Common use of Holding Over Clause in Contracts

Holding Over. If Tenant holds over after the expiration of the Lease Term, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrender.

Holding Over. If Upon expiration or earlier termination of this Lease, Tenant holds over shall promptly vacate the Premises, leaving the Premises in the condition required hereunder. Unless otherwise expressly agreed in writing, if Tenant remains in possession of all or any portion of the Premises after the expiration or termination of the Lease Term, Term (as this Lease may be extended pursuant to Section 2.2 above) with or without the express or implied consent of Landlord’s consent, such tenancy possession by Tenant shall be from deemed to be a month-to-month onlytenancy of the space then occupied by Tenant (the “Occupied Space”) terminable by either party, effective on the first day of the month following thirty (30) days’ advance written notice. All provisions of this Lease, except those pertaining to Term and Base Rent, shall not constitute a renewal hereof or an extension for apply to the month-to-month tenancy of the Occupied Space. If Tenant holds over with the Landlord’s consent, during any further holdover term, and in such case Monthly Tenant shall pay Base Rent for the Occupied Space in an amount equal to the then applicable fair market rental value for the Occupied Space, but in no event shall be payable Tenant pay at a monthly rate less than the Base Rent payable immediately prior to such holdover term. If Tenant holds over without Landlord’s consent, then during any holdover term, Tenant will pay a proportionate amount of the Base Rent for the Occupied Space at the rate applicable to the Occupied Space in an amount (a) for the first sixty (60) days of holdover, equal to one hundred twenty five percent (125%) of Base Rent for the Occupied Space for the last full calendar month during the regular or extended Lease Term and (b) after the first sixty (60) days of holdover, equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable for the Occupied Space for the last full calendar month during the last rental period regular or extended Lease Term, plus (c) one hundred percent (100%) of Tenant’s Pro Rata Share of Additional Rent allocable to the Lease Term Occupied Space, plus (d) any other amounts due under this Lease (the Lease, but except as specifically otherwise provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 21, Tenant shall not be construed as consent liable for any consequential damages arising from or relating to Landlord’s lost business opportunities or otherwise. Acceptance by Landlord to of Rents and/or other amounts due during any holding over by period of Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided ’s holdover shall not result in this Lease upon the expiration or other termination a renewal of this Lease. The provisions of this Article 26 shall 21 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 hereunder or as otherwise provided herein by law; provided, however, Tenant’s liability for rental payments in connection with Tenant’s holdover of the Premises without consent is limited as stated in this Article 21. Landlord shall give Tenant written notice within ten (10) days after Landlord has a new tenant (“New Tenant”) for the Premises or at lawany portion thereof (“New Tenant Space”). Tenant acknowledges that if If Tenant holds over in the New Tenant Space without the consent of Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after causes Landlord to default under, or is otherwise the expiration direct cause of damages suffered by Landlord under the terms of the Termlease between Landlord and New Tenant with respect to the New Tenant Space, in addition to any other liabilities to Landlord accruing therefrom, then Tenant shall protectindemnify Landlord for Landlord’s actual out-of-pocket losses, defendcosts, indemnify damages, and hold expenses incurred by Landlord harmless from and against all claims resulting from such failure, including, without limiting in connection with the generality New Tenant’s lease of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrenderNew Tenant Space.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Lease Term, with or Term without the express or implied prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall be from constitute a month-to-month onlytenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, and possession shall not constitute a renewal hereof or an extension for any further termbe subject to all of the terms of this Lease, and in such case Monthly Base except that the monthly Basic Rent shall be payable at a one hundred twenty percent (120%) of the Basic Rent for the month immediately preceding the date of termination for the initial two (2) months of holdover by Tenant and thereafter, the monthly rate equal to Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of one hundred fifty percent (150%) of the Monthly Base Basic Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month immediately preceding the date of any holdovertermination or the then current Basic Rent for comparable space in the Building or Project, Monthly Base Rent will be payable at as the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease)case may be. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if If Tenant fails to surrender the Premises upon the termination or expiration of this Lease despite Landlord's written demand to do so (which demand shall include notice to Tenant of a succeeding tenant and if such holdover continues the need for thirty (30) days after the expiration of the TermTenant's immediate surrender), in addition to any other liabilities to Landlord accruing therefrom, then Tenant shall protect, defend, indemnify be liable for Landlord's foreseeable consequential and hold Landlord harmless from and against all claims resulting from such failure, other damages (including, without limiting the generality of the foregoinglimitation, any claims made reasonable attorney's fees) proximately caused by any succeeding tenant founded upon such failure to surrender, . Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any losses suffered by Landlord, including lost profits, resulting from such failure to surrenderother rights of Landlord under this Lease or at law.

Holding Over. Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall be unlawfully and illegally in possession of the Premises, whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises without Landlord's written consent. If Tenant holds over after shall retain possession of the Premises or any portion thereof without Landlord's consent following the expiration of this Lease or sooner termination for any reason, then Tenant shall pay to Landlord for each day of such retention the Lease Termamount-greater of one-hundred and fifty percent (150.0%) of the amount of the daily rental as of the last month prior to the date of expiration or earlier termination or one-hundred and fifty percent (150.0%) of the then current market rent for comparable space in Mountain View. Tenant shall also indemnify, with defend, protect and hold Landlord harmless from any loss, liability or cost, including consequential and incidental damages and reasonable attorneys' fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by the express succeeding tenant founded on such delay. Acceptance of Rent by Landlord following expiration or implied consent earlier termination of Landlordthis Lease, such tenancy shall be from month-to-month onlyor following demand by Landlord for possession of the Premises, and shall not constitute a renewal hereof or an extension for any further termof this Lease, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing nothing contained in this Article 26 Paragraph 25 shall be construed as consent by Landlord to waive Landlord's right of reentry or any holding over by Tenantother right. Additionally, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease if upon the expiration or other earlier termination of this Lease, or following demand by Landlord for possession of the Premises, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. The provisions of this Article 26 Paragraph 25 shall not be deemed to limit survive any expiration or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the earlier termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrenderLease.

Holding Over. If Tenant In the event that « Marina Member(s) » holds over after the expiration termination of this agreement the continued occupancy of the Lease Term, with or without space by the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%« Marina Member(s) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 » shall be construed as consent a tenancy at sufferance at the rental herein specified, subject to cancellation by Landlord Pine Tree Park, Co-op, Inc. and subject to any holding over changes in the rental , terms and conditions upon written notice by TenantPine Tree Park Co-op, and Landlord expressly Inc. to the « Marina Member(s) ». CANCELLATION Pine Tree Park Co-op, Inc. reserves the right to require Tenant to surrender possession cancel this agreement upon written notification. « Marina Member(s) » shall immediately remove the Boat from the boat slip within five (5) days of the Premises date of Pine Tree Park Co-op, Inc. written notice of cancellation. Upon failure to Landlord as provided in this Lease upon comply with the expiration or other termination terms of this Leaseagreement or any applicable laws, ordinances and regulations, the « Marina Member(s) » shall pay to Pine Tree Park Co-op, Inc. prior to the removal of the boat the sum of five dollars per day as liquidated damages. The provisions In no event will « Marina Member(s) » be allowed to make use of this Article 26 the facilities subsequent to the date of cancellation expect to remove the boat from the premises. INDEMNIFICATION « Marina Member(s) » HEREBY RELEASES, discharges and covenants not to xxx Xxxx Tree Park Co-op, Inc., their administrators, directors, managers, agents, officers, volunteers and employees (each considered one of the releases’ herein) from all liability, claims, demands, losses or damages on « Marina Member(s) » account caused or alleged to be caused in whole or in part by the negligence of the release’s or otherwise, in regard to Pine Tree Park Co-op, Inc. roles and responsibilities as a provider and manager, respectively, of the facilities at Pine Tree Park Co-op, Inc. and « Marina Member(s)» further agrees that if, despite the release and indemnity agreement, « Marina Member(s) » , or any one of « Marina Member(s) » behalf, make a claim against any of the release’s , in regard to their roles as a provider and manager, « Marina Member(s) » WILL INDEMNIFY, SAVE, AND HOLD HARMLESS each of the releases’ from any litigation expenses, attorney fees, loss, liability, damage or cost which any may incur as a result of such claim. PROPERTY DAMAGE All property stored within, on or about the premises by the « Marina Member(s) » sole risk. Pine Tree Park Co-op, Inc. their administrators, directors, managers, agents, officers, volunteers and employees shall not be deemed liable to limit « Marina Member(s)» for any damage to, or constitute a waiver of loss of, any other rights or remedies of Landlord provided herein or property while at law. Tenant acknowledges that if Tenant holds over without Landlord's consentthe premises, such holding over may compromise or otherwise affect Landlord's ability arising from any cause whatsoever including, but not limited to enter into new leases with prospective tenants regarding the Premises. Therefore: fire, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Termtheft, in addition to any other liabilities to Landlord accruing therefromvandalism, Tenant shall protectwater damage, defend, indemnify and hold Landlord harmless from and against all claims high water resulting from such failureweather conditions, includingstorms, without limiting hurricanes, floods, tornadoes, mysterious disappearance, rodents, act of God, or the generality active or passive acts of the foregoingomissions or negligence of Pine Tree Park Co-op, any claims made by any succeeding tenant founded upon such failure to surrenderInc. their administrators, and any losses suffered by Landlorddirectors, including lost profitsmanagers, resulting from such failure to surrenderagents, officers, volunteers or employees.

Holding Over. Tenant will, at the termination of this Lease by lapse of time or otherwise, yield up immediate possession to Landlord. If Tenant holds over after the expiration retains possession of the Lease TermLeased Premises or any part thereof after such termination, with then Landlord may, at its option and at any time, serve written notice upon Tenant that such holding over constitutes any one of (i) creation of a month to month tenancy, upon the terms and conditions set forth in this Lease; or without (ii) creation of a tenancy at sufferance, in any case upon the express terms and conditions set forth in this Lease; provided, however, that the monthly Rent (or implied consent of Landlorddaily Rent under (ii)) shall, such tenancy shall in addition to all other sums which are to be from month-to-month onlypaid by Tenant hereunder, and shall whether or not constitute a renewal hereof or an extension for any further termas Additional Rent, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term being paid monthly to Landlord under this Lease immediately prior to such termination (provided that prorated in the case of (ii) on the basis of a 365-day year for the first month of any holdovereach day Tenant remains in possession). If no such notice is served, Monthly Base Rent will then a tenancy at sufferance shall be payable deemed to be created at the rate of 125% of Rent in the Monthly Base Rent applicable during preceding sentence. In the last rental period of the Lease Term under this Lease). Such month-to-month event a tenancy at sufferance is created, Tenant shall be subject also pay to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent Landlord all damages sustained by Landlord to any holding over resulting from retention of possession by Tenant, and Landlord expressly reserves including the right to require Tenant to surrender possession loss of any proposed subsequent tenant for any portion of the Leased Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover tenancy at sufferance continues for more than thirty (30) days after the expiration Landlord’s notice that Landlord has a subsequent tenant for a portion of the Term, in addition to Leased Premises. The provisions of this 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 liabilities act in apparent affirmance of the tenancy operate as a waiver of the right to Landlord accruing therefromterminate this Lease for a breach of any of the terms, Tenant shall protectcovenants, defend, indemnify and hold Landlord harmless from and against all claims resulting from such failureor obligations herein on Tenant’s part to be performed or act as a reformation or novation of this Lease or a waiver of any of Landlord’s rights pursuant to this Paragraph 12, including, without limiting the generality limitation, Landlord’s right to demand at any time one hundred fifty percent (150%) of the foregoing, Rent for any claims period of time after the termination of this Lease whether or not Landlord has accepted and deposited any Rent in a lesser amount for such period and whether or not Landlord made by any succeeding tenant founded upon demand for any such failure to surrenderAdditional Rent, and whether or not Tenant and Landlord are then negotiating for extension or renewal of this Lease or the entry into a new lease for the Leased Premises or for other premises and without any losses suffered by Landlord, including lost profits, resulting from such failure condition or requirement that Landlord notify Tenant that Tenant’s holding over is wrongful or that Tenant’s holding over be held to surrenderbe wrongful.

Holding Over. If Tenant holds over after the expiration of the Lease Term, Term with or without the express or implied written consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to of (i) one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first (1st) month of any such holdover, Monthly Base Rent will be payable at the rate of 125% ; (ii) one hundred seventy-five percent (175%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease)Lease for the second (2nd) month of any such holdover; and (iii) two hundred percent (200%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease thereafter. Such month-to-month 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 shall not constitute a renewal hereof or an extension for any further term, and in such case daily damages in any action to recover possession of the Premises shall be calculated at a daily rate equal to (i) one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease for the first (1st) month of any such holdover; (ii) one hundred seventy-five percent (175%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease for the second (2nd) month of any such holdover; and (iii) two hundred percent (200%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease (calculated on a per diem basis) thereafter. Nothing contained in this Article 26 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender vacate and deliver possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if If Tenant holds over without Landlord's ’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 ’s ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender vacate and deliver the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the TermLease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 surrendervacate and deliver, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrendervacate 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. If Tenant holds over after the expiration of the Lease TermTerm hereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to (i) for the first two (2) months of the holdover, one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease and (provided that ii) for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% remainder of the Monthly holdover period, two hundred percent (200%) of the Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and 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. The provisions of this Article 26 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. ThereforeIf Landlord provides Tenant with at least thirty (30) days prior written notice that Landlord has a signed proposal or lease from a succeeding tenant to lease the Premises, and if Tenant fails to surrender the Premises upon the termination or later of (i) the date of expiration of this Lease and if such holdover continues for thirty (30) days after day period, or (ii) the date of expiration or termination of the Term, in addition to any other liabilities to Landlord accruing therefromthis Lease, Tenant shall agrees to protect, defendindemnify, indemnify defend and hold Landlord harmless from all costs (including reasonable attorneys' fees), losses, expenses and against all claims liabilities resulting from such failure, includingincluding without limitation, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon and/or real estate brokers in connection with such failure to surrender, and any losses suffered by Landlord, including lost profits, profits to Landlord resulting from such failure to surrendertherefrom.

Holding Over. If Tenant holds Should Tenant, without Landlord's written consent, hold over after the expiration termination of the Lease Termthis Lease, with or without the express or implied consent of Landlord, such tenancy Tenant shall be become a tenant from month-to-month onlymonth, only upon each and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) all of the Monthly Base Rent terms herein provided as may be applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such to a month-to-month tenancy and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, 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 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 subject to every other applicable term, covenant and agreement contained 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. Nothing Notwithstanding anything contained in this Article 26 to the contrary, for the first sixty (60) days of any such holdover, Tenant shall be construed liable to Landlord only for the Holdover Rent as consent by Landlord set forth above. The foregoing provisions shall not serve as permission for Tenant to any holding over by Tenanthold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates the Premises) and Landlord expressly reserves shall have the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other earlier termination of this Leasethe Term. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if If Tenant fails to surrender the Premises upon the expiration or termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the TermLease, in addition to any other liabilities to Landlord accruing therefromexcept as expressly provided hereunder, Tenant shall protectagrees to indemnify, defend, indemnify defend and hold harmless Landlord harmless from and against all claims resulting from such failurecosts, includingloss, expense or liability, including without limiting the generality of the foregoinglimitation, any claims made by any succeeding tenant founded upon such failure to surrenderwith which Landlord 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 Landlord of any losses suffered 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 month-to-month tenancy may be cancelled by Landlord, including lost profits, resulting from such failure either party with thirty (30) days' prior written notice to surrenderthe other.

Holding Over. If Tenant holds over possession of the Premises after the expiration of the term of this Lease Termwith Landlord’s written consent, with or without the express or implied consent of Landlord, such tenancy shall be Tenant will become a tenant from month-to-month onlyupon the terms specified herein, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base except that Rent shall will be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease)in effect immediately prior to such expiration. Such month-to-month tenancy shall may be subject terminated by either Landlord or Tenant by giving sixty (60) days written notice of termination to every other applicable term, covenant and agreement contained hereinthe other. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if If Tenant holds over without Landlord's ’s written consent, Tenant shall be a tenant at sufferance. In such holding over may compromise event, Tenant shall pay Rent equal to two hundred percent (200%) of the Rent payable during the last month of the Term. If Tenant (a) fails to surrender the Premises within thirty (30) days after either Tenant or otherwise affect Landlord's ability Landlord have terminated the month to enter into new leases with prospective tenants regarding the Premises. Therefore, month tenancy; or (b) if Tenant fails to surrender the Premises upon within thirty (30) days after receipt of a notice to quit if Tenant is a tenant at sufferance; or (c) if Tenant fails to surrender the termination or expiration of this Lease and if such holdover continues for Premises within thirty (30) days after the expiration of this Lease whether it be an expiration or an earlier expiration due to default (time being of the Term, in addition to any other liabilities to Landlord accruing therefromessence), Tenant shall protectbe liable to Landlord for all losses, defendcosts, indemnify liabilities and damages which Landlord may incur by reason thereof, including, without limitation, reasonable attorneys’ fees, and Tenant shall indemnify, defend and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, occupant against Landlord or otherwise arising out of or resulting from such the failure of Tenant to surrender.timely surrender and vacate the Premises in accordance with the provisions of this Lease. 000 XXX XXXXXXXXXX XXXXXX

Holding Over. If Tenant holds over remains in possession after the expiration or termination of the Lease Term, with or without the express or implied consent of Landlord’s written consent, such tenancy Tenant shall become a tenant-at-will, and there shall be from monthno renewal of this Lease by operation of law. During the first ninety (90) days of any such holding over, all provisions of this Lease shall be and remain in effect except that the monthly Base Rental and Tenant’s Additional Rental shall be an amount equal to one hundred twenty-to-five percent (125%) of Base Rental and Tenant’s Additional Rental (including any adjustments as provided herein) payable for the last full month onlyof the Lease Term, and shall not constitute a renewal hereof or an extension for any further term, thereafter monthly Base Rental and in such case Monthly Base Rent Tenant’s Additional Rental shall be payable at a monthly rate an amount equal to one hundred fifty percent (150%) of the Monthly amount of Base Rent applicable during Rental and Tenant’s Additional Rental (including any adjustments as provided herein) payable for the last rental period full month of the Lease Term under Term. The inclusion of the preceding sentence in this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall not be construed as Landlord’s consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require for Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawhold over. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against any and all claims claims, losses and liabilities for damages resulting from such failurefailure to surrender possession upon the expiration or sooner termination of the Lease Term, including, without limiting the generality of the foregoinglimitation, any claims made by any succeeding tenant founded upon tenant. Notwithstanding the foregoing, in the event of a holdover, Tenant shall not be responsible for consequential damages unless such failure to surrenderholdover lasts longer than six (6) months, and any losses suffered if such holdover lasts longer than six (6) months, Tenant shall only be responsible for those consequential damages incurred by Landlord, including lost profits, resulting from such failure to surrenderLandlord after the date that is six (6) months after the date Tenant’s holdover commenced.

Holding Over. If In the event Tenant holds over or any party under Tenant claiming rights to this Lease, retains possession of the Premises after the expiration or earlier termination of this Lease, such possession shall constitute and be construed as a tenancy at will only, subject, however, to all of the Lease Termterms, with or without provisions, covenants and agreements on the express or implied consent part of Landlord, Tenant hereunder; such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such month-to-month tenancy parties shall be subject to every other applicable termimmediate 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, covenant and agreement contained hereinas applicable, prorated on a daily basis. Nothing contained in this Article 26 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 be construed as consent liable for lost profits and/or penalties incurred by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession in connection with a lease of the Premises to Landlord a third party as provided in this Lease upon the expiration or other termination a result of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without LandlordTenant's consent, such holding over may compromise 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 otherwise affect Landlord's ability a portion thereof and, if less than the entire Premises, identifying the portion of the Premises leased, and (ii) setting forth a date (the "Required Vacancy Date") on which Landlord requires Tenant to enter into new leases with prospective tenants regarding vacate the Premises. Therefore, if Tenant fails which date shall be no earlier than the later to surrender the Premises upon the termination or expiration occur of this Lease and if such holdover continues for (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 the 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, whether with or without consent of Landlord, shall operate to extend the term of this Lease; no payments of money by Tenant to Landlord after the expiration or earlier termination of this Lease shall reinstate, continue or extend the Termterm of this Lease; and no extension of this Lease after the expiration or earlier termination thereof shall be valid unless and until the 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 addition to any other liabilities to Landlord accruing therefromway limiting Landlord's rights under subsection 1.302 above, Tenant agrees that Landlord will not be required to deliver Tenant more than one (1) days' notice to vacate prior to Landlord's filing of a forcible detainer suit. In addition, Tenant agrees that Landlord shall protect, defend, indemnify and hold be entitled to the payment of its reasonable legal fees in the event that Landlord harmless from and against all 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 losses suffered prevails in a forcible detainer action brought by Landlord, including lost profits, resulting from such failure to surrender.

Holding Over. If Provided Tenant holds over gives Landlord not less than two hundred seventy (270) days advance written notice (the “Holdover Notice”), Tenant shall be permitted to retain possession of the Premises after the expiration of the Lease TermTerm without any modification of this Lease, with except as provided herein, or without other written agreement between the express or implied consent parties for a period of Landlordup to six (6) months after the Expiration Date, as specifically elected in such tenancy Holdover Notice. If Tenant’s Holdover Notice fails to elect a permitted holdover term, then such election shall be from month-to-month onlydeemed to have been for a period of six (6) months. Tenant’s occupancy during such permitted holdover shall be pursuant to all of the terms and conditions of this Lease, and except that Tenant shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly pay Base Rent shall be payable at a monthly rate equal to in the amount of one hundred fifty percent ten (150110%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such month-to-month tenancy shall be subject in effect immediately prior to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, plus all other Rent provided for in addition to this Lease, except that, after the expiration of such elected (or deemed elected) holdover period the foregoing provisions of this Paragraph 19(f) shall no longer be effective. After the expiration of such permitted holdover period, or at any other liabilities time after the expiration or termination of this Lease during which Tenant remains in occupancy of the Premises without the express right to Landlord accruing therefromdo so under this Paragraph 19(f), Tenant shall protectbe a tenant-at-sufferance, defend, indemnify and hold Landlord harmless from and against all claims resulting from such failure, including, without limiting the generality until Tenant relinquishes possession of the foregoingPremises, any claims made by any succeeding tenant founded upon such failure Tenant shall pay rent in an amount equal to surrendertwo hundred percent (200%) of the Base Rent in effect immediately prior to the expiration or termination of the Lease Term, plus all other Rent provided for in this Lease, and otherwise subject to all the covenants and provisions of this Lease insofar as the same are applicable to such tenancy. If Tenant remains in possession after termination of this Lease without Landlord’s acquiescence or consent, Tenant shall thereupon be subject to summary eviction as provided by Law. Nothing in this paragraph shall be construed as a consent by Landlord to the possession of the Premises by Tenant after the expiration of the Term or any losses suffered termination of this Lease by Landlord, including lost profits, resulting from such failure to surrenderor as an exclusive remedy in the event of a holdover. There shall be no renewal of this Lease by operation of law. This Paragraph 19(f) shall survive the termination of this Lease by lapse of time or otherwise.

Holding Over. If Tenant holds over retains possession of the Leased Premises after the expiration or earlier termination of the Lease Termthis Lease, with or without the express or implied consent of Landlord, such tenancy Tenant shall be from month-to-month onlya tenant at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall not constitute (a) pay an amount (on a renewal hereof or an extension per month basis without reduction for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate partial months during the holdover) equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease Rental Installment (provided that as defined in Section 3.03(a)) due for the first month period immediately preceding the holdover and the monthly installment of any holdover, Monthly Base Additional Rent will (as defined in Section 3.03(a)) that would be payable at due for the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and period; (b) if such holdover continues for thirty (30) days after the expiration or earlier termination of 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 Leased Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that Landlord notified Tenant of a signed lease with New Tenant at least thirty (30) days prior to the end of the Lease Term; (c) if such holdover continues for ninety (90) days after the expiration or earlier termination of this Lease, in addition to any other liabilities be liable to Landlord accruing therefrom, for the loss of the benefit of the bargain if any New Tenant shall protect, defend, terminate its lease by reason of the holding-over by Tenant; and (d) indemnify and hold Landlord harmless from and against all claims resulting for damages by any New Tenant. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Lease Term or prevent Landlord from such failure, including, without limiting the generality immediate recovery of possession of the foregoing, any claims made Leased Premises by any succeeding tenant founded upon such failure to surrendersummary proceedings or otherwise, and this Section 2.06 shall in no way constitute consent by Landlord to any losses suffered holding over by Tenant upon the expiration or earlier termination of this Lease, nor limit Landlord, including lost profits, resulting from ’s remedies in such failure to surrenderevent.

Holding Over. If Tenant holds over after the expiration shall pay Landlord for each day Tenant retains possession of the Premises or part of them after termination of this Lease Term, with by lapse of time or without otherwise at the express or implied consent of Landlord, such tenancy rate (“Holdover Rate”) which shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent One Hundred Fifty Percent (150%) of the Monthly Base amount of the Annual Rent applicable during for the last rental period prior to the date of the Lease Term such termination plus all Rent Adjustments under this Lease (provided that for the first month of any holdoverArticle 4, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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 termprorated on a daily basis, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent also pay all damages sustained by Landlord by reason of such retention; provided, however, if Tenant provides at least six (6) months prior written notice to any holding over by Tenant, and Landlord expressly reserves the right of its intention to require Tenant to surrender retain possession of the Premises to Landlord as provided in this Lease upon after the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding then during the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for first thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefromsuch holdover period, Tenant shall protect, defend, indemnify and hold pay Landlord harmless from and against all claims resulting from such failure, including, without limiting the generality for each day Tenant retains possession of the foregoingPremises or part of them after termination of this Lease the amount of the Annual Rent for the last period prior to the date of such termination plus all Rent Adjustments under Article 4, any claims made by any succeeding tenant founded upon such failure to surrenderprorated on a daily basis, and Tenant shall not be liable for any losses suffered damages sustained by Landlord by reason of such retention during such thirty (30) day period. If Landlord gives notice to Tenant of Landlord’s election to such effect, including lost profitssuch holding over shall constitute renewal of this Lease for a period from month to month at the Holdover Rate, resulting from but if the Landlord does not so elect, no such failure renewal shall result notwithstanding acceptance by Landlord of any sums due hereunder after such termination; and instead, a tenancy at sufferance at the Holdover Rate shall be deemed to surrenderhave been created. In any event, no provision of this Article 14 shall be deemed to waive Landlord’s right of reentry or any other right under this Lease or at law.

Holding Over. If Tenant holds over after the expiration of the Lease TermTerm or earlier termination thereof, with or without the express or implied written consent of Landlord, such tenancy shall be from month-to-month onlya tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent daily damages in any action to recover possession of the Premises shall be payable calculated at a monthly daily rate equal to (i) one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month (1st) two (2) months of any such holdover, Monthly Base Rent will be payable at the rate and (ii) two hundred percent (200%) thereafter plus one hundred percent (100%) of 125% of the Monthly Base 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, covenant and agreement contained hereinall Additional Rent. Nothing contained in this Article 26 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if If Tenant holds over without Landlord's ’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 ’s ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the TermLease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 surrendervacate and deliver, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrendervacate 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. If Tenant holds over after the expiration of the Lease Term, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if it is extremely important that Landlord have substantial advance notice of the date on which Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding will vacate the Premises, because Landlord will (a) require an extension period to locate a replacement tenant, and (b) plan its entire leasing and renovation program for the Building in reliance on its lease expiration dates. Therefore, Tenant also acknowledges that if Tenant fails to surrender the Premises 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 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 or expiration of the Lease Term, then the rent shall be increased to equal One Hundred Fifty per cent (150%) of the Base Rent, plus Additional Rent and other sums that would have been payable pursuant to the provisions of this Lease and if the Lease Term had continued such holdover continues for thirty (30) days after period. Such rent shall be computed by Landlord on a monthly basis and shall be payable on the expiration first day of such holdover period and the Termfirst day of each calendar month thereafter during such holdover period until the Premises have been vacated. 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 holdover shall be deemed to be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month; provided, however, that Landlord may, in addition to its other remedies, elect, in its sole discretion, to treat such holdover as the creation of a month-to-month tenancy with Tenant. In no event shall any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims resulting from such failure, including, without limiting the generality holdover be deemed a permitted extension or renewal of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrenderLease Term, and nothing contained herein shall be construed to constitute Landlord’s consent to any losses suffered by Landlordholdover or to give Tenant any right with respect thereto. Except as otherwise specifically provided in this Article, including lost profits, resulting from such failure to surrenderall terms of this Lease shall remain in full force and effect during the holdover period.

Holding Over. Subtenant shall have no right to Holdover. If Tenant holds over after Subtenant does not surrender and vacate the expiration Subleased Premises at the Expiration Date of this Sublease, Subtenant shall be a tenant at sufferance, or at the Lease Termsole election of Sublandlord, with a month to month tenancy, and the parties agree in either case that the reasonable rental value, if at sufferance, or without the express or implied consent of Landlord, such Rent if a month to month tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a the monthly rate equal to of one hundred and fifty percent (150%) of the Monthly Base monthly Rent applicable set forth in Article 3, and if the definition of Rent in either case does not include additional rent, then with any additional rent due and payable during the last rental such holdover period of time. In connection with this Xxxxxxxxx 00.0, Xxxxxxxxxxx and Subtenant agree that the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% reasonable rental value of the Monthly Base Rent applicable during Subleased Premises following the last rental period Expiration Date of the Lease Term under this Lease). Such month-to-month tenancy Sublease shall be subject the amounts set forth above per month. Sublandlord and Subtenant acknowledge and agree that, under the circumstances existing as of the Effective Date, it is impracticable and/or extremely difficult to every other applicable term, covenant ascertain the reasonable rental value of the Subleased Premises on the Expiration Date and agreement contained herein. Nothing contained in this Article 26 shall be construed that the reasonable rental value established herein is a reasonable estimate of the damage that Sublandlord would suffer as consent by Landlord the result of the failure of Subtenant to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to timely surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this LeaseSubleased Premises. The provisions parties acknowledge that the liquidated damages established herein is not intended as a forfeiture or penalty within the meaning of this Article 26 shall not be deemed California Civil Code sections 3275 or 3369, but is intended to limit or constitute a waiver of any liquidated damages to Sublandlord pursuant to California Civil Code sections 1671, 1676, and 1677. Notwithstanding the foregoing, and in addition to all other rights or and remedies on the part of Landlord provided herein or at law. Tenant acknowledges that Sublandlord if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant Subtenant fails to surrender the Subleased Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the TermSublease, in addition to any other liabilities to Landlord Sublandlord accruing therefrom, Tenant Subtenant shall protectindemnify, defend, indemnify defend and hold Landlord Sublandlord harmless from and against all claims Claims resulting from such failure, including, without limiting the generality of the foregoinglimitation, any claims made Claims by any succeeding tenant founded upon third parties based on such failure to surrender. Furthermore, in the event that Subtenant fails to surrender the Premises after such time that (a) the Master Lease has expired and (b) Sublandlord has surrendered its premises under the Master Lease, then the rate for month to month tenancy at sufferance shall be one hundred and fifty percent of any losses suffered by Landlord, including lost profits, resulting and all Rent due to Master Landlord from such failure to surrenderSublandlord under the holdover provisions of the Master Lease.

Holding Over. If This Lease shall terminate without further notice on the Lease Expiration Date (as set forth in Article 1). Any holding over by Tenant holds over after the expiration of the Lease Term, with or without the express or implied consent of Landlord, such tenancy Term shall be from month-to-month only, and shall not neither constitute a renewal hereof nor extension of this Lease nor give Tenant any rights in or to the Leased Premises except as expressly provided in this Paragraph. Any such holding over to which Landlord has consented shall be construed to be a tenancy from month to month, on the same terms and conditions herein specified insofar as applicable, except that the Base Monthly Rent shall be increased to an extension for any further term, and in such case amount equal to one hundred twenty-five percent (125%) of the Monthly Base Rent shall be payable at a monthly rate equal to for the last month immediately preceding such holding over for the first two (2) months or any such holding over, and thereafter one hundred fifty percent (150%) of the Base Monthly Base Rent applicable payable during the last rental period full month immediately preceding such holding over. Without limiting the foregoing, in the event of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any a holding over by Tenantto which Landlord has consented, and any rights of Landlord expressly reserves the right to require or obligations of Tenant to surrender possession of the Premises to Landlord as provided set forth in this Lease upon and purporting to apply during the expiration or other termination term of this Lease. The provisions of this Article 26 , shall not nonetheless also be deemed to limit or constitute a waiver of apply during any other rights or remedies of Landlord provided herein or at lawsuch hold over period. Tenant acknowledges that if Tenant holds over without Landlord's ’s consent, such holding over may compromise or otherwise affect Landlord's ’s ability to enter into new leases with prospective tenants regarding the Leased Premises. Therefore, if in the event Tenant fails to surrender does not vacate the Leased Premises upon in accordance with the termination terms of this Paragraph 13.2 on or before the expiration of this the Lease and Term (or the expiration of a holdover term, if such holdover continues for applicable) after receiving at least thirty (30) days’ advance written notice from Landlord demanding that Tenant vacate the Leased Premises and otherwise satisfying the requirements set forth below (a “Vacation Notice”), which notice may be given to Tenant at any time during the last sixty (60) days after the expiration of the TermLease Term or during any holdover period, in addition to any other liabilities to Tenant shall be liable for all damages (including attorneys’ fees and expenses) of whatever type (including consequential damages) incurred by Landlord accruing therefromas a result of such holding over, and Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims resulting from such failurefailure to vacate, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrender. The Vacation Notice shall specifically refer to this Lease and the address of the Building, and shall include (on the first page of the Vacation Notice) the following language in bold, capitalized font: “NOTICE: UNDER PARAGRAPH 13.2 OF THE LEASE, TENANT’S FAILURE TO VACATE THE LEASED PREMISES BY THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE TERM (OR HOLDOVER TERM IF APPLICABLE) MAY RESULT IN SIGNIFICANT DAMAGES TO LANDLORD, INCLUDING CONSEQUENTIAL DAMAGES.”

Holding Over. No holding over by Tenant past the Expiration Date shall operate to extend the Term. If Tenant holds over after the expiration remains in possession of the Lease TermPremises after expiration or termination of this Lease: (i) Tenant shall become a tenant at sufferance upon all the applicable terms and conditions of this Lease, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly except that Base Rent shall be payable at a monthly rate equal increased to (a) one hundred twenty-five percent (125%) of the Base Rent in effect during the last month of the Term for the first month of holdover, (b) one hundred fifty percent (150%) of the Monthly Base Rent applicable in effect for the last month of the Term for the second (2nd) through sixth (6th) months of holdover, and (c) two hundred percent (200%) of the Base Rent in effect during the last rental period month of the Lease Term under this Lease (provided that for thereafter; Tenant shall indemnify, defend, protect and hold harmless Landlord, the first month of other Indemnitees, and any holdover, Monthly Base Rent will be payable at the rate of 125% tenant to whom Landlord has leased all or part of the Monthly Base Rent applicable during Premises from Claims (including loss of rent loss to Landlord or additional rent payable by such tenant and reasonable attorneys’ fees) suffered or incurred by Landlord, such other Indemnitees, or such tenant resulting from Tenant’s failure timely to vacate the last rental period of the Lease Term under this Lease). Such month-to-month tenancy shall be subject to every other applicable term, covenant Premises; and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any (iii) such holding over by Tenant shall constitute an Event of Default. Landlord’s acceptance of Rent if and after Tenant holds over shall not convert Tenant, and Landlord expressly reserves the right ’s tenancy at sufferance to require Tenant to surrender possession any other form of tenancy or result in a renewal or extension of the Premises to Landlord as provided in this Lease upon the expiration or other termination Term of this Lease, unless otherwise specified by written notice from Landlord to Tenant. The provisions of this Article 26 Within ten (10) business days after Tenant’s request, Landlord shall not be deemed to limit provide Tenant a written notice setting forth any leases or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender occupancy agreements for the Premises upon or any portion thereof entered into by Landlord as of the termination or expiration date of this Lease such request and if such holdover continues for thirty (30) days which will commence after the expiration of the Term, in addition term of this Lease and for which Landlord may suffer Claims if Tenant fails to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims resulting from such failure, including, without limiting timely vacate the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrenderPremises.

Holding Over. If It is hereby agreed that in the event of Tenant holds holding over after the expiration termination of this Lease, by lapse of time or otherwise, thereafter the Lease Term, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month onlyto month in the absence of a written agreement to the contrary, and Tenant shall not constitute pay to Landlord a renewal hereof or an extension monthly occupancy charge equal to (i) for the first sixty (60) days of holdover, one hundred twenty-five percent (125%) of the monthly Basic Rental payable hereunder for the last lease year, and (ii) for any further termholdover beyond said sixty (60) days, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during monthly Basic Rental payable hereunder for the last rental period of the Lease Term under this Lease lease year (provided that for the first month of any holdover, Monthly Base Rent will be plus all other charges payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term by Tenant under this Lease). Such month-to-) such occupancy charges to be payable from the expiration or termination of this Lease until the end of the calendar month tenancy shall be subject in which the Premises are delivered to every other applicable term, covenant and agreement contained Landlord in the condition required herein. Nothing contained If Landlord shall enter into a new lease or amend an existing lease for premises in the Building for all or a portion of the Premises at the end of the Term of this Article 26 Lease, Landlord shall be construed as consent by Landlord so notify Tenant and if Tenant fails to any holding over by Tenant, vacate and Landlord expressly reserves the right to require Tenant to surrender possession deliver all or such portion of the Premises to Landlord as provided within sixty (60) days after receipt of such notice (but in this Lease upon no event prior to the expiration or other earlier termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom), Tenant shall protect, defend, indemnify be responsible for any and hold all damages actually and reasonably incurred by Landlord harmless from and against all claims resulting from such failure, including, without limiting the generality as a result of the foregoing, any claims made by any succeeding tenant founded upon such Tenant’s failure to surrender, so vacate and any losses suffered by Landlord, deliver the Premises or such portion thereof (including lost profits, resulting from the loss of such failure to surrenderlease or amendment).

Holding Over. If Tenant holds over after the expiration of the Lease Term, Term with or without the express or implied written consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to of one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for during the first month of any holdover, Monthly Base Rent will be payable at two (2) months following the rate of 125% of the Monthly Base Rent applicable during the last rental period expiration or earlier termination of the Lease Term under this Lease)Term, and two hundred percent (200%) thereafter. Such month-to-month 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 shall not constitute a renewal hereof or an extension for any further term, and in such case daily damages in any action to recover possession of the Premises shall be calculated at a daily rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease (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. Nothing contained in this Article 26 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender vacate and deliver possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if If Tenant holds over without Landlord's ’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 ’s ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender vacate and deliver the Premises upon within thirty (30) days following the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the TermLease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 surrendervacate and deliver, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrendervacate 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. If Tenant holds over for more than thirty (30) days after the expiration of the Lease Term, with Term or without the express or implied consent of Landlordearlier termination thereof, such tenancy shall be from month-to-month onlya tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly daily rate equal to one hundred fifty percent the product of (150%i) of the Monthly Base daily Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last unabated rental period of the Lease Term under this Lease), and (ii) a percentage equal to 125% during the first three (3) months immediately following the expiration or earlier termination of the Lease Term, and 150% thereafter. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. If Tenant holds over without Landlord’s express written consent, 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. The provisions of this Article 26 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if If Tenant fails to surrender the Premises upon within one (1) month after the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the TermLease, then in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and against all claims 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, surrender and any losses suffered by Landlordlost profits to Landlord resulting therefrom. Tenant agrees that any proceedings necessary to recover possession of the Premises, including lost profitswhether before or after expiration of the Lease Term, resulting from such failure shall be considered an action to surrenderenforce the terms of this Lease for purposes of the awarding of any attorney’s fees in connection therewith.

Holding Over. If Tenant holds over remains in possession of the Premises ------------ after the expiration or earlier termination of the this Lease Term, with or without the express or implied written consent of Landlord (which consent may be withheld in Landlord's sole discretion), such tenancy Tenant's occupancy shall be from a month-to-month onlytenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and shall not constitute a renewal hereof or an extension for any further termeach day of the holdover period thereafter, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) ), of the Monthly Base Rent applicable and Additional Rent payable under this Lease during the last rental period full month prior to the date of the Lease Term under expiration of this Lease or (provided that ii) the then fair market rental (as reasonably determined by Landlord) for the first Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month of any holdovertenancy, Monthly Base Rent will be payable at then the rate of 125% of monthly rent specified in such written agreement shall instead apply. Except as provided in the Monthly Base Rent applicable during preceding sentence, the last rental period of the Lease Term under this Lease). Such month-to-month tenancy shall be subject on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to every other applicable term, covenant and agreement contained herein. Nothing additional space in the Building contained in this Article 26 Lease shall be construed as consent by Landlord deemed to any have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over by Tenant, and Landlord expressly reserves with Landlord's written consent shall not result in any other tenancy or in a renewal of the right to require original term of this Lease. If Tenant to surrender remains in possession of the Premises to Landlord as provided in this Lease upon after the expiration or other earlier termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over Lease without Landlord's consentconsent as required above, such holding over may compromise or otherwise affect Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender ) for the Premises upon or (ii) two hundred percent (200%) of the termination or expiration of Monthly Rent and Additional Rent payable under this Lease and if for the last full month prior to the date of such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrenderor termination.

Holding Over. If Tenant holds over after the expiration of the Lease TermTerm or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) a percentage equal to one hundred fifty percent (150%). Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if If Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the TermLease, 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 against all claims 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 surrendersurrender and any lost profits to Landlord resulting therefrom; provided, however, upon entering into a third party lease which affects all or any portion of the Premises, Landlord shall deliver written notice (the “New Lease Notice”) of such lease to Tenant and the terms of the foregoing indemnity shall not be effective until the later of (i) the date that occurs thirty (30) days following the date Landlord delivers such New Lease Notice to Tenant, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrender(ii) the date which occurs thirty (30) days after the termination or expiration of this Lease.

Holding Over. If Tenant holds over remains in possession of the Premises after the expiration or earlier termination of the this Lease Term, with or without the express or implied written consent of Landlord, such tenancy Xxxxxx's occupancy shall be from a month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable tenancy at a monthly rate equal to rent agreed upon by Landlord and Tenant, but in no event less than the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent applicable and Additional Rent payable under this Lease during the last rental period full month prior to the date of the Lease Term under expiration of this Lease or (provided that ii) the then fair market rental (as reasonably determined by Landlord) for the first month of any holdoverPremises. Except as provided in the preceding sentence, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such month-to-month tenancy shall be subject on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to every other applicable term, covenant and agreement contained herein. Nothing additional space in the Building contained in this Article 26 Lease shall be construed as consent by Landlord deemed to any have terminated and shall be inapplicable thereto. Xxxxxxxx's acceptance of rent after such holding over by Tenant, and Landlord expressly reserves with Xxxxxxxx's written consent shall not result in any other tenancy or in a renewal of the right to require original term of this Lease. If Tenant to surrender remains in possession of the Premises to Landlord as provided in this Lease upon after the expiration or other earlier termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over Lease without Landlord's consent, such holding over may compromise or otherwise affect Xxxxxx's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred fifty percent (150%) of the fair market rental (as reasonably determined by Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender ) for the Premises upon or (ii) two hundred percent (200%) of the termination or expiration of Monthly Rent and Additional Rent payable under this Lease and if for the last full month prior to the date of such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrenderor termination.

Holding Over. If Tenant holds over remains in possession of the Premises after the expiration or earlier termination of the this Lease Term, with or without the express or implied written consent of Landlord, such tenancy Tenant’s occupancy shall be from a month-to-month onlytenancy at a rent agreed upon by Landlord and Tenant in writing; provided, however, if Landlord has consented to the holdover in writing, but Landlord and shall Tenant did not constitute a renewal hereof or an extension for any further termagree in writing on the rent during the holdover period, and in such case Monthly Base Rent the monthly rent during the holdover period shall be payable at a monthly rate equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent applicable and Additional Rent payable under this Lease during the last rental period full month prior to the date of the Lease Term under expiration of this Lease or (provided that ii) the then fair market rental (as reasonably determined by Landlord) for the first month of any holdoverPremises. Except as provided in the preceding sentence, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such month-to-month tenancy shall be subject on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to every other applicable term, covenant and agreement contained herein. Nothing additional space in the Building contained in this Article 26 Lease shall be construed as consent by Landlord deemed to any have terminated and shall be inapplicable thereto. Landlord’s acceptance of rent after such holding over by Tenant, and Landlord expressly reserves with Landlord’s written consent shall not result in any other tenancy or in a renewal of the right to require original term of this Lease. If Tenant to surrender remains in possession of the Premises to Landlord as provided in this Lease upon after the expiration or other earlier termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over Lease without Landlord's ’s written consent, such holding over may compromise or otherwise affect Landlord's ability Tenant’s continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to enter into new leases with prospective tenants regarding (i) for the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for first thirty (30) days of such holdover, one hundred fifty percent (150%) of the Monthly Rent and one hundred percent (100%) of the Additional Rent payable under this Lease for the last full month prior to the date of such expiration or termination and (ii) for the holdover period from and after the expiration end of the Termsuch thirty (30) day period, in addition such percentage applied to any other liabilities Monthly Rent shall increase to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrendertwo hundred percent (200%).

Holding Over. If Tenant holds This Sublease shall terminate without further notice on the Sublease Expiration Date (as set forth in Article 1). Any holding over by Subtenant after the expiration of the Lease Term, with or without the express or implied consent of Landlord, such tenancy Sublease Term shall be from month-to-month only, and shall not neither constitute a renewal hereof nor extension of this Sublease nor give Subtenant any rights in or an extension for any further termto the Leased Premises except as expressly provided in this Section 18.2. Any such holding over to which Sublandlord and Head Landlord have consented to in writing shall be construed to be a tenancy from month to month, on the same terms and in such case conditions herein specified insofar as applicable, except that the Base Monthly Base Rent shall be payable at a monthly rate increased for the first two (2) months of such holding over to an amount equal to one hundred fifty percent (150%) of the Base Monthly Base Rent applicable payable during the last rental period full month immediately preceding such holding over and thereafter the Base Monthly Rent shall be increased for the remainder of such holding over to an amount equal to two hundred percent (200%) of the Lease Term under this Lease (provided that for the first month of any holdover, Base Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease)full month immediately preceding such holding over. Such month-to-month tenancy shall be subject to every other applicable term, covenant Subtenant acknowledges and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges agrees that if Tenant Subtenant holds over without Landlord's Sublandlord’s consent, such holding over may compromise or otherwise affect Landlord's Sublandlord’s ability to enter recapture the Leased Premises for Sublandlord’s use, including, without limitation, entering into new leases with prospective tenants subtenants regarding the PremisesLeased Premises due to be surrendered by Subtenant. Therefore, if Tenant Subtenant fails to surrender the Leased Premises upon the termination or expiration of this Lease and if such holdover continues for within thirty (30) days after the expiration of the TermSublease Expiration Date, then, in addition to any the increased Base Monthly Rent and other liabilities to Landlord amounts due under this Sublease accruing therefrom, Tenant Subtenant shall be liable for any claims for lost profits or other consequential damages of Sublandlord resulting from Subtenant holding over in the Leased Premises or any portion thereof; and Subtenant shall protect, defend, indemnify and hold Landlord Sublandlord harmless from and against all claims resulting from such failure, including, without limiting the generality of the foregoing, any claims made by Sublandlord or any succeeding tenant subtenant founded upon such failure to surrender, and any losses suffered by LandlordSublandlord, including lost profits, or consequential damages resulting from such failure to surrender.

Holding Over. If Tenant holds over Notwithstanding anything contained in the Master Lease to the contrary, for each month or portion thereof Subtenant retains possession of the Subleased Premises or any portion thereof after the expiration or termination of the Lease Term, with or this Sublease without the express or implied consent of LandlordSublandlord, such tenancy Subtenant shall be from become a month-to-month only, and Subtenant on the terms of the Sublease except that Subtenant shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal pay to Sublandlord one hundred and fifty percent (150%) of the Monthly most recent Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125pursuant to Paragraph 5(b) hereof and 100% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this LeaseAdditional Rent. The provisions of this Article 26 Paragraph shall not be deemed to limit or constitute a waiver by Sublandlord of any other re-entry rights or remedies of Landlord Sublandlord as provided herein or at by law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding Notwithstanding the Premises. Thereforeforegoing, if Tenant fails to surrender Subtenant retains possession of the Subleased Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days any portion thereof after the expiration or termination of the TermMaster Lease, and the Sublandlord’s Premises has been fully surrendered to Master Landlord at the expiration or termination of the Master Lease, Subtenant shall be liable for any and all losses, claims, expenses, damages and demands payable by Sublandlord to Master Landlord under Section 3(d) of the Master Lease (“Holdover Damages”); provided, however, in addition no event shall Subtenant be liable for any claims or demands made by succeeding tenants founded upon delay in delivery of possession of the Subleased Premises to such succeeding tenant unless Sublandlord has given Subtenant not less than 20 days written notice that there will be a tenant succeeding to the Subleased Premises. If Subtenant retains possession of the Subleased Premises or any portion thereof after the expiration or termination of this Sublease without the consent of Sublandlord, and Sublandlord or any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against subtenant of Sublandlord also retains possession of all claims resulting from such failure, including, without limiting the generality or any part of the foregoingSublandlord’s Premises, any claims made by any succeeding tenant founded upon such failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrenderthen Subtenant shall only be liable for Subtenant’s Share of Sublandlord’s Holdover Damages. This Paragraph 14 shall survive the expiration or sooner termination of this Sublease.

Holding Over. If Tenant fails to deliver possession of the Premises on the Termination Date, but holds over after the expiration or earlier termination of the this Lease Term, with or without the express or implied prior written consent of Landlord, such tenancy shall be construed as a tenancy from month-to-month onlyon the same terms and conditions as are contained herein, and except that the Fixed Monthly Rent payable by Tenant during the first thirty (30) days of holding over (the “Initial Holdover Period”) shall not constitute a renewal hereof or automatically increase as of the Termination Date to an extension amount equal to one hundred twenty-five percent (125%) of the Fixed Monthly Rent payable by Tenant for any further termthe calendar month immediately prior to the date when Tenant commences such holding over (the “Holdover Rent”). After the expiration of the Initial Holdover Period, and in such case Monthly Base the Holdover Rent shall be payable at a monthly rate equal increased to one hundred fifty percent (150%) of the Fixed Monthly Base Rent applicable payable by Tenant for the calendar month immediately prior to the date when Tenant commenced such holding over. Such Holdover Rent shall be paid during the last rental such period as Tenant retains possession of the Lease Term under this Lease (provided that for the first month Premises. However, Tenant’s payment of such Holdover Rent, and Landlord’s acceptance thereof, shall not constitute a waiver by Landlord of any holdoverof Landlord’s rights or remedies with respect to such holding over, Monthly Base Rent will nor shall it be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such month-to-month tenancy shall deemed to be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as a consent by Landlord to any holding over by Tenant’s continued occupancy or possession of the Premises past the time period covered Tenant’s payment of the Holdover Rent. Furthermore, and Landlord expressly reserves the right if Tenant fails to require Tenant to surrender deliver possession of the Premises to Landlord as provided in this Lease upon the expiration or other earlier termination of this Lease. The provisions , and Landlord has theretofore notified Tenant in writing that Landlord requires possession of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Terma succeeding tenant, then, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees and against all claims expenses) and liability resulting from such failure, including, including without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such arising out of Tenant’s failure to so surrender, and any losses suffered by Landlordlost profits to Landlord resulting therefrom. Notwithstanding the provisions contained hereinabove regarding Tenant’s liability for a continuing holdover, including lost profits, resulting from such failure Landlord agrees to surrenderuse commercially reasonable efforts to insert into any future lease of another tenant proposing to occupy the Premises provisions permitting mitigation of Tenant’s damages arising out of Tenant’s temporary holdover.

Holding Over. If Tenant holds possesses the Premises after the Term expires or is otherwise terminated without executing a new lease but with Landlord's written consent (which consent may be given or withheld by Landlord in its sole discretion) (such period being hereinafter referred to as (the "Permitted Holdover Period"), Tenant is deemed to be occupying the Premises during the Permitted Holdover Period as a tenant from month-to-month, subject to all provisions, conditions and obligations of this Lease applicable to a month-to-month tenancy, except that (a) Rent during the Permitted Holdover Period will equal 125% of the greater of (i) the Rent payable by Tenant in the last Lease Year of the Term or (ii) the basic rent and additional rent (on a daily basis) Landlord charges during the Permitted Holdover Period on new leases in the Property for space similar to the Premises, and (b) either Landlord or Tenant may terminate the Permitted Holdover Period at any time upon thirty (30) days prior written notice to the other party. The permitted Holdover Period will not exceed three months. If Landlord does not give its written consent to such holding over by Tenant and Tenant nevertheless possesses the Premises after the Term expires or is otherwise terminated, or if Landlord gives its written consent as provided above but Tenant remains in possession of the Premises after the expiration of the Lease TermPermitted Holdover Period, with or Tenant is deemed to be occupying the Premises without the express or implied consent claim of Landlord, such tenancy shall be from month-to-month only, right (but subject to all terms and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) conditions of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such month-to-month tenancy shall be subject ) and, in addition to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant 's liability for failing to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination Section 18.1, Tenant will pay Landlord a charge for each day of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or occupancy after expiration of this Lease and if such holdover continues for thirty the Term (30) days or after the expiration of the TermPermitted Holdover Period, if applicable) in addition an amount equal to any other liabilities to double the greater of Tenant's then-existing Rent or the basic rent and additional rent (on a daily basis) Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims resulting from such failure, including, without limiting charges at the generality time of the foregoing, any claims made by any succeeding tenant founded upon such failure holdover on new leases in the Property or space similar to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrenderthe Premises.

Holding Over. If Tenant holds over after the expiration of the Lease Term, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to to: (i) during the initial three (3) months of such holdover, one hundred fifty percent (150%) of the Monthly monthly Base Rent applicable during the last rental period of the Lease Term under this Lease; and (ii) for any period of holdover thereafter, two hundred percent (200%) of the greater of (a) the Base Rent applicable during the last rental period of the Lease Term under this Lease or (provided that b) the fair market rental rate for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% Premises as of the Monthly Base Rent applicable during the last rental period commencement of the Lease Term under this Lease)such holdover period. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's ’s consent, such holding over may compromise or otherwise affect Landlord's ’s ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the TermLease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrender.

Holding Over. If Tenant holds over after the expiration of the Lease Term, Term with or without the express or implied written consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to of one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing 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 shall not constitute a renewal hereof or an extension for any further term, and in such case daily damages in any action to recover possession of the Premises shall be calculated at a daily rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease (calculated on a per diem basis). Notwithstanding the foregoing, Tenant shall have the one-time right, upon notice (the "Holdover Notice") to Landlord not less than six (6) months prior to the expiration of the Lease Term, to extend the Lease Term for a period of up to three (3) months (which period shall be set forth in the Holdover Notice) (the "Permitted Holdover Term"), in which case the Base Rent payable by Tenant during such Permitted Holdover Term shall equal (a) one hundred twenty-five (125%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease for the first month of any such Permitted Holdover Term, and (b) one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease for the second and/or third months of any such Permitted Holdover Term. Except with respect to the Permitted Holdover Term, nothing contained in this Article 26 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender vacate and deliver possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if 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 surrender vacate and deliver the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the TermLease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 surrendervacate and deliver, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrendervacate 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. If Tenant holds Any holding over by Subtenant after the expiration or termination of the Lease TermTerm shall be subject to the prior written approval of Sublessor, with which approval may be granted or without the express or implied withheld in Sublessor's sole discretion. If Sublessor shall consent of Landlordto Subtenant's holding over, such tenancy holding over shall be from month-to-month only, and shall not constitute construed as a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such month-to-month tenancy shall be subject to every the rental terms and all other applicable termterms, covenant conditions and agreement contained herein. Nothing contained obligations set forth in this Article 26 shall Sublease. Sublessor may terminate any such month-to-month tenancy by giving Subtenant written notice to vacate, which notice may be construed as consent by Landlord to given on any holding over by Tenantday during a month, and Landlord expressly reserves Subtenant shall vacate the right to require Tenant to surrender possession of the Subleased Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for within thirty (30) days after receipt of such notice. Sublessor hereby advises Subtenant of, and Subtenant acknowledges, the importance to Sublessor of regaining possession of the Subleased Premises promptly at the expiration of this Sublease. Therefore, in the event Subtenant shall fail to vacate the Subleased Premises at the expiration or earlier termination of this Sublease without having obtained Sublessor's prior written approval, or if Subtenant shall hold over with Sublessor's approval and subsequently shall fail to vacate the Subleased Premises within thirty (30) days after receipt of Sublessor's notice to vacate the Subleased Premises, then, in either such event, Sublessor, at its option, shall have the right to re-enter forthwith and take possession of the Subleased Premised without process or to institute proceedings for the eviction or removal of Subtenant and the recovery of possession of the Subleased Premises. In addition, at Sublessor's option, Subtenant's holding over shall be construed as a month-by-month tenancy subject to all the terms, conditions and obligations set forth in this Sublease, except that Base Rent payable by Subtenant shall equal 125% of the rent payable by Sublessor for the Subleased Premises under the Master Lease. Nothing in this paragraph or in this Sublease to the contrary shall limit Sublessor's remedies hereunder or Sublessor's right to recover damages from the Subtenant in the event Subtenant holds over in the Subleased Premises after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims resulting from such failure, including, without limiting the generality of the foregoinglimitation, any claims made by any succeeding tenant founded upon such failure rent obligations for the ENTIRE Main Premises which Sublessor may incur pursuant to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure the Master Lease as a result of Sublessor's inability to surrendersurrender the Main Premises to Master Lessor because of Subtenant's holdover.

Holding Over. If Tenant Tenant, without the written consent of Landlord, holds over after and does not surrender possession of the Premises upon the expiration of the Lease TermTerm or sooner termination of this Lease, with or without the express or implied consent of Landlordthen Landlord may elect, by written notice to Tenant, to treat such tenancy shall be from holding over as a month-to-month onlytenancy, or as a tenancy at sufferance; in each case upon the terms and shall not constitute a renewal hereof or an extension for any further term, and conditions set forth in such case Monthly this Lease except that the monthly Base Rent (or daily rent if Landlord does not elect to create a month to month tenancy) shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term owed to Landlord under this Lease (provided that immediately prior to such expiration or termination for the first four (4) months of holdover, and two hundred percent (200%) thereafter. If Landlord elects to treat Tenant as a month to month tenant, either party may thereafter terminate the tenancy as of the end of any holdover, Monthly Base Rent will be payable calendar month by written notice to the other party at least thirty (30) days before the rate of 125% last day of the Monthly Base Rent applicable during month. Notwithstanding the last rental period of foregoing, Landlord may terminate the Lease Term under this Lease)at any time if Tenant is in default. Such month-to-month tenancy Tenant shall be subject liable to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to for all damages that Landlord suffers because of any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protectindemnify, defend, indemnify defend and hold Landlord harmless from and against all claims (including actual and opportunity costs and attorney fees and costs) resulting from such failureTenant’s retention of possession, including, without limiting the generality limitation, (a) any claim from any tenant against Landlord for any loss, cost or damages suffered by such tenant of all or any part of the foregoingPremises, and (b) Landlord’s damages as a result of such tenant rescinding the lease of all or any claims made portion of the Premises by any succeeding tenant founded upon reason of such failure of Tenant to surrendertimely surrender the Premises. Landlord may elect to treat Tenant as remaining in possession of the 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 shall not 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 apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for a breach of any terms, and any losses suffered by Landlordcovenants, including lost profits, resulting from such failure or obligations contained in this Lease on Tenant’s part to surrenderbe performed.

Holding Over. If Tenant holds over after the expiration of the Lease TermTerm or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred and fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Notwithstanding the foregoing, Tenant shall have the one-time right, upon notice (the “Holdover Notice”) to Landlord not less than twelve (12) months prior to the expiration of the then Lease Term, to extend the Lease Term for a period of up to two (2) months (the “Permitted Holdover Term”), in which case the Rent payable by Tenant during such Permitted Holdover Term shall equal one hundred twenty-five percent (125%) of the Rent applicable during the last rental period of the Lease Term under this Lease for the first (1st) month of such Permitted Holdover Term and one hundred fifty percent (150%) for the second (2nd) months of such Permitted Holdover Term. Nothing contained in this Article 26 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if If Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the TermLease, 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 against all claims 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, surrender and any losses suffered by Landlordlost profits to Landlord resulting therefrom; , including lost profits, resulting from such failure to surrenderprovided Landlord promptly notified Tenant in writing of any lease or signed letter of intent for all or any portion of the Premises.

Holding Over. If Tenant holds over after may remain in the Premises for a specified time period (up to one hundred eighty (180) days) following the Lease Term expiration (the “Operational Extension”) by notifying Landlord of its intention prior to the Extension Notice Deadline (the “Operational Extension Option”). The Operational Extension will be under the same terms and conditions in effect during the immediately previous Lease Term. In the event a holdover possession exceeds the Operational Extension, or in the event of any other holdover (including following an early termination by Tenant),, such possession will be month-to-month at a rate of one hundred twenty-five percent (125%) of Base Rent at the time of the holdover, provided that any annual increases in Base Rent will continue to occur as contemplated by Base Rent and Operating Expense Exclusions, Addendum 1, and subject to termination by Landlord or Tenant upon thirty (30) days’ notice to the other party at any time. During any holdover possession, all of the other terms of this Lease (excluding any expansion or similar option or right) will be applicable and all other payments will continue. Subject to Section 33, if (a) Tenant has not vacated the Premises following the expiration of the Lease Term or the Operational Extension, as applicable; and (b) Landlord provides at least thirty (30) days’ notice of the amount of any of the following damages that Landlord will incur as a result of Tenant’s failure to vacate the Premises at the end of such thirty (30)-day period, then if Tenant fails to vacate before the later of (i) the expiration of the Lease Term, with or without ; (ii) the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month expiration of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration Operational Extension; or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for (iii) thirty (30) days after receipt of such notice, Tenant will be liable to Landlord for the expiration rental revenue actually lost by Landlord solely as a result of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless holdover from and against all 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 surrenderan executed lease, and any losses suffered amounts Landlord is required to pay to any new tenant solely as a result of the holdover, but Tenant will not be liable for any other indirect or consequential damages. No holding over by Tenant, whether with or without consent of Landlord, including lost profits, resulting from such failure will operate to surrenderextend this Lease except as otherwise expressly provided herein.

Holding Over. If 22.1 Tenant holds over after 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 locate a replacement tenant and because Landlord plans its entire leasing and renovation program for the Building in reliance on its lease expiration dates. Tenant also acknowledges that if Tenant fails to surrender the Premises or any portion thereof at the expiration or earlier termination of the Lease Term, with then it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Base Rent and additional rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant (or without anyone claiming through Tenant) does not immediately surrender the express Premises or implied consent any portion thereof upon the expiration or earlier termination of Landlordthe Lease Term, such tenancy then the rent payable by Tenant hereunder shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate increased to equal to one hundred fifty percent (150%) of the Monthly greater of (1) the fair market rent for the entire Premises, or (2) the Base Rent applicable during Rent, additional rent and other sums that would have been payable pursuant to the last rental period provisions of this Lease if the Lease Term under this Lease (provided that for 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 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 any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under 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. Such Any such holdover shall be deemed to be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month tenancy month. In no event shall any holdover be subject to every other applicable termdeemed a permitted extension or renewal of the Lease Term, covenant and agreement nothing contained herein. Nothing contained in this Article 26 herein shall be construed as to constitute Landlord's consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the holdover or to give Tenant any 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. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrenderrespect thereto.

Holding Over. If In the event Tenant holds over remains in possession of the Premises after the expiration of the Lease TermTerm hereof, or of any renewal term, with or without the express or implied consent of Landlord’s written consent, such tenancy Tenant shall be from month-to-month only, a tenant at will and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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 all the provisions hereof, except that the monthly rental shall be at 150% of the monthly Base Rent payable hereunder upon such expiration of the Term hereof, or of any renewal term. In the event Tenant remains in possession of the Premises after the expiration of the Term hereof, or any renewal term, covenant without Landlord’s written consent, Tenant shall be a tenant at sufferance and agreement contained hereinmay be evicted by Landlord without any notice, but Tenant shall be obligated to pay rent for such period that Tenant holds over without written consent at the same rate provided in the previous sentence and shall also be liable for any and all other damages Landlord suffers as a result of such holdover including, without limitation, the loss of a prospective tenant for such space. There shall be no renewal of this Lease by operation of law or otherwise. Nothing contained in this Article 26 Section shall be construed as a consent by Landlord to for any holding over by Tenant, and Landlord expressly reserves Tenant after the right to require Tenant to surrender possession expiration of the Premises to Landlord as provided in this Lease upon Term hereof, or any renewal term. Notwithstanding the expiration or other termination of this Lease. The provisions of this Article 26 foregoing, Tenant shall not be deemed liable to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. for consequential damages relating to Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender in the Premises upon the termination or expiration of this Lease if and only if (a) such holdover continues for thirty does not exceed sixty (3060) days after the expiration or termination of the TermTerm hereof, in addition to any other liabilities and (b) Tenant provides written notice to Landlord accruing therefromat least one hundred fifty (150) days prior to the scheduled expiration of the Term hereof that Tenant intends to holdover in the Premises for up to sixty (60) days. In the event Tenant provides such notice as set forth in the immediately preceding sentence, then Tenant shall protectbe liable to Landlord for holdover rent at the rate set forth in this paragraph for at least such sixty (60) day period, defend, indemnify and hold Landlord harmless from and against all claims resulting from such failure, including, without limiting the generality whether or not Tenant actually remains in occupancy of the foregoing, any claims made by any succeeding tenant founded upon Premises during such failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrenderentire sixty (60) day period.

Holding Over. Subtenant shall have no right to holdover. If Tenant holds over after Subtenant does not surrender and vacate the expiration Subleased Premises at the Expiration Date of this Sublease, Subtenant shall be a tenant at sufferance, or at the Lease Termsole election of Sublandlord, with a month to month tenancy, and the parties agree in either case that the reasonable rental value, if at sufferance, or without the express or implied consent of Landlord, such Rent if a month to month tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a the monthly rate equal to of one hundred fifty percent (150%) of the Monthly Base monthly Rent; provided however, if Subtenant’s holdover causes Sublandlord to be in holdover under the Master Lease, then the Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will shall be payable at the rate of 125% one hundred fifty percent (150%) of any and all Rent due to Master Landlord from Sublandlord under the holdover provisions of the Monthly Base Rent applicable Master Lease, including, but not limited to, operating expenses and property taxes due and payable during the last rental such holdover period of time. In connection with the Lease Term under this Lease). Such month-to-month tenancy foregoing, Sublandlord and Subtenant agree that the reasonable rental value of the Subleased Premises following the Expiration Date of the Sublease shall be subject to every other applicable term, covenant and agreement contained hereinthe amounts set forth above per month. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by TenantNotwithstanding the foregoing, and Landlord expressly reserves the right in addition 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. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any all other rights or and remedies on the part of Landlord provided herein or at law. Tenant acknowledges that Sublandlord if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant Subtenant fails to surrender the Subleased Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the TermSublease, in addition to any other liabilities to Landlord Sublandlord accruing therefrom, Tenant Subtenant shall protectindemnify, defend, indemnify defend and hold Landlord Sublandlord harmless from and against all claims Claims resulting from such failure, including, without limiting the generality of the foregoinglimitation, any claims made Claims by any succeeding tenant founded upon third parties based on such failure to surrender, surrender and any losses suffered by Landlord, including lost profits, profits to Sublandlord resulting from such failure to surrendertherefrom.

Holding Over. If Tenant holds over after the expiration of the Lease TermTerm or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base case, for the first sixty (60) days of such holdover by Tenant, Rent shall be payable at a monthly rate equal to one hundred twenty-five percent (125%) of the Rent applicable during the last rental period of the Lease Term under this Lease. Following the expiration of such 60-day period, Tenant shall pay Rent at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. For purposes of this Article 16, a holding over shall include, without limitation, (i) Tenant’s remaining in the Premises after the expiration or earlier termination of the Lease Term, as required pursuant to the terms of Section 8.5, above, to remove any Alterations or improvements located within the Premises (including, without limitation, the Tenant Improvements) and replace the same as requested by Landlord with building standard tenant improvements, or (ii) Tenant’s failure to remove items and restore the Premises as required in Article 15, above. Nothing contained in this Article 26 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if If Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the TermLease, 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 against all claims 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, surrender and any losses suffered by Landlord, including lost profits, profits to Landlord resulting from such failure therefrom. A termination or non-renewal of this Lease is not intended to surrenderbe and shall not be deemed to be a breach of the covenant of good faith and fair dealing.

Holding Over. If Tenant holds over after the expiration of the Lease Term, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. 23.1 Tenant acknowledges that if it is extremely important that Landlord have substantial advance notice of the date on which Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding will vacate the Premises, both because Landlord will require an extensive period to locate a replacement tenant and because Landlord will plan its entire leasing and renovation program for the Building in reliance on its lease expiration dates. Therefore, Tenant also acknowledges that if Tenant fails to surrender the Premises upon at the expiration or termination of the Lease Term, it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the amount of Annual rent and Additional Rent that would have been payable had the Lease Term continued during such holdover period. Therefore, in the event that Tenant shall not immediately surrender the Premises on the date of the expiration or expiration termination of the Lease Term, the rent payable by Tenant hereunder shall be increased to equal the greater of (i) fair market rent for the Premises or (ii) double the base rent, Additional Rent, and other sums that would have been payable pursuant to the terms of this Lease and if the Lease Term had continued during such holdover continues for thirty (30) days after period. Such greater amount shall be computed by Landlord on a monthly basis in Landlord's discretion and shall be payable by Tenant on the expiration first day of each month, from such expiration, or termination, until the Term, in addition to any other liabilities to Landlord accruing therefrom, Premises have been vacated by Tenant. Landlord's acceptance of such amounts from Tenant shall protect, defend, indemnify not in any manner impair or adversely affect Landlord's other rights and hold Landlord harmless from and against all claims resulting from such failureremedies hereunder, including, without limiting but not limited to, (i) its right to evict Tenant from the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrenderPremises, and any losses suffered by (ii) Landlord, including lost profits, resulting from 's right to recover damages pursuant to this Lease and such failure other damages as are available to surrenderLandlord at law or in equity.

Holding Over. If Tenant or Tenant’s Visitors holds over after possession of the Premises beyond the expiration or earlier termination of this Lease, such holding over will not be deemed to extend the Term or renew this Lease but such holding over will continue upon the terms, covenants and conditions of this Lease except that the charge for use and occupancy of the Lease Term, with Premises for each calendar month or without the express portion thereof that Tenant or implied consent of Landlord, such tenancy shall Tenant’s Visitors holds over will be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate liquidated sum equal to one-twelfth (1/12th) of the Applicable Holdover Percentage of the Basic Rent and Additional Rent during the twelve (12) month period preceding the expiration or earlier termination of this Lease. The “Applicable Holdover Percentage” means (i) one hundred fifty percent (150%) of the Monthly Base Basic Rent applicable during the last rental period and one hundred percent (100%) of the Lease Term under this Lease (provided that Additional Rent for the first month ninety (90) days following the Termination Date, and (ii) two hundred percent (200%) of both the Basic Rent and Additional Rent for all periods from and after the ninetieth (90th) day after the Termination Date. The parties recognize and agree that the damage to Landlord resulting from any holdoverfailure by Tenant or any assignee, Monthly Base subtenant or licensee of Tenant to timely surrender possession of the Premises will exceed the amount of the monthly Basic Rent and Additional Rent and will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term impossible to accurately measure. Without limiting Landlord’s other remedies under this Lease). Such month-to-month tenancy , EXHIBIT 10.57 if the Premises are not surrendered within sixty (60) days after the Termination Date, Tenant shall be subject to every other applicable termindemnify, covenant defend and agreement contained hereinhold harmless Landlord against any and all losses and liabilities resulting therefrom, including, without limitation, any claims founded upon such delay made by any succeeding tenant, provided that Landlord has notified Tenant that Landlord has executed a lease for all or any portion of the Premises. Nothing contained in this Article 26 shall Lease will be construed as a consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender 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 Landlord as provided in this Lease remove any assignee, subtenant or licensee of Tenant, or other party claiming rights to the Premises under or through Tenant upon the expiration or other earlier termination of this Leasethe Term. The provisions of this Article 26 shall not be deemed to limit 24 will survive the expiration or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the earlier termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrenderLease.

Holding Over. If 40.01. Tenant will have no right to remain in possession of all or part of 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 possession of the Premises is not surrendered to Landlord upon the expiration or termination of this Lease, in addition to any 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 this Lease, in addition to all Additional Rent otherwise required to be paid hereunder, (i) a sum equal to one hundred twenty five percent (125%) of the Lease Term, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Fixed Base Rent shall be which was payable at under this Lease during the last month of the Term for the first three (3) months of holdover; and (ii) a monthly rate sum equal to one hundred fifty percent (150%) of the Monthly Fixed Base Rent applicable which was payable under this Lease during the last rental period month of the Lease Term under this Lease thereafter. In addition, Tenant agrees to indemnify and save Landlord harmless from and against all claims, losses, damages, liabilities, costs and expenses (provided that for the first month of any holdoverincluding, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such month-to-month tenancy shall be subject without limitation, reasonable attorneys’ fees and disbursements) resulting from Tenant failing to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to so surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for within thirty (30) days after the expiration or termination of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims resulting from such failure, including, without limiting the generality of the foregoinglimitation, any claims made by any succeeding tenant founded upon on such failure delay exceeding thirty (30) days. Nothing herein contained shall be deemed to surrenderpermit 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 any losses suffered no acceptance by Landlord, including lost profits, resulting Landlord of payments from such failure Tenant after the expiration or termination of this Lease shall be deemed to surrenderbe 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 40 shall survive the expiration or termination of this Lease.

Holding Over. If Tenant holds over after the expiration of the Lease TermTerm or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, tenancy at sufferance and in such case Monthly Base Rent and Additional Rent shall be payable at a monthly per diem rate as follows: (i) during the first (1st) thirty (30) days of any such holding over period, Base Rent and Additional Rent shall be equal to (a) one hundred fifty twenty five percent (150125%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease), and (b) Additional Rent attributable to Direct Expenses; (ii) commencing on the thirty-first (31st) day of any such holdover period and continuing through and including the ninetieth (90th) day, Base Rent and Additional Rent shall be equal to (a) one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (b) Additional Rent attributable to Direct Expenses; and (iii) commencing on the ninety-first (91st) day of any such holdover period and continuing thereafter, Base Rent and Additional Rent shall be equal to (a) two hundred percent (200%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (b) Additional Rent attributable to Direct Expenses. Such month-to-month tenancy hold over shall be subject to every other applicable term, covenant and agreement contained herein. Notwithstanding the foregoing, the holdover rents described herein shall apply only to the portion of the Premises not surrendered by Tenant. Nothing contained in this Article 26 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if If Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the TermLease, in addition to any other liabilities to Landlord accruing therefrom, commencing on the fifteenth (15th) day following the expiration of the Lease Term, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys' fees) and against all claims 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 surrendersurrender and any lost profits to Landlord resulting therefrom. Notwithstanding anything to the contrary contained above in this Article 16, if during any holding over period described above, Tenant surrenders a portion of the Premises to Landlord in accordance with all of the terms and conditions contained in this Lease respecting surrender of the Premises to Landlord, and any losses suffered which portion of the Premises comprises one or more full floor of the Building, the hold over rents payable by Tenant shall not apply to such surrendered portion of the Premises (as determined on a per square foot basis) as of the date Tenant so tenders possession of the Premises to Landlord, including lost profits, resulting from such failure to surrender.

Holding Over. If Tenant holds over shall have no right to occupy the Leased Premises or any portion thereof after the expiration of the Lease Term, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for after any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period earlier termination of the Lease Term or of Tenant's right to possession. In the event that Tenant or any party claiming by, through or under this Lease (provided that for the first month of Tenant holds over, Landlord may exercise any holdover, Monthly Base Rent will be payable and all remedies available to it at the rate of 125% law or in equity to recover possession of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease)Leased Premises, and for all damages sustained by Landlord, whether direct or indirect, on account thereof. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to In connection with any holding over by Tenant, and Tenant acknowledges that Landlord expressly reserves bargained for both the right to require timely surrender by Tenant of the Leased Premises and the rights provided in this Section 17.2 and would not have executed this Lease without either or any of them. Additionally, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Leased Premises will be substantial in that Landlord's marketing efforts will be hindered and/or a prospective lease or sale may be lost and that such damages, will, for the reasons outlined above, exceed the amount of the monthly installments of Base Rent payable hereunder, and will be impossible to measure accurately. Therefore, Tenant agrees that, if possession of the Leased Premises is not surrendered to Landlord as provided in this Lease upon the expiration date or other earlier termination of this Lease. The provisions the Lease or of this Article 26 shall not be deemed Tenant's right to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consentpossession, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Termthen, in addition to any other liabilities to rights or remedies that Landlord accruing therefrommay have hereunder or at law, Tenant shall protectpay to Landlord, defendas minimum damages and not as a penalty or limitation on damages, indemnify for each and hold Landlord harmless from and against every month or partial month that Tenant or any party claiming by, through or under Tenant remains in occupancy of all claims resulting from such failure, including, without limiting the generality or any portion of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrender.Leased

Holding Over. If Tenant holds over retains possession of the Premises after the expiration or termination of the Lease TermTerm or Tenant's right to possession of the Premises, with or without the express or implied consent of Landlord, such tenancy Tenant shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly pay (i) Base Rent shall be payable during the first thirty (30) days of the holdover at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable in effect immediately preceding such holdover, and thereafter pay Base Rent during the last rental period holdover in an amount equal to two hundred percent (200%) of the Lease Term Base Rent in effect immediately preceding such holdover, plus (ii) Additional Rent and all other amounts otherwise payable under this the Lease (provided including, without limitation, Excess Expenses) computed on a per diem basis for each day that for Tenant remains in possession and Tenant shall perform all of its other obligations under the first month Lease. Tenant shall also pay, indemnify and defend Landlord from and against all claims and damages, consequential as well as direct, sustained by reason of any holdoverTenant's holding over, Monthly Base Rent will be payable at provided, however, that so long as Tenant pays the rate holdover rent described herein above, and the holdover terminates and Tenant vacates the Premises in the condition required by the Lease on or before the date which is the earlier of 125% sixty (60) days following the expiration of the Monthly Base Rent applicable during Term or the last rental period 40 47 termination of the Lease Term under this Lease). Such month-to-month tenancy Tenant's right of possession, Tenant shall have no liability to Landlord for consequential damages; otherwise, Tenant shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Leaseso liable. The provisions of this Article 26 Section do not waive Landlord's right of re-entry or right to regain possession by actions at law or in equity or any other rights hereunder, and any receipt of payment by Landlord shall not be deemed a consent by Landlord to limit Tenant's remaining in possession or constitute a waiver be construed as creating or renewing any Lease or right of any other rights or remedies of tenancy between Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrenderTenant.

Holding Over. If Tenant holds Should Tenant, without Landlord's written consent, hold over after the expiration termination of the Lease Termthis Lease, with Tenant shall, at Landlord's option, become either a tenant at sufferance or without the express or implied consent of Landlord, such tenancy shall be from a month-to-month only, tenant upon each and all of the terms herein provided as may be applicable to such a tenancy and any such holding over shall not constitute a renewal hereof or an extension for any further termof this Lease. During such holding over, and Tenant shall pay in such case Monthly Base Rent shall be payable advance, monthly, Basic Rental at a monthly rate equal to one hundred twenty five percent (125%) for the first (1st) month of such holdover and one hundred fifty percent (150%) for each month thereafter of the Monthly Base Rent applicable during rate in effect for the last rental period month of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such month-, in addition to-month tenancy shall , and not in lieu of, all other payments required to be subject made by Tenant hereunder including but not limited to every other applicable term, covenant and agreement contained hereinTenant's Proportionate Share of Direct Costs. Nothing contained in this Article 26 5 shall be construed as consent by Landlord to any holding over of the Premises by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other earlier termination of this Leasethe Term. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if If Tenant fails to surrender the Premises upon the expiration or termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefromLease, Tenant shall protectagrees to (i) indemnify, defend, indemnify defend and hold Landlord harmless from and against all claims resulting from such failurecosts, includingloss, expense or liability, including without limiting the generality of the foregoinglimitation, any claims made by any succeeding tenant founded upon such failure to surrenderand real estate brokers claims and attorney's fees and costs, and any losses suffered (ii) compensate Landlord for all costs, losses, expenses and/or liabilities incurred by LandlordLandlord as a result of such holdover, including lost profitswithout limitation, resulting from such failure losses due to surrenderthe loss of a succeeding tenancy.

Holding Over. If Tenant holds over after the expiration of the Lease Term, Term with or without the express or implied written consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to of one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, 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 shall not constitute a renewal hereof or an extension for any further term, and in such case daily damages in any action to recover possession of the Premises shall be calculated at a daily rate equal to the greater of (i) one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease (calculated on a per diem basis) or (ii) the fair market rental rate for the Premises as of the commencement of such holdover period. Nothing contained in this Article 26 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender vacate and deliver possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if 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 surrender vacate and deliver the Premises upon prior to the termination or expiration date that is the later of this Lease and if such holdover continues for (i) thirty (30) days after the termination or expiration of this Lease, and (ii) thirty (30) days after Landlord's notification to Tenant that Landlord has reached agreement with a third-party for occupancy of the TermPremises or any portion thereof, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 surrendervacate and deliver, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrendervacate 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. If Tenant holds over retains possession of the Leased Premises after the expiration or earlier termination of the this Lease Termwithout Landlord’s permission, with or without the express or implied consent of Landlord, such tenancy then Tenant shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable tenant at sufferance at a monthly rental rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that Rental Installments for the first month Leased Premises in effect upon the date of any holdoversuch expiration or earlier termination and otherwise upon the terms, Monthly Base Rent will be payable at the rate covenants and conditions herein specified, so far as applicable. Acceptance by Landlord of 125% rent after such expiration or earlier termination shall not result in a renewal of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease), nor shall such acceptance create a month-to-month tenancy. Such In the event a month-to-month tenancy is created by operation of law, either party shall have the right to terminate such month-to-month tenancy upon thirty (30) days’ prior written notice to the other, whether or not said notice is given on the rent paying date. Notwithstanding the foregoing, in the event Tenant provides Landlord with at least six (6) months’ prior written notice of its intent to holdover possession (a “Holdover Notice”), then Tenant shall have the right to holdover beyond the expiration of the Lease Term as to all of the Leased Premises for a period not to exceed three (3) months, as identified in the Holdover Notice; provided, however, that Tenant shall have no such right if, at the time of the delivery of the Holdover Notice, Landlord has entered into a lease with a replacement tenant for the Leased Premises and requires immediate possession of the Leased Premises upon the expiration of the Lease Term in order to deliver possession thereof to the replacement tenant in accordance with the terms of its lease, or has executed a term sheet or letter of intent for the leasing of the Leased Premises to a replacement tenant and requires immediate possession of the Leased Premises upon the expiration of the Lease Term in order to commence the construction of interior improvements therein for such replacement tenant. Any permitted holdover by Tenant pursuant to a Holdover Notice shall be subject at the rental rate last due in this Lease, plus Additional Rent, and shall otherwise be on the terms and conditions herein specified, so far as applicable; provided, however, that in no event [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. shall Tenant be permitted to every deliver an additional Holdover Notice nor shall any renewal or expansion option or other applicable term, covenant and agreement contained herein. Nothing similar right or option contained in this Article 26 Lease be deemed applicable to any such tenancy. Except as expressly set forth herein, this Section 2.04 shall be construed as in no way constitute a consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other earlier termination of this Lease. The provisions of this Article 26 shall not be deemed to , nor limit or constitute a waiver of any other rights or Landlord’s remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, in such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrenderevent.

Holding Over. If In the case of any holding over or possession by Tenant holds over after the expiration of the Lease Term, with or Expiration Date without the express or implied consent Approval of Landlord, such tenancy Tenant shall be a tenant from month to month and shall pay Landlord One Hundred Thousand and No/100 Dollars ($100,000.00) per month (or partial month-to-month only) as Base Rent. Further, if Tenant shall hold over beyond the Lease Expiration Date and any date for surrender of the Leased Premises set forth in Landlord’s written Notice demanding possession thereof given following the Lease Expiration Date, Tenant shall reimburse Landlord for all actual reasonable expenses and losses incurred by Landlord by reason of Landlord’s inability to deliver possession of the Leased Premises to a successor tenant free and clear of the possession of Tenant, together with interest on such expenses at the Default Rate from the date such expenses are incurred until reimbursed by Tenant, together with Landlord’s reasonable attorneys’ fees, charges and costs. The acceptance of Rent under this Section 22.3 by Landlord shall not constitute a renewal hereof or an extension for of the Term of this Lease or afford Tenant any further term, right to possession of the Leased Premises beyond any date through which such Rent shall have been paid by Tenant and in such case Monthly Base accepted by Landlord. Such Rent shall be payable at a monthly rate equal due to one hundred fifty percent (150%) of Landlord for the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdoversuch holding over, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such month-to-month tenancy shall be subject whether or not Landlord is seeking to every other applicable termevict Tenant; and, covenant and agreement contained herein. Nothing contained unless Landlord otherwise then agrees in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consentwriting, such holding over may compromise shall be, and shall be deemed and construed to be, without the Approval of Landlord, whether or otherwise affect Landlord's ability not Landlord has accepted any sum due pursuant to enter into new leases with prospective tenants regarding this Section 22.3. Notwithstanding anything to the Premises. Thereforecontrary contained in this Lease, if Tenant fails to shall hold over beyond the Lease Expiration Date or any date for surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the TermLeased Premises set forth in Landlord’s written Notice demanding possession thereof following the Lease Expiration Date, in addition to any other liabilities to Landlord accruing therefrom, such holding over by Tenant shall protect, defend, indemnify be an Event of Default and hold Landlord harmless from and against all claims resulting from such failure, including, without limiting shall be entitled to the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrenderremedies set forth in Section 24.2.1.

Holding Over. If Tenant holds over after the expiration of the Lease Term, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to pay Landlord one hundred fifty percent (150%) of the Monthly Base Rent applicable and one hundred percent (100%) of the Additional Rent payable under this Lease during the last rental period full month prior to the date of the Lease Term under this Lease (provided that for the first month expiration of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such month-to-month tenancy , prorated on a per diem basis, for each day Tenant shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender retain possession of the Premises to Landlord as provided in this Lease upon the or any part thereof after expiration or other earlier termination of this Lease, together with all damages sustained by Landlord on account thereof. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions of this Article 26 Lease until Tenant vacates the Premises) and Landlord shall not be deemed to limit or constitute a waiver of have the right at any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability time thereafter to enter into new leases with prospective tenants regarding and possess the PremisesPremises and remove all property and persons therefrom. ThereforeWithout limitation of the foregoing, if Tenant fails to surrender remains in possession of the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration or earlier termination of the Term, in addition to any other liabilities to Landlord accruing therefromthis Lease, Tenant shall protectindemnify, defend, indemnify defend and hold Landlord harmless from and against all claims resulting the following Claims incurred by or asserted against Landlord and arising from such failure, including, without limiting Tenant’s failure to timely surrender the generality Premises or any portion thereof: (i) the amount of any delayed delivery rent abatements and/or rent credits granted by Landlord to any successor tenant of the foregoingPremises or any portion thereof, and/or any claims made amounts payable by Landlord to any succeeding such successor tenant founded upon by reason of such successor tenant’s termination of its lease as a result of Landlord’s failure to timely deliver the Premises or any portion thereof by reason of such failure by Tenant to surrendertimely surrender the Premises, and any losses suffered by (ii) Landlord, ’s damages (including lost profitsrent) as a result of such successor tenant rescinding or terminating its lease of the Premises or any portion thereof, resulting from or any prospective successor tenant refusing to enter into the prospective lease of the Premises or any portion thereof, by reason of such failure by Tenant to surrendertimely surrender the Premises; provided, however, as a condition to Tenant’s obligations under the foregoing indemnity, Landlord shall give Tenant written notice of the existence of a successor tenant or prospective successor tenant for the Premises or any portion thereof, at least thirty (30) days prior to the date Landlord shall require Tenant’s surrender of the Premises, and Tenant shall not be responsible to Landlord under the foregoing indemnity if Tenant shall surrender the Premises on or prior to the expiration of such thirty (30) day period or, if later, the Expiration Date (it being agreed, however, that Landlord need not identify the successor tenant or prospective successor tenant by name in its notice, and it being further agreed that such notice may be given by Landlord prior to the Expiration Date).

Holding Over. If In the event of holding over by Tenant holds over after expiration or tars~lnatlon of this lease Nlthout the expiration of the Lease Term, with or without the express or implied pclor weltten consent of Landlord, such tenancy Tenant shall be from month-to-month onlypay, and shall not constitute a renewal hereof or an extension for any further termas liquidated damages, and in such case Monthly Base Rent shall be payable at a monthly rate equal to the amount of one hundred fifty percent (150%150X) of the Monthly Base Rent applicable during nonthly rental (Including all tase Rental and Tenant's Additlonal Rental) Nhich was due end peyable l~ediately pclor to the last rental period expiration or termination of this Lease, for the entire holdover period. Ro holdine over by Tenant after the term of this lease ahall be construed to extend the lease; In the event of eny unauthorized holding over, Tenant shall also Indemnify Landlord against all claims or de~agea by eny other tenant to whon Landlord a~ay have leased all or any part of the Lease Term under leased premises effective upon the termination of this Lease (provided that for lease. Any holding over with the first month prior consent of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such monthLandlord in writing shall thereafter constitute thla lease e leesx xxxm e;onth-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by without the prior consent of Landlord In writing shall create a temncy at sufferance relationship with Tenant. As used In this lease, the tera aMarket Base Rental Rate" shall _an the annual rental rates then being charged in the "North Belt" area of Houston, Texas, for space comparable to the space for which the Market Base Rental Rate is being determined (taking Into consideration age, Improvements ptovided quality and location of the applicable building, rental concessions tsuch a; abatements or lease assurptlonsi, and Landlord expressly reserves the right tl_ the particular rate under consideration became effective). It Is agreed that bona fide Nritten offers to require Tenant to surrender possession of lease the Premises relevant space nade to Landlord by third parties (at arm's-length) nay be used by Landlord as provided in this Lease upon the expiration or other termination an Indlcatlon of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrenderMarket Base Rental Rate.

Holding Over. If Tenant holds over after fails to vacate and surrender occupancy of the Leased Premises upon the expiration or earlier termination of the Lease TermTerm in accordance with the terms of this Lease, with or without the express or implied consent of Landlord, such tenancy Tenant’s occupancy shall be from month-to-month only, and shall not constitute deemed a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable tenancy at sufferance at a monthly rental rate equal to of one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be previously payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease), per diem. Such month-to-month tenancy If Tenant becomes a tenant at sufferance pursuant to the foregoing, Tenant shall be subject vacate the Leased Premises immediately at any time upon Landlord’s demand and, provided that Landlord has delivered written notice to every other applicable termTenant that Landlord has entered into a lease with a third party for all or any portion of the Leased Premises that Tenant continues to occupy, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by then after a period of twenty (20) days of Tenant, and Landlord expressly reserves the right to require Tenant to surrender ’s continued possession of the Premises to Leased Premises, Tenant shall also indemnify Landlord against all claims for damages against Landlord as provided in this Lease upon a result of Tenant’s possession of the Leased Premises, including, without limitation, claims for damages by such third party tenant to whom Landlord leased the Leased Premises, or any portion thereof, for a term commencing after the expiration or other termination of this Lease. The provisions of Notwithstanding anything in this Article 26 Lease to the contrary, provided Tenant shall provide Landlord with not be deemed less than nine (9) month’s prior written notice and Tenant is not in Default under this Lease at the time it provides such notice to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. the then-current expiration date of the Lease Term, Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability shall have the right to enter into new leases with prospective tenants regarding remain in the Premises. Therefore, if Tenant fails to surrender the Leased Premises upon the termination or expiration for a period of this Lease and if such holdover continues for thirty six (306) days months after the expiration of the then-current Lease Term subject to payment of monthly Rent (excluding any holdover premium) for each month of such occupancy at the rate applicable to the last month of the Lease Term, in addition together with all Additional Rent and other sums payable during such period of occupancy; provided, further, during such period of occupancy, Landlord shall have no right to any other liabilities to Landlord accruing therefrom, evict Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims resulting from such failure, including, without limiting the generality Leased Premises or otherwise obtain occupancy of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrenderLeased Premises provided that Tenant is not in Default under this Lease.

Holding Over. If Tenant holds over after the expiration of the Lease Term, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to pay Landlord one hundred fifty percent (150%) of the Monthly Base Rent applicable and Additional Rent payable under this Lease during the last rental period full month prior to the date of the Lease Term under this Lease (provided that for the first month expiration of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such month-to-month tenancy , prorated on a per diem basis, for each day Tenant shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender retain possession of the Premises to Landlord as provided in this Lease upon the or any part thereof after expiration or other earlier termination of this Lease, together with all damages sustained by Landlord on account thereof. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions of this Article 26 Lease until Tenant vacates the Premises) and Landlord shall not be deemed to limit or constitute a waiver of have the right at any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability time thereafter to enter into new leases with prospective tenants regarding and possess the PremisesPremises and remove all property and persons therefrom. ThereforeWithout limitation of the foregoing, if Tenant fails to surrender remains in possession of the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty more than fifteen (3015) days after the expiration or earlier termination of the Term, in addition to any other liabilities to Landlord accruing therefromthis Lease, Tenant shall protectindemnify, defend, indemnify defend and hold Landlord harmless from and against all claims resulting Claims incurred by or asserted against Landlord and arising directly or indirectly from such failureTenant's failure to timely surrender the Premises or any portion thereof, includingincluding but not limited to (i) any rent payable by or any loss, without limiting the generality cost, or damages (including lost business and profits), claimed by any prospective tenant of the foregoingPremises or any portion thereof, and (ii) Landlord's damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of the Premises or any claims made portion thereof by any succeeding tenant founded upon reason of such failure to surrendertimely surrender the Premises; provided, however, as a condition to Tenant's indemnification obligations under this paragraph, Landlord shall give Tenant written notice of the existence of a prospective successor tenant for the Premises or any portion thereof, or the existence of any other matter which might give rise to a claim by Landlord under the foregoing indemnity, at least fifteen (15) days prior to the date Landlord shall require Tenant's surrender of the Premises, and any losses suffered Tenant shall not be responsible to Landlord under the foregoing indemnity if Tenant shall surrender the Premises on or prior to the expiration of such fifteen (15) day period (it being agreed, however, that Landlord need not identify the prospective tenant by Landlordname in its notice, and it being further agreed that such notice may be given prior to the scheduled expiration date of this Lease); and provided, further, however, that Tenant's indemnification obligations under this paragraph shall not apply with respect to claims or damages in connection with a prospective tenant unless Landlord shall have entered into a letter of intent with such prospective tenant, or exchanged an offer and counteroffer (including lost profits, resulting from in the form oflease drafts) with such failure to surrenderprospective tenant.

Holding Over. If Tenant holds over retains possession of the Property or any part thereof after the expiration end of the Lease TermTerm or termination of Tenant's right to possession of the Property (it being agreed that Tenant's failure to timely remove all Tenant's Property and all the Required Removables from the Property shall also be considered a retention of the Property by Tenant), with or without the express or implied consent then such retention of Landlord, such tenancy possession shall be from considered a tenancy "at will" or "sufferance" (and not a month-to-month onlytenancy), and Tenant shall not constitute a renewal hereof or pay Rent for such holding over in an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate amount equal to the sum of (a) one hundred fifty percent (150%) of the Monthly Base monthly Rent applicable during the last rental period in effect immediately preceding such holding over computed on a monthly basis for each of the Lease Term under this Lease first two (provided 2) months or partial months that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% Tenant remains in possession; plus (b) two hundred percent (200%) of the Monthly Base monthly Rent applicable during in effect immediately preceding such holding over computed on a monthly basis for each month or partial month that Tenant remains in possession after such first two (2) months or partial months. In addition to the last rental period payment of the Lease Term under this Lease). Such month-to-month tenancy shall be subject amounts provided above, if Landlord is unable to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender timely deliver possession of the Premises Property to a third party as a result of Tenant's holdover then Tenant shall be liable to Landlord as provided for all damages including, but not limited to, consequential damages that Landlord suffers 177305.3 050137-31403 6/26/03 Form Retail Lease Agreement 2001.12 from the holdover. In addition, at any time while Tenant remains in possession, Landlord may elect instead, by written notice to Tenant and not otherwise, to have such retention of possession constitute an extension of this Lease upon for one (1) year at the expiration greater of (1) the fair market rent for the Property as reasonably determined by Landlord, or other termination (2) one hundred twenty percent (120%) of this Leasethe Rent during the previous year. The provisions of this Article 26 Section do not waive Landlord's right of re-entry or right to regain possession by actions at Law or in equity or any other rights hereunder, and any receipt of payment by Landlord shall not be deemed a consent by Landlord to limit Tenant's remaining in possession or constitute a waiver be construed as creating or renewing any lease or right of any other rights or remedies of tenancy between Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrenderTenant.

Holding Over. If Tenant holds over after the expiration of the Lease TermTerm or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if If Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for within thirty (30) days after Landlord notifies Tenant that Landlord has entered into a lease for the expiration of Premises or has received a bona fide offer to lease the TermPremises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, 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 against all claims 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, surrender and any losses suffered by Landlordlost profits to Landlord resulting therefrom. (38) Mountain View Research ParkNeuropace, including lost profits, resulting from such failure to surrender.Inc.

Holding Over. If Tenant holds over after shall retain possession of the Project or any portion thereof without Landlord's consent following the expiration of the Lease Termor sooner termination for any reason, with or without the express or implied consent of then Tenant shall pay to Landlord, in addition to other amounts due and owing by Tenant under this Lease (calculated as if the Lease Term were extended for the holdover period), for each day of such tenancy retention triple the amount of the Scheduled Base Rent (prorated on a daily basis) for the first month prior to the date of expiration or termination; provided, however, upon not less than one hundred twenty (120) days written notice from Tenant, and so long as no Material Default has occurred and is continuing, Tenant may request that Tenant retain possession of the Project for either one (1) or two (2) months following the expiration or termination of the Lease Term for the sole purpose of completing the removal of the Subject Alterations in a manner consistent with the Demolition Memo, and the Scheduled Base Rent monthly rental for each month in such one (1) or two (2) month period shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred and fifty percent (150%) of the Monthly Scheduled Base Rent applicable during for the last rental period month ending immediately prior to the expiration or termination of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawTerm. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, also indemnify and hold Landlord harmless from and against all claims any loss or liability resulting from such failure, delay by Tenant in surrendering the Project including, without limiting the generality of the foregoinglimitation, any claims made by any succeeding tenant founded on such delay (which indemnity amount shall be reduced by the amount by which holdover Scheduled Base Rent under this ARTICLE 15 which is paid by Tenant exceeds the product of (a) Scheduled Base Rent for the month ending immediately prior to such holdover period, times (b) the number of months in such holdover period. Alternatively, if Landlord gives notice of Xxxxxxxx's consent to Xxxxxx's holding over, such holding over shall constitute renewal of the Lease on a month-to-month basis, requiring payment of Scheduled Base Rent at the rate provided in this ARTICLE 15 and on the other terms and conditions of this Lease. Acceptance of Rent by Landlord following expiration or termination shall not constitute a renewal of this Lease, and nothing contained in this paragraph shall waive Landlord's right of reentry or any other right. Unless Landlord exercises the option hereby given to it, Tenant shall be only a tenant at sufferance, whether or not Landlord accepts any Rent from Tenant while Tenant is holding over without Xxxxxxxx's written consent. Additionally, in the event that upon termination of the Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Project or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such failure to surrenderobligations as it deems necessary at Tenant's sole cost and expense, and any losses suffered time required by LandlordLandlord to complete such obligations shall be considered a period of holding over and the terms of this ARTICLE 15 shall apply; provided, including lost profitshowever, resulting from that with respect to Scheduled Base Rent for such failure additional holdover period, Tenant shall be credited in full for any Scheduled Base Rent received by Landlord as damages under the provisions of ARTICLE 16 of this Lease which relate to surrendersuch additional holdover period.

Holding Over. If In the event Tenant holds over or any party under Tenant claiming rights to this Lease, retains possession of the Premises after the expiration or earlier termination of this Lease, such possession shall constitute and be construed as a tenancy at will only, subject, however, to all of the Lease Termterms, with or without provisions, covenants and agreements on the express or implied consent part of Landlord, Tenant hereunder; such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such month-to-month tenancy parties shall be subject to every other applicable termimmediate eviction and removal and Tenant or any such party shall pay Landlord as rent for the period of such holdover (on a per month basis without reduction for any partial months during any 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, covenant as applicable. Tenant shall also pay any and agreement contained hereinall direct damages sustained by Landlord as a result of such holdover. Nothing contained in this Article 26 However, Tenant shall not be construed liable to Landlord for any direct damages sustained by Landlord as consent a result of the termination of a subsequent lease of the Premises, or any part thereof, for penalties resulting from the inability to timely deliver the Premises or any portion thereof under a subsequent lease as a result of Tenant’s holdover (such damages, “Holdover Damages”) unless (i) Landlord gives written notice (the “Vacancy Notice”) to Tenant after the date Tenant’s right to renew the Lease pursuant to Rider 1 has occurred stating (x) that Landlord has entered into a letter of intent, letter or memorandum of understanding or another similar instrument with a proposed tenant or a third party has accepted a proposal made by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession lease all or part of the Premises and (y) the date Landlord requires Tenant to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender vacate the Premises upon (the termination or expiration “Vacancy Date”), which date shall be the later of this Lease and if such holdover continues for thirty (30) days after Tenant’s receipt of the Vacancy Notice and the expiration date of this Lease, and (ii) Tenant fails to vacate the Term, in addition to any other liabilities Premises on or before the 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 therefromduring such month shall be paid in accordance with the provisions of Article 2. Upon the expiration or earlier termination of this Lease, 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, whether with or without consent of Landlord, shall protectoperate to extend the Term of this Lease; no payments of money by Tenant to Landlord after the expiration or earlier termination of this Lease shall reinstate, defend, indemnify continue or extend the Term of this Lease; and hold no extension of this Lease after the expiration or earlier termination thereof shall be valid unless and until the same shall be reduced to writing and signed by both Landlord harmless from and against all claims resulting from such failure, including, without limiting Tenant. Tenant agrees that Landlord shall be entitled to the generality payment of its reasonable legal fees in the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender, and any losses suffered event that Landlord prevails in a forcible detainer action brought by Landlord, including lost profits, resulting from such failure to surrender.

Holding Over. If Tenant holds over or anyone claiming by, through or under Tenant shall remain in possession of all or any part of the Premises (which shall include Tenant’s failure to comply with Section 5.5(e) of this Lease or a failure by Tenant to remove any Tenant’s Removable Property or Alterations as required under this Lease) after the expiration or earlier termination of the Lease Term, with or without the express or implied consent Term of Landlordthis Lease, such tenancy holding over shall be from month-to-month onlytreated as a daily tenancy at sufferance at a Basic Rent equal to the greater of (i) the fair market rental rate for the Premises based upon the most recent comparable transactions for the Building and in transactions for comparable space on the same floor or above in Comparable Buildings, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to (ii) (y) one hundred fifty percent (150%) of the Monthly Base Basic Rent applicable during in effect for the last rental period of the Lease Term under this Lease (provided that for the first month thirty (30) days of any Tenant’s holdover, Monthly Base Rent will be payable at the rate of 125% then (z) two hundred percent (200%) of the Monthly Base Basic Rent applicable during in effect for the last rental period of the Lease Term under this Lease). Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves for the right to require Tenant to surrender possession of period following the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for first thirty (30) days after the expiration of the TermTenant’s holdover, in all events plus Expense Charges and other Additional Rent herein provided (prorated on a daily basis). If any such holding over continues for more than thirty (30) days, then, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs and against all claims resulting from damages, direct and/or indirect, sustained by reason of any such failureholding over, including, without limiting the generality of the foregoinglimitation, any claims made by and loss of any succeeding tenant founded upon arising out of such failure to surrendertimely surrender possession in the condition required under this Lease. In all other respects, such holding over shall be on the terms and conditions set forth in this Lease as far as applicable (and excluding any extension, expansion or rights of first offer of tenant) in the Lease. Nothing contained in this Article 12 shall be construed as a consent by Landlord to any holding over by Tenant, and Landlord shall have the right to immediately terminate such holding over pursuant to applicable Law. The provisions of this Article 12 shall not be deemed to limit or constitute a waiver of any losses suffered by Landlord, including lost profits, resulting from such failure to surrenderother rights or remedies of Landlord provided herein or at law.

Holding Over. If Tenant holds provides Landlord with written notice ("HOLDOVER NOTICE") at least thirty (30) days prior to expiration of the Lease Term (or any applicable Extension Term) that Tenant will be holding over in the Premises, Tenant shall have the right (and, subject to the grace periods described below, the obligation) to hold over after the expiration of the Lease Term until the date ("HOLDOVER NOTICE DATE") specified in such Holdover Notice (but not in excess of one hundred twenty (120) days after the expiration of the Lease Term or applicable Extension Term). Any holdover tenancy (including without limitation, with or without the express or implied consent of Landlord, such any holdover tenancy pursuant to a Holdover Notice) shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further subject to every applicable term, covenant and in such case Monthly agreement contained herein, except that the Base Rent payable by Tenant for the Premises (irrespective of the amount of space Tenant continues to occupy in the Building) shall be payable at a monthly rate escalated to equal to one hundred ten percent (110%) of the then current Base Rent and Direct Expenses payments for the entire Premises for the first ninety (90) days of such holdover occupancy and one hundred twenty-five percent (125%) of such amount during the next succeeding ninety (90) days and from and after such one hundred eighty (180) day period, Rent shall equal one hundred fifty percent (150%) of such amount thereafter; provided, however, subject to the Monthly Base next sentence of this Article 16, such holdover Rent applicable during and Additional Rent shall be prorated on a per diem basis through and including the last rental date ("ACTUAL SURRENDER DATE") Tenant actually vacates and surrenders the Premises to Landlord in the condition required under this Lease. If Tenant properly delivers the Holdover Notice and the Actual Surrender Date (a) is earlier than the Holdover Notice Date by forty-five (45) days or less, Tenant's obligation to pay such holdover Rent and Additional Rent shall terminate on a per diem basis as of the Actual Surrender Date, however if the Actual Surrender Date is earlier than forty-five (45) days prior to the Holdover Notice Date, Tenant's holdover Rent and Additional Rent shall cease as of the date which is forty-five (45) days prior to the PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Holdover Notice Date, or (b) is later than the Holdover Notice Date, Tenant's obligation to pay holdover Rent and Additional Rent shall cease as of the Actual Surrender Date, provided that Tenant shall have no right to holdover beyond the earlier to occur of fifteen (15) days after the Holdover Notice Date or the expiration of the one hundred twenty (120) period specified in the first sentence of this Article 16 above. By way of example only, and not as a limitation upon the foregoing, if the Holdover Notice indicates that the Holdover Notice Date is ninety (90) days after the expiration of the Lease Term under this Lease or applicable Extension Term, Tenant shall be permitted to holdover until the date which is one hundred five (provided that for 105) days after the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period expiration of the Lease Term under this Lease). Such month-to-month tenancy or applicable Extension Term and Tenant's obligation to pay holdover Rent and Additional Rent shall be subject to every other prorated on a per diem basis until the later of the forty-fifth (45th) day after the expiration of the Lease Term or applicable term, covenant and agreement contained hereinExtension Term or the Actual Surrender Date. Nothing contained in this Article 26 16 shall be construed as consent by Landlord to any holding over by TenantTenant (except as expressly provided in this Article 16 above), and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration of the Lease Term (or other termination of this Leasethe period specified in clause 16(b) above, as applicable). The provisions of this Article 26 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if If Tenant fails to surrender the Premises upon within the termination or expiration of period specified in this Lease and if such holdover continues for thirty (30) days after the expiration of the TermArticle 16 above, 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 against all claims 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, surrender (including such tenant's lost profits) and any losses suffered by Landlordlost profits to Landlord resulting therefrom, including lost profits, resulting from such failure to surrenderprovided Landlord promptly notified Tenant in writing of any lease or signed letter of intent for all or any portion of the Premises.

Holding Over. If In the absence of a written agreement executed by Landlord expressly recognizing that such agreement shall prevail over the provisions contained in this Article 29, in the event of holding over by Tenant holds after expiration or other termination of this Lease or in the event Tenant continues to occupy the Premises after the termination of Tenant's right of possession pursuant to Articles 22 and 23 hereof, 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, be subject to all the terms and provisions of this Lease and shall pay for its use and occupancy an amount equal to one hundred twenty-five percent (125%) of the Base Rental due for the period immediately preceding such holding over, plus any Additional Base Rental due hereunder. No holding over by Tenant or payments of money by Tenant to Landlord after the expiration of the term of this Lease Termshall be construed to extend the Lease Term or prevent Landlord from recovery of immediate possession of the Premises by summary proceedings or otherwise; provided, with however, that Landlord shall not unreasonably withhold its consent to a holdover tenancy not to exceed ninety (90) days; provided, however that Landlord shall not be required to consent to any holdover in the event that such holdover impairs Landlord's ability to tender all or any substantial (i.e. more than one-fourth) portion of the Premises under a replacement lease. In addition to the obligation to pay the amounts set forth above during a holdover period, in the event Tenant holds over without the express or implied prior written consent of from Landlord, such tenancy the Tenant also shall be from month-to-month only, and shall liable to Landlord for all actual (but not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%consequential) damage which Landlord may suffer by reason of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Tenant shall indemnify Landlord expressly reserves the right to require Tenant to surrender 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 Landlord as provided in this Lease upon the expiration such other tenant or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrendertenant.

Holding Over. If Tenant holds over after the expiration of the Lease TermTerm or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-month- to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base monthly Rent applicable during the last rental period of the Lease Term under this Lease), and (ii) a percentage equal to one hundred twenty-five percent (125%) for the first three (3) months following the expiration or earlier termination of the Lease Term and one hundred fifty percent (150%) thereafter. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if If Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the TermLease, 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 against all claims 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 surrendersurrender and any lost profits to Landlord resulting therefrom; provided, however, upon entering into a third-party lease which affects all or any portion of the Premises, Landlord shall deliver written notice (the “New Lease Notice”) of such lease to Tenant and the terms of the foregoing indemnity shall not be effective until the later of (i) the date that occurs thirty (30) days following the date Landlord delivers such New Lease Notice to Tenant, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrender(ii) the date which occurs thirty (30) days after the termination or expiration of this Lease.

Holding Over. If Tenant holds over after (or any person holding under or through Tenant) fails to vacate and surrender the expiration of the Lease Term, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Demised Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises required hereunder upon the termination or expiration of this Lease and if the Term, such holdover continues holding over shall be, except as Landlord may elect pursuant to the next sentence, as a tenant at sufferance (requiring 30 days’ notice of termination by either party to the other) at a monthly fixed rent (“Holdover Rent”) equal to (i) 125% (for the first thirty (30) days after of any such holdover), (ii) 150% (for the next thirty (30) days of any such holdover), and (iii) thereafter, 200% of the greater of the Yearly Fixed Rent due hereunder for the last month of the Term or the rent being quoted by Landlord for comparable space in the Building at the time of the termination or expiration of the Term, and otherwise subject to all the covenants and conditions (including obligations to pay Additional Rent under Sections 6.2 and 6.3) of this Lease as though it had originally been a monthly tenancy. Notwithstanding the foregoing, if Landlord desires to regain possession of the Demised Premises promptly after the termination or expiration hereof and prior to acceptance of rent for any period thereafter, Landlord may, at its option, forthwith re-enter and take possession of the Demised Premises or any part thereof without process or by any legal process in addition force in The Commonwealth of Massachusetts. Notwithstanding the establishment of any holdover tenancy following the expiration or earlier termination of the Term, if Tenant fails promptly to any other liabilities to Landlord accruing therefromvacate the Demised Premises at the expiration or earlier termination of the Term, Tenant shall protect, defend, indemnify and hold save Landlord harmless from and indemnified against any claim, loss, cost or expense (including reasonable attorneys’ fees) arising out of Tenant’s failure promptly to vacate the Demised Premises (or any portion thereof) and upon demand pay to Landlord any damages or loss incurred by Landlord as a result of any delayed or terminated lease of all claims resulting from such failure, including, without limiting the generality or part of the foregoingPremises by another party. EXHIBIT G REQUESTING OVERTIME HVAC General Information: Overtime HVAC is defined as heating or cooling after Business Hours. Business Hours for Riverfront Office Park are Monday through Friday 8AM to 6PM and Saturday 8AM to 12PM, any claims made by any succeeding tenant founded upon such failure to surrenderCommonwealth of Massachusetts holidays excluded. A list of Tenant-authorized requestors shall be on file at the Management Office, and any losses suffered by Landlord, including lost profits, resulting from such failure Security Lobby Desk. It is the responsibility of the Tenant to surrender.maintain a current list and submit that list to Hines Management. Hines has provided a Heat Pump Location guide that should be distributed to each Tenant-approved requestor. Requestors should be prepared to reference this location guide when making a request for overtime HVAC. Additional copies of this map may be obtained through the Management Office. Procedures for making a request: DURING BUSINESS HOURS

Holding Over. If Tenant holds over remains in possession of all or any part of the Demised Premises after the expiration Expiration Date, then such holding over shall be a tenancy at sufferance, for the entire Demised Premises, subject to the terms and conditions of the Lease TermLease, with except that Tenant shall pay monthly installments of Base Rent (determined on a per month basis without reduction for partial months during the holdover) equal to 200% of the monthly installment of Base Rent in effect immediately prior to such holding. This Section shall not be construed as Landlord’s permission for Tenant to holdover. Acceptance of rent by Landlord following expiration or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and termination shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period Term or prevent Landlord from immediate recovery of possession of the Demised Premises by summary proceedings or otherwise. Notwithstanding any provision in this Lease Term to the contrary, any holdover by Tenant shall constitute an event of default on the part of Tenant under this Lease (provided that for the first month of entitling Landlord to exercise, without obligation to provide Tenant any holdovernotice or cure period, Monthly Base Rent will be payable at the rate of 125% all of the Monthly Base Rent applicable during remedies available to Landlord in the last rental period case of an event of default by Tenant. If Tenant remains in possession of all or any part of the Lease Term under this Lease). Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Demised Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the TermExpiration Date, in addition to any other liabilities to Landlord accruing therefrom, then Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims losses (including, without limitation, consequential damages) resulting from such failureor arising out of Tenant’s failure to surrender the Demised Premises, including, without limiting but not limited to, any amounts required to be paid to any tenant or prospective tenant who was to have occupied the generality Demised Premises after the Expiration Date and any related attorneys’ fees and brokerage commissions. By way of clarification and not limitation, the performance of Tenant’s obligations under the fourth (4th) grammatical paragraph of Section 16(d) of the foregoingOriginal Lease, as amended by this Amendment, following the end of the term of this Lease shall not constitute Tenant’s remaining in possession of all or any claims made part of the Demised Premises, shall not be deemed a holdover by any succeeding tenant founded upon such failure to surrenderTenant, and any losses suffered by Landlord, including lost profits, resulting from such failure shall not be subject to surrenderthe terms of this Section 13.

Holding Over. If Tenant holds over possesses the Premises after the expiration of Term expires or is otherwise terminated without executing a new lease but with Landlord’s written consent, Tenant is deemed to be occupying the Lease Term, with or without the express or implied consent of Landlord, such tenancy shall be Premises as a tenant from month-to-month, subject to all provisions, conditions and obligations of this Lease applicable to a month-to-month onlytenancy, except that (a) Basic Rent will equal the greater 50 of Basic Rent payable by Tenant in the last Lease Year of the Term or Landlord’s then current basic rent for the Premises according to Landlord’s rental rate schedule for prospective tenants, and shall not constitute a renewal hereof (b) either Landlord or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of Tenant may terminate the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such month-to-month tenancy shall at any time upon 30 days prior written notice to the other party. If Tenant possesses the Premises after the Term expires or is otherwise terminated without executing a new lease and without Landlord’s written consent, Tenant is deemed to be occupying the Premises without claim of right (but subject to every other applicable termall terms and conditions of this Lease) and, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord addition to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant ’s liability for failing to surrender possession of the Premises to Landlord as provided in Section 16.1, Tenant will pay Landlord a charge for each day of occupancy after expiration of the Term in an amount equal to 150% of Tenant’s then existing Rent. Notwithstanding anything in this Section 16.2 to the contrary, upon twelve (12) months prior written notice (“Tenant’s Holdover Notice”) to Landlord, Tenant will be permitted to remain in possession of the Premises after expiration of the initial Term or any Renewal Term of this Lease upon (and the expiration or other termination Term of the Lease shall be deemed to be so extended), and without the execution of a new lease, subject to all the provisions, conditions, and obligations of this Lease. The provisions , except that (a) the Basic Rent will be escalated to one hundred twenty-five percent (125%) of this Article 26 shall not be deemed to limit or constitute a waiver the Basic Rent in effect during the last Lease Year of any other rights or remedies the applicable term, and (b) the holdover term during which Tenant may remain in possession of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if will be a term, not to exceed six (6) months, as such holdover continues for thirty (30) days after the expiration term will be stated in Tenant’s Holdover Notice. Time is of the Term, in addition essence with respect to any other liabilities the period during which Tenant must deliver Tenant’s Holdover Notice and to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims resulting from such failure, including, without limiting the generality term of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrenderTenant’s holdover.

Holding Over. Tenant shall have the right (the “Hold Over Right”) to hold over possession of the Premises after the expiration (but not the earlier termination) of the Term for six (6) consecutive one (1)-month periods, upon the same terms and conditions set forth in this Lease (except that Tenant shall have no right to extend the Term pursuant to Section 4 above), provided that such right shall automatically terminate as of the date Landlord delivers written notice (the “New Lease Notice”) to Tenant that Landlord has executed a Lease with a new tenant for the Premises or a portion thereof. If Landlord delivers a New Lease Notice, the Tenant’s tenancy pursuant to the Hold Over Right shall expire and terminate on the date that is thirty (30) days after delivery of the New Lease Notice, and all of Tenant’s surrender obligations as to the Premises must be completed by such date. Except pursuant to the Hold Over Right, if Tenant holds over after the expiration of the Term or after the effective date of termination based on the New Lease Term, with or without the express or implied consent of LandlordNotice, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to the product of (i) the Base Rent applicable during the last full month of the Term, and (ii) a percentage equal to one hundred fifty percent (150%) ). No hold over by Tenant or payment by Tenant after the expiration or early termination of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by to extend the Term or prevent Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender from immediate recovery of possession of the Premises to Landlord as provided in this Lease upon the expiration by summary proceedings or other termination of this Leaseotherwise. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that In addition, if Tenant Txxxxx holds over without Landlord's consentother than pursuant to the Hold Over Right, such Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Txxxxx’s holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Thereforeover, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease including consequential damages, and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, reasonable and against all claims actual costs (including reasonable attorneys’ fees) and liability resulting from such failurehold over, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender, surrender and any losses suffered by Landlord, including lost profits, profits to Landlord resulting from such failure to surrendertherefrom.

Holding Over. If a Tenant holds over Party fails to vacate the Premises after the expiration Expiration Date or earlier termination of this Lease, then a Tenant Party's 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 following thirty (30) days’ prior written notice; Tenant or any 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 of the daily Base Rent plus one hundred percent of the Additional Rent, both payable during the last month of the Term. Tenant's unauthorzied possession of the Premises after the Expiration Date or earlier termination of this Lease Termshall constitute an Event of Default under Section 19.5 herein, except that the notice and cure period shall be thirty (30) days. 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 express or implied consent of Landlord), such tenancy and no payments of money by Tenant to Landlord after the end of the Term, shall operate to reinstate, continue or extend the Term, and no extension of this Term shall be from month-to-month only, valid unless evidenced by a writing signed by both Landlord and shall not constitute a renewal hereof Tenant. No payments of money by Tenant (other than the holdover rent accruing during such holdover period paid in accordance with the provisions of this Section 17) to Landlord after the Expiration Date or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) earlier termination of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for shall constitute full payment of Rent under the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination terms of this Lease. The provisions of this Article 26 Tenant shall not be deemed to limit or constitute liable for all damages resulting from a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without LandlordParty's consent, such unauthorized holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding beyond the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for above-referenced thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify day notice and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrendercure period.

Holding Over. If 12.1 Tenant holds over after the expiration acknowledges and agrees that it is extremely important that Landlord have substantial advance notice of the Lease Termdate on which Tenant will vacate the Premises, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, because Landlord will (a) require an extensive period to locate a replacement tenant and shall not constitute a renewal hereof or an extension for any further term, (b) plan its entire leasing and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that renovation program for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained Building in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the reliance on its lease expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawdates. Tenant also acknowledges and agrees that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises at the expiration or earlier termination of the Lease Term, then it will be presumed conclusively that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Base Rent and additional rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant does not surrender the Premises immediately upon the expiration or earlier termination or expiration of the Lease Term, then the rent shall be increased, for the first three (3) months of the holdover period, to an amount equal to one and one-half times the Base Rent, additional rent and other sums that would have been payable pursuant to the provisions of this Lease and if the Lease Term had continued during such holdover period and, if the holdover period continues thereafter, to an amount equal to the greater of (1) one and one-half times the fair market rent for thirty the Premises, or (302) days after one and one-half times the expiration Base Rent, additional rent and other sums that would have been payable pursuant to the provisions of this Lease if the TermLease Term had continued during such holdover period. Such 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 affect adversely in any manner Landlord's other rights and remedies, in addition including Landlord's right to any other liabilities evict Tenant and to Landlord accruing therefrom, recover damages. Tenant shall protect, defend, indemnify and agrees to hold Landlord harmless from and against all loss and damages, direct and consequential, that Landlord might suffer or incur in connection with claims resulting from such failureby other parties against Landlord arising out of the holding over by Tenant, including, without limiting the generality limitation, attorneys' fees that might be incurred by Landlord in defense of the foregoingsuch claims. Except as otherwise specifically provided in this Article, any claims made by any succeeding tenant founded upon all terms of this Lease shall remain in full force and effect during such failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrenderholdover period.

Holding Over. If Tenant holds over may remain in possession of the Premises after the expiration Expiration Date of this Lease for a period of up to three months on the same terms and conditions under the Lease as exist on the Expiration Date (except that Base Rental and Additional Rental for such holdover month shall be increased to one hundred twenty-five percent (125%) of the Base Rental and Additional Rental in effect immediately prior to the Expiration Date), so long as Tenant provides Landlord written notice of such holdover at least six (6) months prior to the Expiration Date. Such notification from Tenant shall have the effect of extending the term of the Lease for the period set forth in the notification, subject to the aforesaid three (3) month limitation; if no length of the extension period is set forth in such notice, then such extension shall be deemed to be for a period of three (3) months. Aside from the foregoing, there shall be no extension or renewal of this Lease by operation of law, and if Tenant remains in possession of the Premises after the termination of this Lease (as it may be extended pursuant to the first sentence of this Section 2.4) without written authorization executed by Landlord and Tenant, but with the acquiescence or consent of Landlord, Tenant shall be deemed to be occupying the Premises under a month-to-month periodic tenancy at a monthly rental equal to one hundred fifty (150%) percent of the Base Rental in effect during the last month of the Lease Term, with or without plus all Additional Rental provided for in this Lease, and otherwise subject to all the express or implied consent covenants and provisions of Landlord, such tenancy shall be from this Lease insofar as the same are applicable to a month-to-month only, periodic tenancy. Landlord and shall not constitute a renewal hereof or an extension for Tenant agree that any further term, and in such case Monthly Base Rent shall periodic tenancy may be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent terminated by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days prior written notice by either party to the other party. If Tenant remains in possession after termination of this Lease (as it may be extended pursuant to the expiration first sentence of the Term, in addition to any other liabilities to Landlord accruing therefromthis Section 2.4) without Landlord's acquiescence or consent, Tenant thereupon shall protect, defend, indemnify and hold Landlord harmless from and against all claims resulting from such failure, including, without limiting the generality of the foregoing, any claims made be deemed a tenant-at-sufferance subject to summary eviction as provided by any succeeding tenant founded upon such failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrenderlaw.

Holding Over. If Except as set forth below, if Tenant holds over continues to occupy the Premises after the expiration or other termination of this Lease or the termination of Tenant’s right of possession with respect to the Premises, such occupancy shall be that of a tenancy at sufferance. Tenant shall, throughout the entire holdover period, be subject to all the terms and provisions of this Lease (other than provisions relating to length of the Lease Term, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, ) and shall not constitute pay for its use and occupancy an amount (on a renewal hereof or an extension per month basis without reduction for any further term, and in partial months during any such case Monthly Base Rent shall be payable at a monthly rate holdover) equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period and one hundred percent (100%) of the Lease Term additional Rent due under this Lease (provided that for the first month holdover period. Except as set forth below, no holding over by Tenant or payments of any holdover, Monthly Base Rent will be payable at money by Tenant to Landlord after the rate of 125% expiration of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent to extend the Term or prevent Landlord from recovery of immediate possession of the Premises by summary proceedings or otherwise. Notwithstanding the foregoing provisions of this Section 40, if Tenant should find it necessary to hold over in the Premises, Tenant may give written notice (the “Hold Over Notice”) to Landlord that it intends to hold over. The Hold Over Notice must be delivered to Landlord not less than sixty (60) days prior to the expiration or termination of the Term and must specify whether Tenant elects to hold over for thirty (30) days or sixty (60) days. If Tenant timely provides the Hold Over Notice, Tenant may hold over and continue to occupy the Premises for the period of time specified in the Hold Over Notice at the Rent for the Premises set forth in this Section 40. In the event that (i) Tenant does not timely provide Landlord with the Hold Over Notice, and Tenant continues to occupy the Premises after the expiration or termination of this Lease, or (ii) Tenant continues to occupy the Premises for longer than the 30 or 60-day time period specified in the Hold Over Notice, such occupancy shall be that of a tenancy at sufferance and Tenant shall be liable to Landlord for all identified direct and consequential damages which Landlord may suffer by reason of any holding over by Tenant, and provided Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as has provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for least thirty (30) days after the expiration days’ prior written notice of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify such identified direct and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrenderconsequential damages.

Holding Over. If Tenant holds over after agrees to vacate the expiration Premises at the end of the Lease Term, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves shall be entitled to the right benefit of all summary proceedings to require Tenant to surrender recover possession of the Premises to Landlord at the end of the Term, as provided if statutory notice had been given. If Tenant remains in this Lease upon the expiration or other termination possession of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, such action shall not renew the Lease by operation of law and nothing herein shall be deemed as a consent by Landlord to Tenant’s remaining in addition the Premises. If Tenant fails to vacate the Premises as required, Landlord may for the first month of any other liabilities such holdover consider Tenant as either (i) a “Tenant-at-Will” liable for the payment of 150% of the Basic Rent payable at the end of the Term or (ii) as a “Tenant-Holding-Over” liable for an amount equal to the actual damages incurred by Landlord accruing therefromas a result of Tenant’s holding over, including attorney’s fees, but excluding incidental, prospective and consequential damages, but in no event shall such amount be less than the amounts of (a) 150% of the Basic Rent payable at the end of the Term and (b) the Additional Rent reserved hereunder applicable to the period of the holdover. If Tenant shall protectfails to vacate the Premises as required after the foregoing one (1) month period, defend, indemnify and hold Landlord harmless from and against all claims resulting from such failuremay consider Tenant as either (i) a “Tenant-at-Will” liable for the payment of 150% of the Basic Rent payable at the end of the Term or (ii) as a “Tenant-Holding-Over” liable for an amount equal to the actual damages incurred by Landlord as a result of Tenant’s holding over, including, without limiting limitation, all incidental, prospective and consequential damages and attorney’s fees, but in no event shall such amount be less than the generality amounts of (a) 150% of the foregoingBasic Rent payable at the end of the Term and (b) the Additional Rent reserved hereunder applicable to the period of the holdover. In any of the foregoing events, any claims made by any succeeding tenant founded upon such failure to surrender, all other covenants of this Lease shall remain in full force and any losses suffered by Landlord, including lost profits, resulting from such failure to surrendereffect.

Holding Over. If Tenant holds over remains in possession of all or any part of the Premises after the expiration or earlier termination of the Lease Term, Term with or without the express or implied consent of Landlord, such tenancy Tenant's occupancy shall be from a month-to-to- month only, and shall not constitute tenancy at a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable payable during the last rental period month of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease)Term. Such The month-to-month tenancy shall be subject on the terms and conditions of this Lease except as provided in (a) the preceding sentence, and (b) those provision of this Lease relating to every (i) the term of this Lease as contain in Xxxxxxxxx 0, (xx) expansion rights given to Tenant under this Lease, if any, and (iii) extension rights given to Tenant under this Lease, if any. Landlord's acceptance of rent after such holding over with Landlord's consent shall not result in any other applicable termtenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of all or any part of the Premises after the expiration or earlier termination of the Term without Landlord's consent, covenant Tenant's continued possession shall be on the basis of a tenancy at sufferance and agreement contained hereinTenant shall pay as Monthly Base Rent during the holdover period an amount equal to the greater of (x) one hundred fifty percent (150%) of the fair market rental (as reasonably determined by Landlord) for the Premises, or (y) two hundred percent (200%) of the Monthly Base Rent payable under this Lease for the last full month before the date of expiration or earlier termination of the Term. In addition, during such holdover period Tenant shall pay to Landlord all other sums required to be paid by Tenant to Landlord under this Lease, including, without limitation, Operating Expenses. If Tenant remains in possession of all or any part of the Premises without Landlord's consent, Tenant 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 costs, including, without limitation, attorneys' fees and costs, costs and expenses incurred by Landlord in returning the Premises or any part thereof to the condition in which Tenant was to surrender the same, and claims made by any succeeding tenant founded on or resulting from Tenant's failure to surrender the Premises. The provisions of the immediately preceding sentence shall survive the expiration or earlier termination of this Lease. Nothing contained in this Article 26 Subparagraph 11(b) shall be construed as implied consent by Landlord to any holding over by Tenant, and . Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon on the expiration or other earlier termination of the Term of this Lease. The provisions provision of this Article 26 Subparagraph 11(b) shall not be deemed considered to limit or constitute a waiver of any other rights or remedies of Landlord provided herein in this Lease or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrender.

Holding Over. If Tenant holds over in possession of the Premises or any portion thereof after the expiration or sooner termination of the Lease, such holding over shall, at Landlord’s option and without limiting any of Landlord’s remedies, be construed as a tenancy at will, terminable on no less than thirty (30) days Notice, and Tenant acknowledges that such Notice may be given at any time within the last two (2) months of the Term. Landlord shall provide Tenant with Notice prior to the expiration or sooner termination of the Lease Term, with or without the express or implied consent of Landlord’s election that such holding over be construed as a tenancy at sufferance; if Landlord fails to provide such Notice, such tenancy holding over shall be from month-to-month only, and deemed to be a tenancy at will. Tenant’s use of the Premises during any such holdover period shall not constitute be at a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to the greater of (i) the fair market rental value of the Premises during such period; or (ii) one hundred fifty percent (150%) of the Monthly Base Rent applicable during due in the last rental period full month of the Term (without considering any abatement of such amount to which Tenant may have been entitled in such month as a result of any event for which the terms of this Lease Term under expressly provide abatement or otherwise), and otherwise be on the terms and conditions herein specified; provided, however, that all renewal, expansion or other optional rights of Tenant contained in this Lease, if any, shall be deemed void during any such holdover tenancy. No ongoing negotiation regarding the extension or renewal of this Lease (provided that for or any occupancy rights of Tenant in the first month Project) shall constitute a waiver by Landlord of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as Tenant’s holdover status or a consent by Landlord to any holding over by Tenantsuch holdover, and Landlord expressly reserves the or any waiver of Landlord’s right to require Tenant receive or Tenant’s obligation to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of pay such increased Base Rent during any other rights or remedies of Landlord provided herein or at lawsuch holdover period. Tenant acknowledges that if Tenant holds over without Landlord's consentshall indemnify, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify defend and hold Landlord harmless from and against any and all claims Claims resulting from such failureany holding over by Tenant, including, without limiting the generality including any consequential damages arising out of the foregoing, any claims made Claims against Landlord by any succeeding or prospective tenant founded upon such failure to surrender, and any losses suffered by Landlord, including Landlord due to lost profits, resulting from such failure opportunities to surrenderlease any portion of the Premises to any succeeding or prospective tenant.

Holding Over. If In the case of any holding over or possession by Tenant holds over after the expiration of the Lease Term, with or Expiration Date without the express or implied consent Approval of Landlord, such tenancy Tenant shall be a tenant from month to month and shall pay Landlord One Hundred Thousand and No/100 Dollars ($100,000.00) per month (or partial month-to-month only) as Base Rent. Further, if Tenant shall hold over beyond the Lease Expiration Date and any date for surrender of the Leased Premises set forth in Landlord’s written Notice demanding possession thereof given following the Lease Expiration Date, Tenant shall reimburse Landlord for all actual reasonable expenses and losses incurred by Landlord by reason of Landlord’s inability to deliver possession of the Leased Premises to a successor tenant free and clear of the possession of Tenant, together with interest on such expenses at the Default Rate from the date such expenses are incurred until reimbursed by Xxxxxx, together with Landlord’s reasonable attorneys’ fees, charges and costs. The acceptance of Rent under this Section 22.3 by Landlord shall not constitute a renewal hereof or an extension for of the Term of this Lease or afford Tenant any further term, right to possession of the Leased Premises beyond any date through which such Rent shall have been paid by Xxxxxx and in such case Monthly Base accepted by Landlord. Such Rent shall be payable at a monthly rate equal due to one hundred fifty percent (150%) of Landlord for the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdoversuch holding over, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such month-to-month tenancy shall be subject whether or not Landlord is seeking to every other applicable termevict Tenant; and, covenant and agreement contained herein. Nothing contained unless Landlord otherwise then agrees in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consentwriting, such holding over may compromise shall be, and shall be deemed and construed to be, without the Approval of Landlord, whether or otherwise affect Landlord's ability not Landlord has accepted any sum due pursuant to enter into new leases with prospective tenants regarding this Section 22.3. Notwithstanding anything to the Premises. Thereforecontrary contained in this Lease, if Tenant fails to shall hold over beyond the Lease Expiration Date or any date for surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the TermLeased Premises set forth in Landlord’s written Notice demanding possession thereof following the Lease Expiration Date, in addition to any other liabilities to Landlord accruing therefrom, such holding over by Tenant shall protect, defend, indemnify be an Event of Default and hold Landlord harmless from and against all claims resulting from such failure, including, without limiting shall be entitled to the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrenderremedies set forth in Section 24.2.1.

Holding Over. If Tenant holds over after the expiration of the Lease Term, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if it is extremely important that Landlord have substantial advance notice of the date on which Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding will vacate the Premises, because Landlord will (a) require an extensive period to locate a replacement tenant, and (b) plan its entire leasing and renovation program for the Building in reliance on its lease expiration dates. Therefore, Tenant also acknowledges that if Tenant fails to surrender the Premises 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 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 shall be increased to equal the greater of (1) the fair market rent for the Premises, or expiration two hundred percent (200%) of the Base Rent, Additional Rent and other sums that would have been payable pursuant to the provisions of this Lease and if the Lease Term had continued during such holdover continues for thirty (30) days after period. Such rent shall be computed by Landlord on a monthly basis and shall be payable on the expiration first day of such holdover period and the Termfirst day of each calendar month thereafter during such holdover period until the Premises have been vacated. 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 holdover shall be deemed to be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month; provided, however, that Landlord may, in addition to its other remedies, elect, in its sole discretion, to treat such holdover as the creation of a month-to-month tenancy with Tenant. In no event shall any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims resulting from such failure, including, without limiting the generality holdover be deemed a permitted extension or renewal of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrenderLease Term, and nothing contained herein shall be construed to constitute Landlord's consent to any losses suffered by Landlordholdover or to give Tenant any right with respect thereto. Except as otherwise specifically provided in this Article, including lost profits, resulting from such failure to surrenderall terms of this Lease shall remain in full force and effect during the holdover period.

Holding Over. If Tenant holds over after the expiration shall pay Landlord for each day Tenant retains possession of the Premises or part of them after termination of this Lease Term, with by lapse of time or without otherwise at the express or implied consent of Landlord, such tenancy rate (“Holdover Rate”) which shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (a) One Hundred Fifty Percent (150%) of the Monthly Base amount of the Annual Rent applicable during for the last rental period prior to the date of the Lease Term such termination plus Tenant’s Proportionate Share of Expenses and Taxes under this Lease (provided that Article 4 for the first one (1) month of any such holdover, Monthly Base Rent will be payable at the rate of 125% and (b) Two Hundred Percent (200%) of the Monthly Base amount of the Annual Rent applicable during for the last rental period prior to the date of such termination plus Tenant’s Proportionate Share of Expenses and Taxes under Article 4 for any subsequent holdover, in either case, prorated on a daily basis, and, in the Lease Term under this Lease). Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if event Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for more than thirty (30) days after the expiration Landlord provides written notice to Tenant that Landlord has entered or is entering into a lease with third party tenant for all or any portion of the Term, in addition to any other liabilities to Landlord accruing therefromPremises, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against also pay all claims resulting from such failuredamages, including, without limiting limitation consequential damages, sustained by Landlord by reason of such retention. If Landlord gives notice to Tenant of Landlord’s election to such effect, such holding over shall constitute renewal of this Lease for a period from month to month at the generality Holdover Rate, but if the Landlord does not so elect, no such renewal shall result notwithstanding acceptance by Landlord of any sums due hereunder after such termination; and instead, a tenancy at sufferance at the foregoingHoldover Rate shall be deemed to have been created. In any event, no provision of this Article 14 shall be deemed to waive Landlord’s right of reentry or any claims made by any succeeding tenant founded upon such failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrenderother right under this Lease or at law.

Holding Over. If 22.1 Tenant holds over after acknowledges that it is extremely important that Landlord have substantial advance notice of the date on which Tenant will vacate the Premises, and that if Tenant fails to surrender the Premises or any portion thereof at the expiration or earlier termination of the Lease Term, with then it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Base Rent and additional rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant (or without anyone claiming through Tenant) does not immediately surrender the express Premises or implied consent any portion thereof upon the expiration or earlier termination of Landlordthe Lease Term, such tenancy then the rent payable by Tenant hereunder shall be from month-to-month onlyincreased to equal the greater of (1) fair market rent for the entire Premises, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to (2) one hundred fifty percent (150%) of the Monthly Base Rent applicable during Rent, additional rent and other sums that would have been payable pursuant to the last rental period provisions of this Lease if the Lease Term under this Lease (provided that for had continued during such holdover. 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 of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable thereafter during the last rental such holdover period of the Lease Term under this Lease). Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of until the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Leasehave been vacated. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that In addition, if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for more than thirty (30) days after the expiration days, then Tenant shall be responsible for all consequential damages sustained by Landlord on account of Tenant holding over. 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 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, in addition and nothing contained herein shall be construed to constitute Landlord's consent to any other liabilities holdover or to Landlord accruing therefrom, give Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrenderright with respect thereto.

Holding Over. If Tenant holds over remains in possession of all or any portion of the Premises after the expiration or earlier termination of the this Lease Term, with or without the express or implied consent of Landlord, such tenancy Tenant’s continued possession shall be from month-to-month onlyon 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 shall not constitute a renewal hereof or an extension for any further termobligations of Tenant under this Lease, and in such case Monthly except that the monthly Base Rent (for each month or any part thereof of any such holding over) shall be payable at a (i) during the first thirty (30) days of such holding over, one hundred twenty-five percent (125%) of the monthly rate equal Base Rent and estimated share of Additional Charges that Tenant was obligated to pay for the month immediately preceding the Expiration Date or earlier termination of this Lease and (ii) thereafter, one hundred fifty percent (150%) of the Monthly such monthly Base Rent applicable during the last rental period amount and estimated share of the Lease Term under this Lease (provided that Additional Charges. In addition to Rent, Tenant shall pay Landlord for the first month all damages proximately caused by reason of any holdover, Monthly Base Tenant’s retention of possession. Landlord’s acceptance of Rent will be payable at the rate after such termination shall not constitute a renewal of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing nothing contained in this Article 26 provision shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit waive Landlord’s right of re-entry or constitute a waiver of any other rights or remedies of Landlord provided herein right hereunder or at law. Tenant acknowledges that if Tenant holds over without that, in Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding ’s marketing and re-leasing efforts for the Premises. Therefore, if Landlord is relying on Tenant fails to surrender vacating the Premises upon on the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefromExpiration Date. Accordingly, Tenant shall protectindemnify, defend, indemnify defend and hold Landlord harmless from and against all claims claims, liabilities, losses, costs, expenses and damages arising or resulting directly or indirectly from such failureTenant’s failure to timely surrender the Premises, includingincluding (i) any loss, without limiting the generality cost or damages suffered by any prospective tenant of all or any part of the foregoingPremises, and (ii) Landlord’s damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of all or any claims made portion of the Premises by any succeeding tenant founded upon reason of such failure of Tenant to surrender, and any losses suffered by timely surrender the Premises. Any holding over without Landlord, including lost profits, resulting from such failure to surrender’s consent shall constitute a Tenant Default.

Holding Over. If Tenant holds over remains in possession of all or any part of the Premises after the expiration of the Lease Termterm hereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent case, rent and other monetary sums due hereunder shall be payable at a monthly rate equal to one hundred twenty five percent (125%) of the rent in effect just prior to such holdover thereafter for the first 30 days and one hundred fifty percent (150%) of the Monthly Base Rent applicable during rent in effect just prior to such holdover for every month thereafter, and if such holding over is without the last rental period express consent of the Lease Term under this Lease (provided that Landlord, Tenant shall be liable to Landlord for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease)all reasonable costs and damages caused to Landlord by such holding over. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by In the event Landlord fails to any holding over by Tenant, and Landlord expressly reserves deliver the right to require Tenant to surrender possession Premises on the Commencement Date because the previous occupant of the Premises is holding over, or for any other cause beyond Landlord's control, Landlord shall not be liable to Landlord Tenant for any damages as provided a result of Landlord's delay in this Lease upon delivering the expiration or other termination Premises, nor shall any delay affect the validity of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding and the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration Commencement Date of this Lease and shall be postponed until the Premises can be delivered by Landlord. Notwithstanding the foregoing, if such holdover continues for thirty Landlord fails to deliver the Premises within one hundred twenty (30120) days after the Commencement Date, this Lease shall be voidable without further obligation or liability of either party, at the option of Tenant, upon written notice to Landlord within five (5) days after the expiration of said one hundred twenty (120) day period. In the Term, in addition to event of any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims resulting from such failure, including, without limiting the generality postponement of the foregoingCommencement Date as provided in this Paragraph 27, any claims made by any succeeding tenant founded upon such failure to surrenderthe Lease Term shall remain the same, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrenderbut the Expiration Date shall be extended for the same number of days the Commencement date was postponed.

Holding Over. If Tenant holds over after the expiration of the Lease Term, with or Term without the express or implied written consent of Landlord, such tenancy shall be from month-to-month onlya tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent daily damages in any action to recover possession of the Premises shall be payable calculated at a monthly daily rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Leasecalculated on a per diem basis). Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender vacate and deliver possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if 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 surrender vacate and deliver the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the TermLease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 surrendervacate and deliver, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrendervacate 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. The parties acknowledge and agree that any claims made by any succeeding tenant founded upon Tenant's failure to surrender all or any portion of the Premises following the Lease Expiration Date, and any lost profits to Landlord resulting therefrom, shall not be deemed consequential damages, loss of profits, loss of business opportunity or loss of goodwill within the limitation set forth in Section 10.1, above. Tenant shall have the right to request that Landlord provide to Tenant a written notice setting forth Landlord's estimate of the maximum amount of actual, special and consequential damages (including loss of profits, loss of business opportunity, loss of goodwill and loss of use) ("Holding Over Damages") that Landlord will incur as the result of Tenant's failure to surrender the Premises following the expiration of the Lease Term. Within ten (10) business days after receipt of such request, Landlord shall provide Tenant a written notice setting forth Landlord's estimate of Holding Over Damages. Tenant acknowledges and agrees that such notice is nothing more than an estimate of Holding Over Damages delivered to Tenant on an accommodation basis only, and in no event shall such estimate be considered a limit on, liquidation of, or other measure of the actual Holding Over Damages which Landlord may incur as a result of any holding over by Tenant.

Holding Over. If Tenant holds over TENANT will have no right to remain in possession of all or any part of the Leased Premises after the expiration of the Lease Term, with term. If TENANT remains in possession of all or any part of the Leased Premises after the expiration of the term without the express or implied consent of Landlord, LANDLORD: (a) such tenancy shall will be from month-to-month deemed to be a tenancy at sufferance only, ; and shall (b) such tenancy will not constitute a renewal hereof or an extension of this LEASE for any further term, . The parties recognize and in such case Monthly Base Rent shall be payable at a monthly rate equal agree that the damage to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of LANDLORD resulting from any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such month-to-month tenancy shall be subject failure by TENANT to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to timely surrender possession of the Leased Premises will be substantial, will exceed the amount of the monthly installments of the rent payable hereunder, and will be impossible to Landlord as provided in this Lease measure accurately. TENANT therefore agrees that if possession of the Leased Premises is not surrendered to LANDLORD upon the expiration Expiration Date or other sooner termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the TermLEASE, in addition to any other liabilities rights or remedies LANDLORD may have hereunder or at law, TENANT shall pay to Landlord accruing therefromLANDLORD, Tenant shall protectas liquidated damages, defendfor each portion of any month during which TENANT holds over in the Leased Premises after the Expiration Date or sooner termination of this LEASE, indemnify and hold Landlord harmless from and against all claims resulting from such failure, including, without limiting a sum equal to two (2) times the generality aggregate of that portion of the foregoingMonthly Base Rent and additional rent that was payable under this LEASE during the last month of the term. Nothing herein contained shall be deemed to permit TENANT to retain possession of all or any part of the Leased Premises after the Expiration Date or sooner termination of the LEASE. The provisions of this Section 26.11 shall survive the Expiration Date or sooner termination of this LEASE. IN WITNESS WHEREOF, any claims made by any succeeding tenant founded upon such failure to surrenderthe parties hereto have respectively executed this Addendum. LANDLORD Laguna Cabot Road Business Park, and any losses suffered by LandlordLP By: Xxxxx Property Management, including lost profitsInc., resulting from such failure to surrender.a California corporation, Its: Authorized Signer By: /s/ Xxxxxx Xxxxxxx Its: Co-President TENANT* Sonendo, Inc., a Delaware corporation By: /s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Its: CEO By: /s/ Xxxxxxx Xxxxx Xxxxxxx Xxxxx

Holding Over. If Any holding over without Landlord's consent shall entitle Landlord to immediately re-enter the leased premises and dispossess Tenant. No holding over by Tenant holds after the expiration or termination of the term of this Lease shall operate to extend the term of this Lease. In the event of any unauthorized holding over, Tenant shall indemnify and hold harmless Landlord against all claim for damages by any other tenant to whom Landlord may have leased all or any part of the leased premises effective upon the termination of this Lease. In the event of any holding over by Tenant after expiration or termination of this Lease without the consent of Landlord, Tenant shall pay as holdover rental for each month of the holdover tenancy an amount equal to the greater of (x) fair market rental value of the leased premises for such month (as reasonably determined by Landlord) and (y) twice the monthly Minimum Rent herein specified plus one-twelfth (1/12th) of the average annual Percentage Rent and additional rent payable hereunder for the three (3) least years immediately preceding, or the entire portion of the !ease term, if less than three (3) lease years. Any holding over after the expiration of the Lease Term, term hereof with or without the express or implied consent of the Landlord, such tenancy shall be construed to be a tenancy from monthmonth to month (at twice the monthly Minimum Rent herein specified plus one-to-month onlytwelfth (1/ 12th) of the average annual percentage rent payable hereunder for the three (3) lease years immediately preceding, or the entire portion of the lease term, if less than three (3) lease years), and shall not constitute a renewal hereof or an extension for any further term, otherwise be on the same terms and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained hereinconditions herein specified so far as applicable. Nothing contained in this Article 26 Section shall be construed as consent by Landlord to imply any holding over by Tenant, and Landlord expressly reserves the right to require of Tenant to surrender possession of remain in the Premises to Landlord as provided in this Lease upon leased premises after the expiration or other termination of this Lease. The provisions Lease without the execution of this Article 26 shall not a new lease, (ii) imply any obligation of Landlord to grant a new lease or (iii) be deemed construed to limit any right or constitute remedy that Landlord has against Tenant as a waiver of any other rights holdover tenant or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrendertrespasser.

Holding Over. If Tenant holds over continues to occupy the Premises after the expiration or other termination of this Lease or the Lease Term, with or without the express or implied consent termination of LandlordTenant's right of possession, such tenancy occupancy shall be from month-to-month onlythat of a tenancy at sufferance. Tenant shall, throughout the entire holdover period, be subject to all the terms and provisions of this Lease and shall not constitute pay for its use and occupancy an amount (on a renewal hereof or an extension per month basis without reduction for any further term, and in partial months during any such case Monthly Base Rent shall be payable at a monthly rate holdover) equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during and Additional Rent due under this Lease for the last rental period full month of the term hereof during such holdover. No holding over by Tenant or payments of money by Tenant to Landlord after the expiration of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will shall be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of construed to extend the Lease Term under this Lease)or prevent Landlord from recovery of immediate possession of the Premises by summary proceedings or otherwise. Such month-to-month tenancy Tenant shall also be subject liable to every other applicable term, covenant Landlord for all direct and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent consequential damages which Landlord may suffer by Landlord to reason of any holding over by Tenant; provided Tenant shall not be liable to Landlord for consequential damages arising from Tenant's holdover unless (i) Landlord gives written notice (the "Vacancy Notice") to Tenant stating (x) that Landlord has entered into a letter of intent, and letter or memorandum of understanding or another similar instrument with a proposed tenant or a third party has accepted a proposal made by Landlord expressly reserves the right to require Tenant to surrender possession lease all or part of the Premises and (y) the date Landlord requires Tenant to Landlord as provided in this Lease upon vacate the Premises (the "Vacancy Date"), which date shall be the later of the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration date of this Lease and if such holdover continues for thirty (30) days after the expiration Tenant's receipt of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 surrenderVacancy Notice, and any losses suffered by Landlord, including lost profits, resulting from such failure (ii) Tenant fails to surrendervacate the Premises on or before the Vacancy Date.

Holding Over. If Tenant holds over after has no right to retain possession of the Premises or any part thereof beyond the expiration of the Lease TermTerm or the termination of this Lease. If, with or without the express or implied consent of by Landlord, Xxxxxx holds possession of the Premises for more than ten (10) days after the expiration or earlier termination of this Lease, then such tenancy holding over shall be from without Landlord’s consent and if Landlord accepts Base Rent after the expiration or earlier termination of this Lease, shall be on the basis of a month-to-month onlytenancy subject to all of the terms and conditions of this Lease, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly except that the Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such such month-to-month tenancy shall be subject equal to every two hundred percent (200%) of the Base Rent in effect at the expiration of the Term of this Lease, prorated for an partial calendar months. Landlord and Tenant each shall have the right to terminate such month to month tenancy by giving at least thirty (30) days’ written notice of termination to the other applicable termat any time, covenant and agreement contained hereinin which event such tenancy shall terminate on the termination date set forth in such termination notice. Nothing contained in this Article 26 herein shall be construed as consent by Landlord to any holding over by TenantXxxxxx. Tenant acknowledges that Landlord’s development plans require that Tenant and all subtenants vacate the Premises no later than the expiration of the Term or earlier termination of this Lease and that Landlord will be significantly damaged if Tenant or any subtenant fails to timely vacate the Premises. Therefore, if the Term expires and Landlord expressly reserves the right to require Tenant or any subtenant holds over or otherwise fails to surrender possession of the Premises to Landlord as provided at the end of the Term in this Lease upon the expiration or other termination of manner required under this Lease. The provisions of this Article 26 shall not be deemed , in addition to limit or constitute a waiver of any other all rights or and remedies of Landlord provided herein for in this Lease or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise law or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefromequity, Tenant shall indemnify, protect, defend, indemnify defend and hold Landlord entirely free and harmless from and against any and all claims resulting damages, losses, claims, suits, actions, costs, expenses and liabilities (including without limitation, attorneys’ fees and costs) arising from such failureor attributable to Tenant’s or subtenant’s failure to vacate the Premises when due, including, without limiting the generality of the foregoinglimitation, any claims made by any succeeding tenant founded upon such failure losses due to surrenderconstruction delays, carry costs and any losses suffered by Landlord, including lost profits, resulting from such failure to surrenderother similar damages.

Holding Over. If Tenant holds over after the expiration of the Lease TermTerm hereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable as follows: (i) during the first three (3) months of such holdover, Tenant shall pay Base Rent to Landlord at a monthly rate equal to one hundred twenty-five percent (125%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease; and (ii) thereafter during such holdover, Tenant shall pay Base Rent to Landlord at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and 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. The provisions of this Article 26 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of holdover rent as referenced above, if Landlord reasonably determines that it will incur additional costs, expenses or liabilities by reason of Tenant’s holdover which are not fairly compensated by the payment of holdover rent (and Landlord can provide Tenant acknowledges that if Tenant holds over without Landlord's consentwith reasonable documentation, such holding over may compromise as a signed lease for the Premises, showing that such costs, expenses and/or liabilities are impending or otherwise affect Landlord's ability reasonably likely to enter into new leases with prospective tenants regarding occur and not purely speculative), Landlord shall have the Premises. Thereforeright to deliver to Tenant no less than thirty (30) days’ prior written notice of such additional holdover liability (collectively, “Rental Loss Damages”) and if Tenant fails to surrender vacate the Premises upon the termination or expiration of this Lease and if within such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom-day period, Tenant shall protectagrees to indemnify, defend, indemnify defend and hold Landlord harmless from and against all claims resulting from such failureclaims, includingliabilities, without limiting the generality losses, costs and expenses (including reasonable attorneys’ fees) relating to Rental Loss Damages by reason of the foregoing, any claims made by any succeeding tenant founded upon such Tenant’s failure to surrender, vacate and any losses suffered by Landlord, including lost profits, resulting from such failure to surrendersurrender the Premises in accordance with the terms and conditions of this Lease.

Holding Over. If that Tenant holds over after shall not immediately surrender the Premises to Landlord on the expiration date of the Lease Term, with Term or without the express or implied consent earlier termination of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that including without limitation for the first month of any holdoverreasons set forth in Section 16.2.4 above), Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such month-to-month tenancy Tenant’s continued possession shall be subject to every other applicable term, covenant that of a holdover tenant and agreement contained hereinan unlawful detainer. Nothing contained in this Article 26 shall be construed as consent by Landlord to any No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend the Term of this Lease, create a month to month tenancy or affect Landlord’s rights under this Lease. No tenancy or interest shall result from such holding over, and Tenant shall be subject to immediate eviction and removal. During such period of holdover, Tenant shall continue to comply with all of the terms and provisions of this Lease, except the monthly Rent shall be 110% of the monthly Rent in effect during the last month of the Term for the first 30 days of such holdover, and 200% of the monthly Rent in effect during the last month of the Term for any period of holdover beyond the first 30 days. Tenant shall also be liable for, and hereby agrees to indemnify Landlord again, any and all damages (including, without limitation, consequential damages and lost profits), costs and liabilities sustained by Landlord as a result of such holdover. If Tenant shall hold over after the expiration date of the Term or earlier termination of this Lease, and Landlord expressly reserves shall desire to regain possession of the right to require Tenant to surrender Premises, then Landlord may forthwith re-enter and take possession of the Premises to Landlord as provided by any legal process in this Lease upon force in the expiration or other termination State of this LeaseNevada. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding Notwithstanding the Premises. Thereforeforegoing, if the Term expires on June 12, 2023 without extension, Landlord agrees not to exercise any remedies regarding a holdover unless Tenant fails to surrender vacate the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (not later than June 30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrender2023.

Holding Over. If Tenant holds over after has provided notice to Landlord at least ninety (90) days prior to the expiration of the Lease Term, with or without the express or implied consent of Landlordthis Lease, such tenancy notice to include a time period (not exceeding six (6) months) (the “Permitted Hold- Over Period”) in which Tenant intends to remain in the Premises, Tenant shall have the right to holdover possession for the Permitted Hold-Over Period under the same terms and conditions as the previous term, except that Base Rent shall be from one hundred twenty-five percent (125%) of the Base Rent in effect immediately prior to the Permitted Hold- Over Period, but Tenant may terminate the Permitted Hold-Over Period at any time upon thirty (30) days’ notice to Landlord. In the event such holdover possession exceeds the Permitted Hold-Over Period or in the event of any other holdover (including following an early termination by Tenant), such possession shall be month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to of one hundred fifty percent (150%) of the Monthly Base Rent in effect immediately prior to the holdover possession and subject to termination by Landlord or Tenant upon thirty (30) days’ notice to the other party at any time. During any holdover possession as provided herein, all of the other terms and provisions of this Lease (excluding any expansion or extension option or other similar right or option) shall be applicable during such holdover period. All other payments shall continue under the last rental terms of this Lease during any period of holdover possession. In addition and subject to Section 35(m), if (a) Tenant has not vacated the Premises following the expiration of the Lease Term under this Lease or the Permitted Hold- Over Period, as applicable, and (provided that for b) Landlord provides Tenant not less than ninety (90) days’ prior notice of the first month amount of any holdover, Monthly Base Rent of the following damages that Landlord will be payable incur as a result of Tenant’s failure to vacate the Premises at the rate end of 125% such ninety (90)-day period, then if Tenant fails to vacate within the later to occur of (i) the Monthly Base Rent applicable during the last rental period expiration of the Lease Term under this Lease). Such monthTerm, (ii) any Permitted Hold-to-month tenancy Over Period, and (iii) ninety (90) days after receipt of such notice, Tenant shall be subject liable to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent Landlord for the rental revenue lost by Landlord solely as a result of the holdover (other than as a result of a termination of any executed lease for any portion of the Premises), and any amounts Landlord is required to pay to any new tenant (whether in the form of rent abatement, monetary damages, or otherwise) solely as a result of the holdover, but Tenant will not be liable for any indirect or consequential damages. No holding over by Tenant, and Landlord expressly reserves the right whether with or without consent of Landlord, shall operate to require Tenant to surrender possession of the Premises to Landlord as provided in extend this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord except as otherwise expressly provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrenderherein.

Holding Over. If In the event that Tenant holds over after the expiration shall not immediately surrender possession of the Lease Termleased premises at the termination of this Lease, with or without the express or implied consent of Landlord, such tenancy Tenant shall be become a tenant from month-to-month only, to month only if rent is paid to and shall not constitute a renewal hereof or an extension for any further term, and accepted by Landlord in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable advance at the rate of 125110% of the Monthly Base Rent applicable during rental payable hereunder just prior to the last termination of this Lease. Unless and until Landlord accepts such rental period from Tenant, Landlord shall be entitled to retake or recover possession of the Lease Term under this Lease). Such month-to-month tenancy leased premises as provided in case of default on the part of Tenant and Tenant shall be subject liable to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent Landlord for any loss or damage it may sustain by Landlord to any holding over by reason of Tenant, and Landlord expressly reserves the right to require Tenant 's failure to surrender possession of the Premises to Landlord leased premises immediately upon expiration of the term of this Lease, or, if applicable, the last properly exercised extended term hereof as provided in Paragraph 29. No holding over by Tenant shall operate to renew or extend this Lease, other than as provided in Paragraph 29, without the written consent of Landlord to such renewal or extension having been first obtained. If Tenant shall fail to surrender possession of the leased premises immediately upon such term expiration, Tenant hereby agrees that all obligations, including those for rent, of Tenant and all rights of Landlord applicable during the term of this Lease upon shall be equally applicable during such period of subsequent occupancy whether or not the expiration or other termination month to month tenancy shall have been created as aforesaid. For purposes of this Lease. The provisions of this Article 26 , Tenant shall not be deemed to limit have not surrendered possession of the leased premises if Tenant has failed to cancel, terminate, assign, or constitute a waiver transfer any of the utility services as provided in Paragraph 4 hereof, and if any utility service company fails or refuses to accept the power of attorney of Landlord set forth in Paragraph 4, or if Tenant exercises or refuses to release any other rights control or remedies authority over, or with regard to, the leased premises regardless of Landlord provided herein whether or at law. not Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration is in physical possession of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims resulting from such failure, leased premises including, without limiting the generality of the foregoingbut not limited to, any claims made by any succeeding tenant founded upon such failure to surrenderreturn keys, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrenderremove personal property from the leased premises, or failure to cancel telephone service to the leased premises or to the improvements on the leased premises.

Holding Over. If 22.1 Tenant holds over after acknowledges that it is extremely important that Landlord have substantial advance notice of the date on which Tenant will vacate the Premises, both because Landlord will require an extensive period to locate a replacement tenant and because Landlord will plan its entire leasing and renovation program for the Building in reliance on the expiration dates of this Lease and other leases. Tenant also acknowledges that if Tenant fails to surrender the premises at the expiration or earlier termination of the Lease Term, with it will be conclusively presumed that the value to Tenant of remaining in possession of the Premises, and the loss that will be suffered by Landlord as a result thereof, far exceed the amount of the Annual Base Rent and additional rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant shall not immediately surrender the Premises on the date of the expiration or without earlier termination of the express or implied consent of LandlordLease Term, such tenancy the rent payable by Tenant hereunder shall be from month-to-month onlyincreased to equal the greater of (a) fair market rent for the Premises, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to (b) one hundred and fifty percent (150%) of the Monthly Annual Base Rent applicable during Rent, additional rent, and other sums that would have been payable pursuant to the last rental period terms of this Lease if the Lease Term under this Lease (provided that for had continued during such holdover period. Such rent shall be computed by Landlord on a monthly basis and shall be payable by Tenant on the first day of such holdover period and the first day of each calendar month of any holdover, Monthly Base Rent will be payable at thereafter during such holdover period until the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over Premises have been vacated by Tenant, and Landlord expressly reserves the right to require . Landlord's acceptance of such rent from Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit in any manner impair or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise adversely affect Landlord's ability other rights and remedies hereunder, including, but not limited to, (i) Landlord's right to enter into new leases with prospective tenants regarding evict Tenant from the Premises. Therefore, if Tenant fails and (ii) Landlord's right to surrender the Premises upon the termination or expiration of recover damages pursuant to this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities damages as are available to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrenderat law or in equity.

Holding Over. Tenant will not be permitted to hold over possession of the Premises 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 Lease Term, with or without the express or implied consent of LandlordLandlord may, such tenancy shall be from month-to-month at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall not constitute a renewal hereof or an extension for any further termbe subject to all of the terms, covenants and in such case conditions of this Lease, so far as applicable, except that the Monthly Base Rent for any such holdover period shall be payable at a monthly rate equal to one the greater of (i)(A) for the first fifteen (15) days of holdover, the Monthly Base Rent in effect under this Lease immediately prior to such holdover, and (B) thereafter, two hundred fifty percent (150200%) of the Monthly Base Rent applicable during the last rental period of the Lease Term in effect under this Lease (provided that for the first month of any immediately prior to such holdover, Monthly Base Rent will be payable at or (ii) the then currently scheduled rental rate of 125% of for comparable space in the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease)Building, in either event prorated on a monthly basis. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent Acceptance by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the rent after such expiration or other earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Article 26 shall Paragraph 11 are in addition to and do not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premisesright of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. Therefore, if If Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after in accordance with the expiration terms of the Term, in addition this Paragraph 11 despite demand to any other liabilities to Landlord accruing therefromdo so by Landlord, Tenant shall agrees to promptly indemnify, protect, defend, indemnify defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and against all claims resulting from such failurecosts (including attorneys' fees and costs), including, without limiting limitation, costs and expenses incurred by Landlord in returning the generality of Premises to the foregoing, any condition in which Tenant was to surrender it and claims made by any succeeding tenant founded upon such on or resulting from Tenant's failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrendersurrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. If Tenant holds over (directly or through any Transferee or other ------------ successor-in-interest of Tenant) remains in possession of the Premises after the expiration or termination of this Lease, Tenant's continued possession shall be on the basis of a tenancy at will or tenant by the month. No act or omission by Landlord, other than its specific written consent, shall constitute permission for Tenant to continue in possession of the Lease TermPremises, and if such consent is given or declared to have been given by a court judgment, Landlord may terminate such holdover tenancy at any time upon thirty (30) days written notice. In the event of any such holdover, Tenant shall continue to comply with or without perform all the express or implied consent terms and obligations of LandlordTenant under this Lease, except that the monthly Base Rent during Tenant's holding over shall be, for the first 30 days of such tenancy shall be from month-to-holdover, at 150% of the Base Rent payable in the last full month onlyprior to the termination thereof and, and thereafter, at twice the Base Rent payable in the last full month prior to the termination hereof. Acceptance by Landlord of rent after such termination shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant ; and agreement contained herein. Nothing nothing contained in this Article 26 provision shall be construed as consent by deemed to waive Landlord's right of re-entry or any other right hereunder or at law. Notwithstanding the foregoing, if Landlord desires to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender regain possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon promptly after the termination or expiration hereof and prior to acceptance of this Lease rent for any period thereafter, Landlord may, at its option, forthwith re-enter and if such holdover continues for thirty (30) days after the expiration take possession of the Term, in addition to Premises or any other liabilities to Landlord accruing therefrom, part thereof without process or if required with any process required under applicable Laws. Tenant shall protectindemnify, defend, indemnify defend and hold Landlord harmless from and against all claims Claims arising or resulting from such failureTenant's failure to timely surrender the Premises, includingincluding (i) any loss, without limiting the generality cost, or damages incurred by any prospective tenant of the foregoingPremises, any claims made and (ii) Landlord's damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of the Premises by any succeeding tenant founded upon reason of such failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrendertimely surrender the Premises.

Holding Over. Unless Landlord expressly consents in writing to Tenant’s holding over, Tenant shall be unlawfully and illegally in possession of the Premises, whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises without Landlord’s written consent. If Tenant holds over after shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of the this Lease Term, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension sooner termination for any further termreason, and in then Tenant shall pay to Landlord for each day of such case Monthly Base Rent shall be payable at a monthly rate equal to retention one hundred fifty percent (150%) of the Monthly Base Rent applicable amount of daily rental as of the last month prior to the date of expiration or earlier termination; provided, however, that during the last rental period of the Lease Term under this Lease first (provided that for the first 1st) month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon following the expiration or other earlier termination of the Lease, Tenant shall only be obligated to pay to Landlord one hundred twenty-five percent (125%) of the amount of the daily rental as of the last month prior to the expiration or earlier termination. Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, including consequential and incidental damages and reasonable attorneys’ fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by the succeeding tenant founded on such delay. Acceptance of Rent by Landlord following expiration or earlier termination of this Lease, or following demand by Landlord for possession of the Premises, shall not constitute a renewal of this Lease, and nothing contained in this Paragraph 25 shall waive Landlord’s right of reentry or any other right. Additionally, if upon expiration or earlier termination of this Lease, or following demand by Landlord for possession of the Premises, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant’s sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. The provisions of this Article 26 Paragraph 25 shall not be deemed to limit survive any expiration or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the earlier termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrenderLease.

Holding Over. If Tenant holds over with Landlord’s express written consent after the expiration of the Lease Term, with Term or without the express or implied consent of Landlordearlier termination thereof, such tenancy shall be from month-to-month only. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof without Landlord’s express written consent, and such tenancy shall be a tenancy-at-sufferance. In either event, such holdovers shall not constitute a renewal hereof or an extension for any further term. In either event, and in such case Monthly addition to Tenant's Share of Direct Expenses, the Base Rent shall be payable (i) during the first 180 days of the holdover period shall be at a monthly rate equal to one hundred fifty percent (150%) 125% of the Monthly monthly Base Rent applicable during the last rental period of the Lease Term under this Lease and (provided that for the first month of any holdoverii) thereafter during a holdover period, Monthly Base Rent will be payable at the a monthly rate of 125equal to 150% of the Monthly monthly Base 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, covenant and agreement contained herein, and the month-to-month tenancy shall be terminable by Landlord or Tenant upon not less than 30 days' prior written notice. Nothing Notwithstanding the foregoing, nothing contained in this Article 26 16 shall be construed as consent by Landlord to any holding over by TenantTenant following the Lease Term, the termination of such month-to-month tenancy or following Landlord's earlier termination of this Lease due to an Event of Default, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other any such termination of this Lease. If Tenant holds over following the termination of the Lease Term, such month-to-month tenancy or following Landlord's earlier termination of this Lease due to an Event of Default, and tenders payment of rent for any period beyond the termination 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. The provisions of this Article 26 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if If Tenant fails to surrender the Premises upon following the termination of the Lease Term or expiration a month-to-month tenancy, or following Landlord's earlier termination of this Lease and if such holdover continues for thirty (30) days after the expiration due to an Event of the TermDefault, 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 against all claims 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, surrender and any losses suffered by Landlordlost profits to Landlord resulting therefrom. Tenant agrees that any proceedings necessary to recover possession of the Premises, including lost profitswhether before or after expiration of the Lease Term, resulting from such failure shall be considered an action to surrenderenforce the terms of this Lease for purposes of the awarding of any attorney’s fees in connection therewith.

Holding Over. If Tenant holds over after the expiration of the Lease Term, Term with or without the express or implied written consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to of (i) one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at two (2) months immediately following the rate of 125% of the Monthly Base Rent applicable during the last rental period expiration or earlier termination of the Lease Term under this Lease)Term, and (ii) two hundred percent (200%) thereafter. Such month-to-month 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 shall not constitute a renewal hereof or an extension for any further term, and in such case daily damages in any action to recover possession of the Premises shall be calculated at a daily rate equal to two hundred percent (200%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease (calculated on a per diem basis). Nothing contained in this Article 26 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender vacate and deliver possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if 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 surrender vacate and deliver the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the TermLease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 surrendervacate and deliver, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrendervacate 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. If Tenant holds over shall pay Landlord for each day Tenant retains possession of the Premises or part of them after termination of this Lease by lapse of time or otherwise at the rate (“Holdover Rate”) which shall be One Hundred Twenty-five Percent (125%) of the monthly Minimum Monthly Rent due for the Premises at the rate in effect immediately preceding the expiration of the Term of this Lease Term, with for each month or without the express or implied consent partial month of Landlord, such tenancy shall be from month-to-month onlyholdover up to sixty (60) days, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent thereafter One Hundred Fifty Percent (150%) of such Minimum Monthly Rent for each month or partial month of further holdover, plus Tenant’s Proportionate Share of Operating Costs, Real Estate Taxes and Insurance, prorated on a daily basis, and Tenant also pay all damages sustained by Landlord by reason of such retention. If Landlord gives notice to Tenant of Landlord’s election to such effect, such holding over shall constitute renewal of this Lease for a period from month to month at the Monthly Base Rent applicable during Holdover Rate, but if the last rental period Landlord does not so elect, no such renewal shall result notwithstanding acceptance by Landlord of any sums due hereunder after such termination; and instead, a tenancy at sufferance at the Lease Term Holdover Rate shall be deemed to have been created. In any event, no provision of this Section 38.2 shall be deemed to waive Landlord’s right of reentry or any other right under this Lease (provided or at law. Additionally, in the event that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions , Tenant has not fulfilled its obligation with respect to repairs and cleanup of this Article 26 shall not be deemed to limit the Premises or constitute a waiver of any other rights or remedies of Landlord provided herein or Tenant obligations as set forth in this Lease, then Landlord, after ten (10) days’ prior written notice to Tenant, shall have the right to perform any such obligations as it deems necessary at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease Tenant’s sole cost and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 surrenderexpense, and any losses suffered time required by Landlord, including lost profits, resulting from Landlord to complete such failure to surrenderobligations shall be considered a period of holding over and the terms of this section shall apply.

Holding Over. If Should Tenant holds over or any of its successors in interest ------------ continue to hold the Prime Premises after the expiration of the Lease Term, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions , whether such termination occurs by lapse of this Article 26 shall not be deemed to limit time or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without otherwise, with Landlord's consentacquiescence, and without any distinct agreement between the parties, such holding over may compromise or otherwise affect Landlord's ability shall constitute and be construed as a tenancy at sufferance at a monthly rental equal to enter into new leases with prospective tenants regarding one and one-fourth (1 1/4) times time monthly rental (including Base Monthly Rental and any adjusted and Additional Rent) provided herein at the Premises. Thereforetime of such termination, if Landlord elects to accept such rent. During such time as Tenant fails shall continue to surrender hold the Prime Premises upon after the termination or expiration hereof, Tenant shall be regarded as a tenant at sufferance and not a tenant at will; subject, however, to all the terms, provisions, covenants and agreements on the part of Tenant hereunder. No payments of money by Tenant to Landlord after the termination of this Lease shall reinstate, continue, renew or extend the Term and if 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. Tenant shall be liable to Landlord for all damage which Landlord shall suffer by reason of Tenant's holding over and Tenant shall indemnify, defend and hold Landlord harmless against all claims made by any other tenant or prospective tenant against Landlord resulting from delay by Landlord in delivering possession of the Prime Premises to such holdover continues for other tenant or prospective tenant. If Landlord accepts rent pursuant to this paragraph, Landlord shall always have the right to terminate Tenant's possession under this paragraph upon thirty (30) days after the expiration of the Term, in addition prior written notice to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 losses suffered by Landlord, including lost profits, resulting from such failure to surrenderTenant.

Holding Over. If In the event of holding over by Tenant holds over after the ------------ expiration or termination of the Lease Term, with or this lease without the express or implied written consent of Landlord, such tenancy shall be from month-to-month onlyholding over shall, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days days, be on all the same terms and conditions of this lease except 125% of Base Rental, Tenant's Forecast Additional Rental and Tenant's Additional Rental in effect as of the scheduled expiration date shall be due and owing. If such holdover exceeds thirty (30) days, Tenant shall pay as liquidated damages, solely for such holding over, 150% of the rent (including, without limitation, all Base Rental, Tenant's Forecast Additional Rental and Tenant's Additional Rental Adjustment as would have been payable if this lease had not so terminated or expired) for the entire holdover period. No holding over by Tenant after the term of this lease shall be construed to extend this lease. In the event of any unauthorized holding over, Tenant shall indemnify Landlord against all claims for damages by any other tenant to whom Landlord shall have leased all or any part of the Premises effective upon the termination of this lease so long as Landlord promptly notifies Tenant upon the execution by Landlord of any such lease of the Premises which will commence upon expiration of the Termterm of this lease. Any holding over with the express written consent of Landlord shall thereafter constitute this lease to be a lease from month to month at a Base Rental, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all 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 surrenderTenant's Forecast Additional Rental, and any losses suffered all other sums required to be paid by Landlord, including lost profits, resulting from such failure Tenant prior to surrenderthe expiration or termination of this lease as may be agreed to by Landlord and Tenant.

Holding Over. If Tenant fails to deliver possession of the Premises on the Termination Date, but holds over after the expiration or earlier termination of the this Lease Term, with or without the express or implied prior written consent of Landlord, such tenancy shall be construed, as a tenancy from month-to-month onlyon the same terms and conditions as are contained herein, and except that the Fixed Monthly Rent payable by Tenant during such period of holding over shall not constitute a renewal hereof or automatically increase as of the Termination to an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate amount equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% (1~) sixty (60) days and two hundred percent (200%) thereafter of the Fixed Monthly Base Rent applicable during payable by Tenant the last rental period of calendar month immediately prior to the Lease Term under this Leasedate when Tenant commences such holding over (the Holdover Rent). Such month-to-month tenancy Holdover Rent shall be subject paid during such period as Tenant retains possession of the Premises. However, 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 remedies with respect to every other applicable termsuch holding over, covenant and agreement contained herein. Nothing contained in this Article 26 nor shall it be construed as deemed to be a consent by Landlord to any holding over by Tenant's continued occupancy or possession of the Premises past the time period covered Tenant's payment of the Holdover Rent. Furthermore, and Landlord expressly reserves the right if Tenant fails to require Tenant to surrender deliver possession of the Premises to Landlord as provided in this Lease upon the expiration or other earlier termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for thirty (30) days after the expiration of the Termthen, 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 against all claims expenses) and liability resulting from such failure, including, including without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such arising out of Tenant's failure to so surrender, and any losses suffered by Landlordlost profits to Landlord resulting therefrom. Notwithstanding the provisions contained hereinabove regarding Tenant's liability for a continuing holdover, including lost profitsLandlord agrees to use commercially reasonable efforts to insert into any future lease of another tenant proposing to occupy the Premises provisions similar to those contained in Section 2.1, resulting from such failure to surrenderpermitting mitigation of Tenant's damages arising out of Tenant's temporary holdover.

Holding Over. If Tenant holds over Xxxxxx stays in possession of the apartment after the expiration end of the Lease TermAgreement, with or without Xxxxxx agrees to rent the express or implied consent premises on a daily basis of Landlord, such tenancy $100/day. All other terms and conditions of this Lease shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and remain in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) effect during Tenant’s possession of the Monthly Base Rent applicable during premises, unless otherwise agree to in writing by both Xxxxxx and Landlord. Additionally, if Tenant stays in possession after the last rental period end of the Lease Term under Agreement, Landlord shall have the right, at its sole discretion, to remove Tenant’s belongings to storage for a minimum charge of $160. Xxxxxx agrees to pay this Lease (provided that for the first month of charge and any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base 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, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration additional storage or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease and if such holdover continues for clearing charges due within thirty (30) days after the expiration of the Termstorage of said personal property, or the Landlord has explicit permission to dispose of any stored items, without liability and without waiver of any accrued charges. BROOKVIEW COMMONS GUARANTY OF LEASE IN CONSIDERATION OF, and to induce the execution and delivery of the aforesaid Lease, the undersigned Guarantors jointly and severally and coextensively with Tenant hereby unconditionally, absolutely and without limitation in addition time or amount, guarantees to the aforesaid Landlord the full and timely payment of rent and performance of all covenants, terms and conditions of the Tenant inuring to the Landlord under said Lease including any other liabilities to Landlord accruing therefrom, Tenant and all holdover periods or renewals or extensions thereof. Said guaranty shall protect, defend, indemnify and hold Landlord harmless from and against all claims resulting from such failureinclude the payment of Landlord's expenses, including, without limiting but not limited to, attorney's fees, incurred in enforcing this Guaranty. This Guaranty shall be a continuing Guaranty, not affected or diminished by any indulgence or extension of time that may be granted by the generality Landlord to the Tenant or by any amendment or modification of the foregoingLease, any claims made or by the Tenant's discharge in bankruptcy or by any succeeding tenant founded upon such failure assignment or subletting of the Lease. The validity or enforceability of this Guaranty shall not be affected by the invalidity or unenforceability of the Lease, including any defense that Tenant lacks sufficient legal capacity to surrenderenter into the Lease. Any notice or demand to the Tenant concerning any default or the exercise of any remedy of Landlord shall ipso facto be notice to the undersigned. The Landlord is not obligated, under the terms of this Guaranty, to seek or exhaust its remedies for default against the Tenant before recovering hereunder from the undersigned, and neither the release of any losses suffered guarantors or release of any security for the Tenant's obligations under the Lease shall constitute a defense to Landlord's recovery hereunder as to any party not expressly released. NOTE: THE ATTACHED ADDITIONAL AGREEMENT PROVISIONS, GUARANTY OF LEASE AND RULES AND REGULATIONS SHOULD BE INITIALED BY TENANT AND GUARANTOR AT TIME OF SIGNING. The undersigned acknowledges full knowledge of the terms and provisions of this Lease. This Guaranty shall be binding upon the heirs, personal representatives and assigns of the undersigned, and inure to the benefit of the Landlord's successors and assigns. Guarantor hereby waives the right to trial by jury in any action or proceeding that may hereafter be instituted by Landlord in respect of this Guaranty and hereby irrevocably appoints Tenant as its agent for service of process related to this Guaranty. Grantor waives the benefit of any statute of limitations affecting Guarantor's liability under this Guaranty. The Lease and this Guaranty shall be governed by and interpreted under the laws of the State of Connecticut. Guarantor: By; (print name) (signature) Relationship to Tenant: Drivers Lic #: Cell Phone: State Drivers Lic: Work Phone: Social Security #: City, State, Zip: Date: Address: BROOKVIEW COMMONS RULES AND REGULATIONS These Rules and Regulations are incorporated by reference into the Lease Agreement between Landlord and Tenant and are a part thereof. They are promulgated for the purpose of preserving the welfare, safety, and convenience of tenants in BROOKVIEW COMMONS and for the purposes of making a fair distribution of services and facilities for all tenants, and for the purpose of preserving Landlord, including lost profits, resulting 's property from such failure to surrenderabusive treatment.