Common use of Holding Over Clause in Contracts

Holding Over. Without Landlord’s prior written consent, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premises.

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

Holding Over. Without Landlord’s prior written consentThis Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant may after the expiration shall not occupy constitute a renewal or retainextension of this Lease, or allow give Tenant any subtenant rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to occupy remove its property or retain, possession to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Premises at any time after Term without the Term ends. If without Landlord’s prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant holds over after to the Term endsother. In either of such events, Landlord may regain possession shall be subject to all of the Premises by any legal process in force at such time. It will be conclusively presumed terms of this Lease, except that the value to Tenant monthly Basic Rent shall be the greater of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (a) one hundred fifty percent (150%) of the monthly installments of Base Basic Rent being paid for the month immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after preceding the date of termination or (b) the Term ends, plus any other Additional then currently scheduled Basic Rent or charges due, reasonable attorneys’ fees, and all court costs for comparable space in the Project. The acceptance by Landlord incurs of monthly holdover rental in regaining possession a lesser amount shall not constitute a waiver of the Premises and/or Landlord’s right to recover the foregoing amounts. Such damages full amount due for the first calendar month (or part thereof) during the any holdover period will be due and payable on the day immediately following the end of the Termby Tenant, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar monthunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the holdover period ends on a date other than Premises upon the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms expiration of this Lease will be forfeiteddespite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the The foregoing provisions of this Section 26.2 may result are in material damages addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesunder this Lease or at law.

Holding Over. Without Landlord’s prior written consent, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession expiration of the Premises by any legal process in force at Lease Term hereof, with or without the express or implied consent of Landlord, such time. It will tenancy shall be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term endsfrom month-to-month only, and the loss shall not constitute a renewal hereof or damage that Landlord may suffer as an extension for any further terms, and in such case Base Rent shall be payable at a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount monthly rate equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the monthly installments of Base Rent being paid immediately before applicable during the last rental period of the Lease Expiration DateTerm under this Lease. Notwithstanding anything set forth in this Article 16 to the contrary, plus escalationsTenant shall, Additional Rentin the event Tenant has not exercised any extension option, have the one-time right to extend the initial Term of the Lease for a period of up to three (3) months (“Temporary Extension Term”) by delivering written notice of the exercise of such right at least one hundred eighty (180) days prior to the expiration of the initial Lease Term, which notice shall specify the period of the Temporary Extension Term Tenant shall select (which period shall be not less than one (1) month nor more than three (3) months), and provided that, at Landlord’s option, and in addition to all remedies available to Landlord under this Lease, at law or in equity, Tenant is not in default under this Lease (after expiration of any other charges paid on an installment basis, for each month or part applicable notice and cure period) as of a month that Tenant occupies the Premises after the date Tenant delivers such notice to Landlord or the commencement of the Temporary Extension Term. If Tenant timely exercises such renewal right, all of the terms and conditions of this Lease shall apply during the Temporary Extension Term endsexcept that the monthly Base Rent payable by Tenant for such Temporary Extension Term shall be equal to one hundred twenty-five percent (125%) of the Base Rent payable during the last rental period under this Lease (in addition to Tenant’s other monetary obligations under this Lease). Any month-to-month tenancy shall be subject to every other term, plus any other Additional Rent or charges due, reasonable attorneys’ fees, covenant and all court costs agreement contained herein. Landlord incurs in regaining hereby expressly reserves the right to require Tenant to surrender possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of in this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of upon the terms, agreements, and conditions expiration or other termination of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the The provisions of this Section 26.2 may result in material damages Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord (including any damages provided herein or at law. Except with respect to Landlord in connection with its reletting Tenant’s occupancy of the Premises and/or during the Temporary Extension Term, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other portions of the Building). liabilities to Landlord accruing therefrom, Tenant will indemnifyshall protect, defend, indemnify and hold harmless, and defend Landlord harmless from all damagesloss, losses, and costs (including reasonable attorneys’ fees fees) and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy liability resulting from such failure, including, without limiting the generality of the Premisesforegoing, any claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining should remain in possession of all or any portion of the Premises Tenant Space after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had expiration of the Term continued during of this Lease (or any earlier termination of this Lease or the holdover period. If termination of Tenant’s right to possess the Tenant continues to occupy Space), without the Premises after execution by Landlord and Tenant of a new lease or an extension of the Term endsof this Lease, then Tenant will shall be liable deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to One Hundred Fifty Percent the Hold Over Percentage, as hereinafter defined, of the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and one hundred percent (150100%) of the monthly installments Additional Rent payable by Tenant to Landlord during the last month of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amountsthis Lease. Such damages The “Hold Over Percentage” shall be defined as 150% for the first calendar month sixty (60) days of hold over in the Tenant Space by Tenant, or anyone claiming by, through or under Tenant after the expiration of the Term of this Lease (or part thereofany earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space) during and 200% for any period of hold over by Tenant after the first sixty (60) days. The monthly rent payable for such holdover period will shall in no event be due and payable on the day immediately following the end construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and for each calendar month thereafter during notwithstanding any provision to the holdover periodcontrary contained herein, such damages will be due and payable on Landlord expressly reserves the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as right to require Tenant to surrender possession of the first day Tenant Space upon the expiration of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms Term of this Lease will be forfeited. Holdover occupancy by or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material collect damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesany such holdover.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy or retain, or allow any subtenant fails to occupy or retain, deliver possession of the Premises at any time after on the Term ends. If without Landlord’s prior written consent Tenant Termination Date, but holds over after the Term endsexpiration or earlier termination of this Lease without the express prior written consent of Landlord, Landlord may regain possession such tenancy shall be construed as a tenancy at sufferance on the same terms and conditions as are contained herein, except that the Fixed Monthly Rent payable by Tenant during such period of holding over shall automatically increase as of the Premises by any legal process in force at such time. It will be conclusively presumed that the value Termination Date to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the monthly installments of Base Fixed Monthly Rent being paid payable by Tenant for the calendar month immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after prior to the date when Tenant commences such holding over (the Term ends, plus “Holdover Rent”). During any other Additional period of holding over Tenant shall be obligated to pay Holdover Rent for a full calendar month whether or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs not Tenant remains in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will and there shall be no pro-rata apportionment of Holdover Rent. Tenant’s payment of such Holdover Rent, and Landlord’s acceptance thereof, shall not constitute a waiver by Landlord of any of Landlord’s rights or remedies with respect to such holding over, nor shall it be deemed earned to be a consent by Landlord as to Tenant’s continued occupancy or possession of the first day Premises past the time period covered by Tenant’s payment of such monththe Holdover Rent. Furthermore, and if Tenant will not be entitled fails to a refund or reduction deliver possession of Rent for any such partial month. Any security deposit provided the Premises to Landlord pursuant to upon the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions expiration or earlier termination of this Lease. , and Landlord has theretofore notified Tenant acknowledges and agrees in writing that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting requires possession of the Premises and/or for a succeeding tenant, then, in addition to any other portions of the Building). liabilities to Landlord accruing therefrom, Tenant will indemnifyshall protect, defend, indemnify and hold harmless, and defend Landlord harmless from all damagesloss, losses, and costs (including reasonable attorneys’ fees and all court costsexpenses) that Landlord suffers as a result and liability resulting from such failure, including without limiting the foregoing, any claims made by any succeeding tenant arising out of Tenant’s holdover failure to so surrender, and any lost profits to Landlord resulting therefrom. Notwithstanding the provisions contained hereinabove regarding Tenant’s liability for a continuing holdover, Landlord agrees to use and occupancy commercially reasonable efforts to insert into any future lease of another tenant proposing to occupy the PremisesPremises provisions similar to those contained in Section 2.1, permitting mitigation of Tenant’s damages arising out of Tenant’s temporary holdover.

Holding Over. Without If Tenant holds possession of the Property or any portion thereof after the term of this Lease WITH Landlord’s prior 's written consent, then except as otherwise specified in such consent, Tenant may shall become a tenant from month to month at one hundred twenty-five percent (125%) of the rental and otherwise upon the terms herein specified for the period immediately prior to such holding over and shall continue in such status until the tenancy is terminated by either party upon not occupy or retain, or allow any subtenant to occupy or retain, less than thirty (30) days prior written notice. If Tenant holds possession of the Premises at Property or any time portion thereof after the Term ends. If without term of this Lease WITHOUT Landlord’s prior 's written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term endsconsent, then Landlord in its sole discretion may elect (by written notice to Tenant) to have Tenant will be liable become a tenant either from month to pay to Landlord an amount equal to One Hundred Fifty Percent month or at will, at one hundred fifty percent (150%) of the monthly installments rental (prorated on a daily basis for an at-will tenancy, if applicable) and otherwise upon the terms herein specified for the period immediately prior to such holding over, or may elect to pursue any and all legal remedies available to Landlord under applicable law with respect to such unconsented holding over by Tenant. Tenant shall indemnify and hold Landlord harmless from any loss, damage, claim, liability, cost or expense (including reasonable attorneys' fees) resulting from any delay by Tenant in surrendering the Property or any portion thereof, including but not limited to any claims made by a succeeding tenant by reason of Base Rent being paid immediately before such delay; PROVIDED, however, that the Lease Expiration Dateindemnification and hold harmless obligation set forth in this sentence shall not apply with respect to any holdover period to which Landlord has consented in writing, plus escalations, Additional Rent, except to the extent either (i) Tenant fails to vacate and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies surrender the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following by the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than to which Landlord has thus consented, or (ii) Landlord advised Tenant in writing of Landlord's anticipated damages from Tenant's holding over at the last day time Landlord granted its written consent to such holding over. Acceptance of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned rent by Landlord as of the first day of such month, and Tenant will not be entitled to a refund following expiration or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms termination of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions shall not constitute a renewal of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premises.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy (directly or retain, or allow through any subtenant to occupy or retain, successor-in-interest of Tenant) remains in possession of the Premises at all or any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession portion of the Premises after the Term endsexpiration or termination of this Lease without the written consent of Landlord, Tenant’s continued possession shall be on the basis of a tenancy at the sufferance of Landlord. In such event, Tenant shall continue to comply with or perform all the terms and obligations of Tenant under this Lease, except that the loss or damage that Landlord may suffer as a result thereof, far exceed the Monthly Base Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will Tenant’s holding over shall be liable to pay to Landlord an amount equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the monthly installments of Monthly Base Rent being paid immediately before and Additional Charges payable in the last full month prior to the termination or expiration of this Lease Expiration Date, plus escalations, Additional (subject to a 3% increase on each anniversary of the Building 2 Commencement Date occurring after such holding over begins). In addition to Rent, Tenant shall pay Landlord for all damages proximately caused by reason of the Tenant’s retention of possession. Landlord’s acceptance of Rent after the termination of this Lease shall not constitute a renewal of this Lease, and nothing contained in this provision shall be deemed to waive Landlord’s right of re-entry or any other charges paid right hereunder or at law. Tenant acknowledges that, in Landlord’s marketing and re-leasing efforts for the Premises, Landlord is relying on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession Tenant’s vacation of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the TermExpiration Date. Accordingly, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will shall indemnify, defend and hold harmlessLandlord harmless from and against all claims, and defend Landlord from all damagesliabilities, losses, costs, expenses and costs damages arising or resulting directly or indirectly from Tenant’s failure to timely surrender the Premises, including (including reasonable attorneys’ fees i) any loss, cost or damages suffered by any prospective tenant of all or any part of the Premises, and all court costs(ii) that Landlord suffers Landlord’s damages as a result of Tenant’s holdover use and occupancy such prospective tenant rescinding or refusing to enter into the prospective lease of all or any portion of the Premises by reason of such failure of Tenant to timely surrender the Premises. Upon written request from Tenant received during the last three (3) months of the Lease, Landlord shall advise Tenant whether a new lease, or a letter of intent for a new lease, has been entered into for any portion of the Premises.

Holding Over. Without Landlord’s prior written consentThis Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant may after the expiration shall not occupy constitute a renewal or retainextension of this Lease, or allow give Tenant any subtenant rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to occupy remove its property or retain, possession to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Premises at any time after Term without the Term ends. If without Landlord’s prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant holds over after to the Term endsother. In either of such events, Landlord may regain possession shall be subject to all of the Premises by any legal process in force at such time. It will terms of this Lease, except that for the initial two (2) months of holdover the monthly Basic Rent shall be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the monthly installments Basic Rent for the month immediately preceding the date of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Renttermination, and any other charges paid on an installment basis, thereafter the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for each the month or part of a month that Tenant occupies the Premises after immediately preceding the date of termination or (b) the Term ends, plus any other Additional then currently scheduled Basic Rent or charges due, reasonable attorneys’ fees, and all court costs for comparable space in the Project. The acceptance by Landlord incurs of monthly holdover rental in regaining possession a lesser amount shall not constitute a waiver of the Premises and/or Landlord’s right to recover the foregoing amounts. Such damages full amount due for the first calendar month (or part thereof) during the any holdover period will be due and payable on the day immediately following the end of the Termby Tenant, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar monthunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the holdover period ends on a date other than Premises upon the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms expiration of this Lease will be forfeiteddespite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the The foregoing provisions of this Section 26.2 may result are in material damages addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesunder this Lease or at law.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining should remain in possession of all or any portion of the Premises Tenant Space after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had expiration of the Term continued during of this Lease (or any earlier termination of this Lease or the holdover period. If termination of Tenant’s right to possess the Tenant continues to occupy Space), without the Premises after execution by Landlord and Tenant of a new lease or an extension of the Term endsof this Lease, then Tenant will shall be liable deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to One Hundred Fifty Percent (150%) [***] of the monthly installments of Base Rent being paid immediately before payable by Tenant to Landlord during the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each last month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other of this Lease and [***] of the elements of Additional Rent or charges due, reasonable attorneys’ fees, and all court costs payable by Tenant to Landlord incurs in regaining possession during the last month of the Premises and/or to recover the foregoing amountsTerm of this Lease. Such The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for the first calendar month (such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or part thereof) during the earlier termination shall be deemed a consent to any holdover period will be due and payable on the day immediately following the end hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and for each calendar month thereafter during notwithstanding any provision to the holdover periodcontrary contained herein, such damages will be due and payable on Landlord expressly reserves the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as right to require Tenant to surrender possession of the first day Tenant Space upon the expiration of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms Term of this Lease will be forfeited. Holdover occupancy by or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material collect damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesany such holdover.

Holding Over. Without Landlord’s (a) Tenant must obtain the prior written consent, Tenant may not occupy or retain, or allow any subtenant consent of Landlord in order to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining remain in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover periodLease end. If Tenant continues to occupy remains in possession of the Premises after Lease end without obtaining the Term endsprior consent of Landlord: (i) such occupancy shall constitute an unlawful detainer of the Premises (and Tenant shall be subject to an unlawful detainer action therefor), then for which period of occupancy Tenant will be liable to shall pay to Landlord an a rental (and not a penalty) in the amount equal to One Hundred Fifty Percent of one hundred fifty percent (150%) of the monthly installments of Base last Rent being paid immediately before the Lease Expiration Datepayable by Tenant to Landlord, plus escalationsall other charges payable under this Lease; and (ii) Tenant shall reimburse Landlord within ten (10) business days after the receipt of an invoice therefor, Additional Rentaccompanied by such detail as may reasonably be requested by Tenant, and for all reasonable out-of-pocket costs, expenses, fees, charges or penalties incurred or payable by Landlord in connection with any other charges paid on an installment basis, tenant or lease for each month or part of a month that Tenant occupies the Premises after resulting from the date delay by Tenant in surrendering the Term endsPremises in accordance with the provisions of this Lease, plus any other Additional Rent including, without limitation, penalties or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs holdover rent paid or credit given to the next tenant for the Premises as a result of late delivery to such tenant of the Premises. (b) If Tenant remains in regaining possession of the Premises and/or to recover after Lease end with the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end prior consent of the Term, and for each calendar month thereafter during the holdover periodLandlord, such damages will occupancy shall be due and payable a tenancy from month-to-month on the first day all of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will and provisions of Utah law applicable to a month-to-month tenancy (which tenancy shall be forfeited. Holdover occupancy terminable as of the end of any calendar month by written notice given by either Party to the other at least fifteen (15) days prior to the end of the month concerned) at a rental (and not as a penalty) in the amount of one hundred twenty-five percent (125%) of the last Rent payable by Tenant will be subject to Landlord, plus all other charges payable under this Lease. (c) Notwithstanding anything contained in this Paragraph 17.2 to the contrary, on any termination of this Lease pursuant to Paragraphs 13 or 14, Tenant shall have up to thirty (30) days to surrender the terms, agreementsPremises after the effective date of such termination, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord Paragraph 17.2 shall not be applicable until after the expiration of such thirty (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premises30)-day period.

Holding Over. Without Landlord’s prior written consent, If the Tenant may not occupy or retain, or allow any subtenant to occupy or retain, holds over possession of the Premises at Leased Property or any time after part thereof beyond the Expiration Date or sooner termination of this Lease, such holding over shall not be deemed to extend the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of renew this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of but such holding over shall continue upon the terms, agreements, covenants and conditions of this Lease. Lease as a tenant at will except that the Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover charge for use and occupancy of the Premisesapplicable portion of the Leased Property for each calendar month or portion thereof that the Tenant holds over shall be a liquidated amount equal to one-twelfth (1/12th) of 1.5 times the Basic Rent and Supplemental Rent required to be paid by the Tenant for such portion of the Leased Property during the calendar year preceding the Expiration Date or sooner termination of this Lease multiplied by a fraction, the numerator of which shall be the number of days of such month during which the Tenant was in possession of such portion of the Leased Property and the denominator of which shall be the total number of days of such month. The parties recognize and agree that the damage to the Landlord resulting from any failure by the Tenant to timely surrender possession of the Leased Property will be extremely substantial, will exceed the amount of the monthly Basic Rent and Supplemental Rent payable hereunder and will be impossible to accurately measure. If the Leased Property is not surrendered upon the Expiration Date or sooner termination of this Lease, in addition to the use and occupancy charge set forth above, the Tenant shall indemnify and hold harmless the Landlord against any and all losses and liabilities resulting therefrom, including, without limitation, any claims made by any succeeding tenant founded upon such delay. Nothing contained in this Lease shall be construed as a consent by the Landlord to the occupancy or possession by the Tenant of the Leased Property beyond the Expiration Date or sooner termination of this Lease, and the Landlord, upon said Expiration Date or sooner termination of this Lease, or at any time thereafter (and notwithstanding that the Landlord may accept from the Tenant one or more payments called for by this Section 14.1), shall be entitled to the benefit of all legal remedies that now may be in force or may be hereafter enacted relating to the immediate repossession of the Leased Property. The provisions of this Article shall survive the Expiration Date or sooner termination of this Lease. Nothing in this Article 14 shall limit, negate or otherwise affect the Tenant's right to purchase the Leased Property in accordance with the terms of Article 15.

Holding Over. Without If Tenant, with or without Landlord’s prior written consent, Tenant may not occupy remains in possession of all or retain, or allow any subtenant to occupy or retain, possession part of the Premises at any time after the expiration or earlier termination of the Term endsof this Lease, such occupancy shall be a tenancy from month to month, only, upon all of the provisions of this Lease pertaining to the obligations of Tenant, except for Base Rent. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession expiration or earlier termination of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant Term of remaining in possession of the Premises after the Term ends, and the loss this Lease for thirty (30) days or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term endsless, then for such thirty (30) day hold-over period (or portion thereof) Tenant will be liable to shall pay to Landlord monthly Base Rent in advance in an amount equal to One Hundred Fifty Percent one hundred twenty-five percent (125%) of monthly Base Rent payable immediately preceding the expiration of the Term. If Tenant holds over for more than thirty (30) days after the expiration or earlier termination of the Term of this Lease, then for such hold-over period beginning on the thirty-first (31st) day after the expiration or earlier termination of the Term of this Lease, Tenant shall pay monthly Base Rent in advance in an amount equal to one hundred fifty percent (150%) of the monthly installments of Base Rent being paid payable immediately before preceding the Lease Expiration Date, plus escalations, Additional Rentexpiration of the Term. Nothing contained in this Section 25 shall be construed as consent by Landlord to any holding over by Tenant, and any other charges paid on an installment basis, for each month or part of a month that Landlord expressly reserves the right to require Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining to surrender possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of in this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of upon the terms, agreements, and conditions expiration or other termination of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the The provisions of this Section 26.2 may result 25 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease and Landlord provides Tenant with at least fifteen (15) business days prior written notice that Landlord has a signed proposal or lease from a succeeding tenant to lease the Premises, in material damages addition to any other liabilities to Landlord (including any damages to accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord harmless from all damagesloss, losses, and costs (including reasonable attorneys’ fees fees) and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy liability resulting from such failure, including, without limiting the generality of the Premisesforegoing, any claims made by any succeeding Tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom.

Holding Over. Without Landlord’s prior written consent, In the event of holding over by Tenant may not occupy after expiration or retain, other termination of this Lease or allow any subtenant to occupy or retain, possession of in the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If event Tenant continues to occupy the Premises after the Term endstermination of Tenant’s right of possession pursuant to Section 23.A(3) hereof, then occupancy of the Premises subsequent to such termination or expiration shall be that of a tenancy at sufferance and in no event for month-to-month or year-to-year. Tenant will shall, throughout the entire holdover period, be liable subject to all the terms and provisions of this Lease and shall pay to Landlord for its use and occupancy an amount (on a per month basis without reduction for any partial months during any such holdover) equal to One Hundred Fifty Percent one hundred fifty percent (or 150%) of the monthly installments of Base Rent being paid immediately before and Additional Rent which would have been applicable had the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month Term continued through the period of such holding over by Tenant. No holding over by Tenant or part payments of a month that money by Tenant occupies the Premises to Landlord after the date expiration of the Lease Term ends, plus any other Additional Rent shall be construed to extend the Lease Term or charges due, reasonable attorneys’ fees, and all court costs prevent Landlord incurs in regaining from recovery of immediate possession of the Premises and/or by summary proceedings or otherwise unless Landlord has sent written notice to recover Tenant that Landlord has elected to extend the foregoing amountsLease Term. Such damages for In addition to the first calendar month (or part thereof) obligation to pay the amounts set forth above during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the any such holdover period, such damages will Tenant shall also be due liable to Landlord for all damages, including, without limitation, any consequential damages, which Landlord may suffer by reason of any holding over by Tenant and payable on the first day of such calendar month. If the holdover period ends on a date Tenant shall also indemnify Landlord against any and all claims made by any other than the last day of a calendar month, such damages tenant or prospective tenant against Landlord for the entire calendar month in which the holdover period ends will be deemed earned delay by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting delivering possession of the Premises and/or to such other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisestenant or prospective tenant.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining remains in possession of the Demised Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) expiration of the monthly installments initial Lease Term or any renewal Term without the execution of a new lease, it shall be deemed to be a tenant from month-to-month, subject to all conditions, provisions and obligations of this Agreement insofar as the same are applicable to a month-to-month tenancy except that the Base Rent being paid shall be [Number] times the Base Rent applicable immediately before prior to the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end expiration of the Term. Use, Occupancy and Condition of Premises. With respect to use and occupancy: A) Use and Occupancy. Tenant shall use and occupy the Demised Premises for the commercial purpose of [Description of commercial purpose] and related activities. The Demised Premises shall be used for no other purpose without the advance written consent of Landlord.Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the Demised Premises for each calendar month thereafter during no unlawful purpose or act; shall commit or permit no waste or damage to the holdover periodDemised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such damages will as curtains, blinds or shades, shall be due and payable placed on the first day windows of such calendar monthDemised Premises unless approved by Landlord. If ☐ III. No smoking in the holdover period ends Demised Premises or within feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a date manner so as to be heard other than by persons who are within the last day Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a calendar monthtemperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, such damages for including but not limited to, corridors, all sidewalks in front of, on the entire calendar month side of, or in which the holdover period ends will be deemed earned by Landlord as back of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial monthDemised Premises. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premises.☐

Holding Over. Without Landlord’s prior written consentIf this Lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds shall then hold over after the Term endsExpiration Date or earlier termination of this Lease, irrespective of whether or not Landlord may regain possession of accepts Rental from Tenant for a period beyond the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession Expiration Date, Tenant’s occupancy of the Premises after the Term endsExpiration Date shall be upon all the terms set forth in this Lease except Tenant shall pay (a) for the first sixty (60) days of such holdover, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent one hundred fifty percent (150%) of (i) the monthly installments of applicable Base Rent being paid in effect immediately before the Lease holdover period began, and (ii) all applicable Additional Rent which would have been applicable had the Term continued through the period of such holding over by Tenant and (b) thereafter, two hundred percent (200%) of (i) the applicable Base Rent in effect immediately before the holdover period began, and (ii) all applicable Additional Rent which would have been applicable had the Term continued through the period of such holding over by Tenant. If Tenant shall holdover or remain in possession of any portion of the Premises beyond the Expiration Date, plus escalationswhether or not Landlord accepts any Rental for a period beyond the Expiration Date, Additional RentTenant shall be subject not only to summary proceeding and all damages related thereto, but also to any damages arising out of any lost opportunities (and/or new leases) by Landlord to relet the Premises (or any part thereof). Tenant hereby agrees to indemnify, defend and hold Landlord harmless against any other charges paid on an installment basisliability resulting from delay by Tenant in surrendering the Premises upon the expiration or sooner termination of this Lease, for each month including, without limitation, any claims made by any succeeding tenant or part prospective tenant founded upon such delay. All damages to Landlord by reason of such holding over by Tenant may be the subject of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, separate action and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will need not be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned asserted by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for in any such partial monthsummary proceedings against Tenant. Any security deposit provided to Landlord pursuant to the The terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of Article shall survive the terms, agreements, and conditions expiration or earlier termination of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premises.

Holding Over. Without Landlord’s prior written consent, 22.1 Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession 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 any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession expiration or earlier termination of the Premises by any legal process in force at such time. It Lease Term, then it will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term endspossession, and the loss or damage that will be suffered by Landlord may suffer as a result thereof, far exceed the Base Rent Tenant and additional rent that would have paid been payable had the Lease Term continued during the such holdover period. If Therefore, if Tenant continues to occupy (or anyone claiming through Tenant) does not immediately surrender the Premises after or any portion thereof upon the Term endsexpiration or earlier termination of the Lease Term, then the rent payable by Tenant will hereunder shall be liable increased to pay to Landlord an amount equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the monthly installments Base Rent, additional rent and other sums that would have been payable pursuant to the provisions of Base Rent being paid immediately before this Lease if the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amountshad continued during such holdover period. Such damages for the first calendar month (or part thereof) during the holdover period will rent shall be due computed by Landlord and payable paid by Tenant on the day immediately following the end of the Term, a monthly basis and for each calendar month thereafter during the holdover period, such damages will shall be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of and the first day of each calendar month Table of Contents thereafter during such month, and Tenant will not be entitled to a refund or reduction of Rent for holdover period until the Premises have been vacated. Notwithstanding any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions 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. Tenant acknowledges Any such holdover shall be deemed to be a tenancy-at-sufferance and agrees that Landlord intends to lease the Premises (in whole, in part, not a tenancy-at-will or as tenancy from month-to-month. In no event shall any holdover be deemed a part of a larger portion permitted extension or renewal of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmlessLease Term, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenantnothing contained herein shall be construed to constitute Landlord’s consent to any holdover use and occupancy of the Premisesor to give Tenant any right with respect thereto.

Holding Over. Without Landlord’s prior written consentIn the event Tenant or any party under Tenant claiming rights to this Lease, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in retains possession of the Premises after the Term endsexpiration or earlier termination of this Lease, such possession shall constitute and the loss or damage that Landlord may suffer be construed as a result thereoftenancy at will only, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term endssubject, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Datehowever, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreementsprovisions, covenants and conditions agreements on the part of this LeaseTenant hereunder; such parties shall be subject to immediate eviction and removal and Tenant or any such party shall pay Landlord as rent for the period of such holdover an amount equal to one and one-half (1-1/2) times the Basic Annual Rent and Additional Rent (as hereinafter defined) in effect immediately preceding expiration or termination, as applicable, prorated on a daily basis. Tenant acknowledges and agrees that shall also pay actual damages sustained by Landlord intends to lease the Premises (in whole, in part, or as a part by reason of a larger portion of the Building) to another tenant immediately Tenant's holding over after the Term ends and Required Vacancy Date (hereinafter defined); provided that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Tenant shall be liable for lost profits and/or penalties incurred by Landlord in connection with its reletting a lease of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers to a third party as a result of Tenant’s holdover use and occupancy 's holding over only if Landlord gives a written notice to Tenant (i) stating that Landlord has entered into a lease with a proposed tenant covering the Premises or a portion thereof and, if less than the entire Premises, identifying the portion of the Premises leased, and (ii) setting forth a date (the "Required Vacancy Date") on which Landlord requires Tenant to vacate the Premises, which date shall be no earlier than the later to occur of (i) thirty (30) days after Tenant's receipt of Landlord's notice, or (ii) the Expiration Date, and Tenant fails to vacate the Premises (or the portion thereof subject to a third-party lease) on or before the Required Vacancy Date. The rent during such holdover period shall be payable to Landlord from time to time on demand; provided, however, if no demand is made during a particular month, holdover rent accruing during such month shall be paid in accordance with 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 term 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 any way 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 be entitled to the payment of its reasonable legal fees in the event that Landlord prevails in a forcible detainer action brought by Landlord.

Holding Over. Without Landlord’s prior written consentTenant acknowledges that it is extremely important that Landlord have substantial advance notice of the date on which Tenant will vacate the Premises. Therefore, if Tenant may (or anyone claiming through Tenant) does not occupy immediately surrender the Premises or retainany portion thereof upon the expiration or earlier termination of the Lease Term, then the rent payable by Tenant hereunder shall be increased to equal the greater of (1) fair market rent for the entire Premises, or allow any subtenant to occupy or retain, possession (2) the following percentages of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term endsBase Rent, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed additional rent and other sums that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid been payable pursuant to the provisions of this Lease if the Lease Term had the Term continued during the such holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent : one hundred fifty percent (150%) for each of the monthly installments first three (3) months of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, such holdover; and any other charges paid on an installment basis, two hundred percent (200%) for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amountsthereafter. Such damages for the first calendar month (or part thereof) during the holdover period will rent shall be due computed by Landlord and payable paid by Tenant on the day immediately following the end of the Term, a monthly basis and for each calendar month thereafter during the holdover period, such damages will shall be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of and the first day of each calendar month thereafter during such month, and Tenant will not be entitled to a refund or reduction of Rent for holdover period until the Premises have been vacated. Notwithstanding any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions 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. Tenant acknowledges Any such holdover shall be deemed to be a tenancy-at-sufferance and agrees that Landlord intends to lease the Premises (in whole, in part, not a tenancy-at-will or as tenancy from month-to-month. In no event shall any holdover be deemed a part of a larger portion permitted extension or renewal of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmlessLease Term, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenantnothing contained herein shall be construed to constitute Landlord’s consent to any holdover use and occupancy of the Premisesor to give Tenant any right with respect thereto.

Holding Over. Without Landlord’s prior written consent, Should Tenant may not occupy or retain, or allow any subtenant of its successors in interest continue to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of hold the Premises after the Term endstermination of this Lease, whether such termination occurs by lapse of time or otherwise, with Landlord's acquiescence, and without any distinct agreement between the loss or damage that Landlord may suffer parties, then for the first six (6) month period of such holding over by Tenant, such holding over shall constitute and be construed as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant tenancy at will be liable to pay to Landlord an amount at a monthly rental equal to One Hundred Fifty Percent 125% of the monthly rental (including Base Monthly Rental and any adjusted and additional rent) provided herein at the time of such termination. At all times following the first six (6) month period of such holding over by Tenant, such holding over shall then constitute and be construed as a month to month tenancy at will at a monthly rental equal to one hundred fifty percent (150%) of the monthly installments of rental (including Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, Monthly Rental and any other charges paid adjusted and additional rent). At all times during the period of such holding over by Tenant (but only during such period of such holding over by Tenant and not prior to the expiration of the normal term of this Lease), Tenant shall be entitled to terminate this Lease upon thirty (30) days prior written notice to Landlord. Similarly, at all times following the first six (6) month period of such holding over by Tenant, Landlord shall be entitled to terminate this Lease upon sixty (60) days prior written notice to Tenant and at all times following the expiration of such sixty (60) day notice period from Landlord to Tenant, Tenant shall be regarded as a tenant at sufferance and not as a tenant at will; subject, however, to all the terms, provisions, covenants and agreements on an installment basis, for each month or the part of a month that Tenant occupies hereunder. At all times during the Premises period of such tenancy at sufferance, no payments of money by Tenant to Landlord after the date termination of this Lease shall reinstate, continue, renew or extend the Term endsand no extension of this Lease after the termination hereof shall be valid unless and until the same shall be reduced to writing and signed by both Landlord and Tenant. With respect to such tenancy at sufferance, plus 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 Additional Rent tenant or charges due, reasonable attorneys’ fees, and all court costs prospective tenant against Landlord incurs resulting from delay by Landlord in regaining delivering possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (such other tenant or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesprospective tenant.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy or retain, or allow any subtenant to occupy or retain, retains possession of the Premises at any time Property after the Term ends. If without Landlord’s prior written consent Expiration Date, Tenant holds shall pay Base Rent during such holding over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent one hundred percent (150100%) of the monthly installments Base Rent in effect immediately preceding such holding over for the first month of holdover, and thereafter at one hundred twenty-five percent (125%) of Base Rent being paid in effect immediately before the Lease Expiration Datepreceding such holding over, plus escalations, Additional Rent, and any other charges paid computed on an installment basis, a monthly basis for each month or part of a prorated for each partial month that Tenant occupies the Premises after the date the Term ends, plus remains in possession. The provisions of this Section do not waive Landlord’s right of re-entry or right to regain possession by actions at law or in equity or any other Additional Rent or charges due, reasonable attorneys’ feesrights hereunder, and all court costs any receipt of payment by Landlord incurs shall not be deemed a consent by Landlord to Tenant’s remaining in regaining possession or be construed as creating or renewing any lease or right of tenancy between Landlord and Tenant. If Tenant shall default in so surrendering the Premises and/or Property, Tenant’s occupancy subsequent to recover the foregoing amounts. Such damages for the first calendar month (such expiration or part thereof) during the holdover period will termination shall be due and payable on the day immediately following the end deemed to be that of the Terma tenant at will, and for each calendar in no event, from month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar to month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will shall be subject to all of the terms, agreementscovenants, and conditions of this LeaseLease applicable thereto, and no extension or renewal of this Lease shall be deemed to have occurred by such holding over. Tenant acknowledges and agrees that Landlord intends Notwithstanding anything contained in this Lease to lease the Premises (in wholecontrary, in partthe event any applicable federal, state, or as a part local law, code, or regulation, including, without limitation, applicable healthcare laws, codes, or regulations, limit the period of a larger portion any such holdover, Landlord and Tenant shall comply therewith. Notwithstanding the foregoing, if an Event of Default occurs pursuant to which Landlord enters and retakes possession of the Building) Property, and any Health Information or Individually Identified Health Information (“PHI”), as defined pursuant to another tenant immediately after 45 CFR 160.103, is at the Term ends Property at the time of such entry and that any breach retaking, Landlord shall promptly relinquish possession of all such PHI to Tenant or other violation of Tenant’s legal representative and Landlord hereby relinquishes all claims to such PHI and shall comply with the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building8.1(l). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premises.

Holding Over. Without Landlord’s TENANT will have no right to remain in possession of all or any part of the Leased Premises after the expiration of the term. If TENANT remains in possession of all or any part of the Leased Premises after the expiration of the term, with the express or implied consent of LANDLORD: (a) such tenancy will be deemed to be a periodic tenancy from month-to-month only; (b) such tenancy will not constitute a renewal or extension of this LEASE for any further term; and (c) such tenancy may be terminated by LANDLORD upon the earlier of 30 days’ prior written consent, Tenant may not occupy notice or retain, or allow the earliest date permitted by law. The parties recognize and agree that the damage to LANDLORD resulting from any subtenant failure by TENANT to occupy or retain, timely surrender possession of the Leased Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term endssubstantial, and the loss or damage that Landlord may suffer as a result thereof, far will exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rentrent payable hereunder, and will be impossible to measure accurately. TENANT therefore agrees that if possession of the Leased Premises is not surrendered to LANDLORD upon the Expiration Date or sooner termination of the LEASE, in addition to any other charges paid on an installment basisrights or remedies LANDLORD may have hereunder or at law, TENANT shall pay to LANDLORD, as liquidated damages, for each month or part and for each portion of a any month that Tenant occupies during which TENANT holds over in the Leased Premises after the date the Term ends, plus any other Additional Rent Expiration Date or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms sooner termination of this Lease will be forfeited. Holdover occupancy by Tenant will be subject LEASE, a sum equal to all one and one half (1-1/2) times the aggregate of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) Monthly 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 another tenant immediately permit TENANT to retain possession of all or any part of the Leased Premises after the Term ends and that any breach Expiration Date or other violation sooner termination of the LEASE. The provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting 26.11 shall survive the Expiration Date or sooner termination of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesthis LEASE.

Holding Over. Without Landlord’s prior written consent, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over in possession after the Term ends, Landlord may regain possession expiration or sooner termination of the Premises by any legal process in force at Term of the Lease, as same may be extended, such time. It will holding over shall not be conclusively presumed deemed to extend the Term or renew this Lease, but such holding over thereafter shall continue upon the covenants and conditions herein set forth except that the value to Tenant charge for use and occupancy of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and such holding over for each calendar month thereafter during the holdover period, or part thereof (even if such damages will part shall be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day small fraction of a calendar month) shall be equal to, for the first thirty (30) days of such holdover, one hundred fifty percent (150%), and thereafter, two hundred percent (200%), of the Fixed Rent and payable for the immediately preceding monthly installment of Fixed Rent, together with one hundred percent (100%) of all Additional Rent due hereunder. Neither the billing nor the collection of use and occupancy in the above amount shall be deemed a waiver of any right of Landlord to collect damages for Tenant’s failure to vacate the entire calendar month in which demised premises after the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund expiration or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions sooner termination of this Lease. Tenant acknowledges and agrees that Landlord intends to lease If Tenant’s holdover shall continue for sixty (60) days beyond the Premises (in whole, in part, expiration or as a part of a larger portion sooner termination of the BuildingTerm of this Lease, Tenant shall be liable to Landlord for and indemnify Landlord against (a) any payment or rent concession which Landlord may be required to another make to any tenant immediately after the Term ends and that obtained by Landlord for all or any breach or other violation party of the provisions of this Section 26.2 may result in material damages to Landlord demised premises (including any damages to Landlord in connection with its reletting a “New Tenant”) by reason of the Premises and/or other portions late delivery of space to the Building). New Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy holding over or in order to induce such New Tenant not to terminate its lease by reason of the Premisesholding over by Tenant; (b) the loss of the benefit of the bargain is any New Tenant shall terminate its lease by reason of the holding over by Tenant; and (c) any claim for damages by any New Tenant. The provisions of this Article shall survive the expiration or sooner termination of this Lease.

Holding Over. Without If Tenant, without the written consent of Landlord’s prior written consent, Tenant may holds over and does not occupy or retain, or allow any subtenant to occupy or retain, surrender possession of the Premises upon the expiration of the Term or sooner termination of this Lease, then such holding over shall be treated as a month-to-month tenancy upon the terms and conditions set forth in this Lease except that the monthly Base Rent (or daily rent if Landlord does not elect to create a month to month tenancy) shall be equal to one hundred twenty five percent (125%) of the Base Rent owed to Landlord under this Lease immediately prior to such expiration or termination for the first 4 months of such hold over period and one hundred twenty five percent (150%) of the Base Rent owed to Landlord under this Lease immediately prior to such expiration or termination thereafter. Either party may thereafter terminate the tenancy as of the end of any calendar month by written notice to the other party at least thirty (30) days before the last day of the month. Notwithstanding the foregoing, Landlord may terminate the Lease at any time after the Term endsif Tenant is in default. If Tenant shall be liable to Landlord for all damages that Landlord suffers because of any holding over by Tenant, and Tenant shall indemnify, defend and hold Landlord harmless from and against all claims (including actual damages and attorney fees and costs) resulting from Tenant’s retention of possession, including, without limitation, Landlord’s prior written consent Tenant holds over after actual damages as a result of such prospective tenant rescinding or refusing to enter into the Term ends, Landlord may regain possession prospective lease of all or any portion of the Premises by any legal process in force at reason of such timefailure of Tenant to timely surrender the Premises. It will be conclusively presumed that the value Landlord may elect to treat Tenant of as remaining in possession of the Premises after until such time as Tenant completes its surrender obligations and removes all of its personal property from the Term ends, and the loss or damage that Premises. The provisions of this Article shall not constitute a waiver by Landlord may suffer of any right of re-entry as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) provided in this Lease nor shall receipt of the monthly installments of any Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession any other apparent affirmance of the Premises and/or tenancy operate as a waiver of Landlord’s right to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of terminate this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all for a breach of the any terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in partcovenants, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of obligations contained in this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Lease on Tenant’s holdover use and occupancy of the Premisespart to be performed.

Holding Over. Without Landlord’s prior written consent, Tenant may will not occupy or retain, or allow any subtenant be permitted to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds hold over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the expiration or earlier termination of the Term endswithout the express written consent of Landlord, and the loss or damage that which consent Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover periodwithhold in its sole and absolute discretion. If Tenant continues to occupy the Premises holds over after the expiration or earlier termination of the Term endswith or without the express written consent of Landlord, then then, in addition to all other remedies available to Landlord, Tenant will be liable shall become a tenant at sufferance only, upon the terms and conditions set forth in this Lease so far as applicable (including Tenant’s obligation to pay to Landlord an amount all Additional Rent under this Lease), but at a Monthly Base Rent equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the monthly installments of Monthly Base Rent being paid applicable to the Premises immediately before prior to the Lease Expiration Date, plus escalations, Additional Rent, and any other charges date of such expiration or earlier termination. Any such holdover Rent shall be paid on an installment basis, a per month basis without reduction for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) partial months during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar monthholdover. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned Acceptance by Landlord as of the first day of Rent after such month, and Tenant will expiration or earlier termination shall not be entitled constitute consent to a refund hold over hereunder or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions result in an extension of this Lease. This Section 21.2 shall not be construed to create any express or implied right to holdover beyond the expiration of the Term or any extension thereof. Tenant acknowledges shall be liable, and agrees that shall pay to Landlord intends to lease the Premises within ten (in whole10) days after demand, in part, or for all losses incurred by Landlord as a part result of a larger portion of the Building) to another tenant immediately after the Term ends such holdover, and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will shall indemnify, defend and hold harmlessLandlord and the Landlord Parties harmless from and against all liabilities, and defend Landlord from all damages, losses, claims, suits, costs and costs expenses (including reasonable attorneys’ fees and all court costs) that Landlord suffers as arising from or relating to any such holdover tenancy, including without limitation, any claim for damages made by a result of succeeding tenant. Tenant’s holdover use indemnification obligation hereunder shall survive the expiration or earlier termination of this Lease. The foregoing provisions of this Section 21.2 are in addition to, and occupancy do not affect, Landlord’s right of the Premisesre-entry or any other rights of Landlord hereunder or otherwise at law or in equity.

Holding Over. Without Landlord’s prior written consent, (a) If Tenant may not occupy or retain, or allow any subtenant to occupy or retain, retains possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession portion of the Premises after the Term endsexpiration or the earlier termination of this Lease, and then, unless City expressly agrees to the loss or damage that Landlord may suffer as a result thereofHoldover in writing, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to a tenant at sufferance and Tenant will pay to Landlord an amount City pay Base Rent equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the monthly installments of latest Base Rent being paid immediately payable by Tenant before the expiration or termination of the Lease, [together with one hundred fifty percent (150%) of the Percentage Rent shown in the Basic Lease Expiration DateInformation, plus escalationsand ]together with an amount estimated by City for the Additional Charges, Additional and will otherwise be on the terms and conditions specified in this Lease so far as applicable (except for those pertaining to the Term and any Extension Options). Any failure by Tenant to surrender, discontinue using, or, if required by City, any failure to remove any property or equipment following written demand by City, will constitute Tenant’s holding over without City’s consent for purposes of this Section. Tenant acknowledges that the foregoing provisions do not serve as permission for the Tenant to hold over or serve to extend the Term. Any Holdover without City’s consent will constitute a default by Tenant and entitle City to exercise any or all of its remedies, notwithstanding that City may elect to accept one or more payments of Rent, and any other charges paid on an installment basis, for each month whether or part of a month that Tenant occupies not the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during amounts are at the holdover period will be due and payable on rate specified above or the day immediately following rate in effect at the end of the Term. (b) Any holding over after the expiration of the Term with City’s express written consent will be construed to automatically extend the Term on a month-to-month basis at a Base Rent equal to one hundred fifty percent (150%) of the latest Base Rent payable by Tenant before the expiration, [together with one hundred fifty percent (150%) of the Percentage Rent shown in the Basic Lease Information, and ] together with an amount estimated by City for each calendar month thereafter during the holdover periodmonthly Additional Charges, such damages and will otherwise be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages terms and conditions specified in this Lease so far as applicable (except for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant those pertaining to the terms of Term and any Extension Options). (c) Tenant’s obligations under this Lease Section will be forfeited. Holdover occupancy by Tenant will be subject to all of survive the terms, agreements, and conditions expiration or termination of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premises.

Holding Over. Without Landlord’s prior written consentUnless Landlord expressly consents in writing to Tenant's holding over, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, shall be unlawfully and illegally in possession of the Premises at Premises, whether or not Landlord accepts any time after the Term ends. If without Landlord’s prior written consent rent from Tenant holds over after the Term ends, Landlord may regain possession of the Premises by or any legal process in force at such time. It will be conclusively presumed that the value to other person while Tenant of remaining remains in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover periodwithout Landlord's written consent. If Tenant continues to occupy shall retain possession of the Premises after or any portion thereof without Landlord's consent following the Term endsexpiration of this Lease or sooner termination for any reason, then Tenant will be liable to shall pay to Landlord an amount equal to One Hundred Fifty Percent for each day of such retention the amount-greater of one-hundred and fifty percent (150150.0%) of the monthly installments amount of Base the daily rental as of the last month prior to the date of expiration or earlier termination or one-hundred and fifty percent (150.0%) of the then current market rent for comparable space in Mountain View. Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, including consequential and incidental damages and reasonable attorneys' fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by the succeeding tenant founded on such delay. Acceptance of Rent being paid immediately before by Landlord following expiration or earlier termination of this Lease, or following demand by Landlord for possession of the Lease Expiration DatePremises, plus escalationsshall not constitute a renewal of this Lease, Additional Rentand 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 other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned time required by Landlord as to complete such obligations shall be considered a period of the first day of such month, holding over and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeitedParagraph 25 shall apply. Holdover occupancy by Tenant will be subject to all The provisions of the terms, agreements, and conditions this Paragraph 25 shall survive any expiration or earlier termination of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premises.

Holding Over. Without Landlord’s prior written consent40.01. 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 may not occupy or retain, or allow any subtenant to occupy or retain, 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 time after the Term ends. If without manner limiting Landlord’s prior written consent 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 after in the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Demised Premises after the Term endsexpiration or termination of this Lease, and the loss or damage that Landlord may suffer as in addition to all Additional Rent otherwise required to be paid hereunder, a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount sum equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the monthly installments of Fixed Base Rent being paid immediately before the which was payable under this Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end last month of the Term. In addition, Tenant agrees to indemnify and for each calendar month thereafter during the holdover period, such damages will be due save Landlord harmless from and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to against all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damagesclaims, losses, damages, liabilities, costs and costs expenses (including including, without limitation, reasonable attorneys’ fees and all court costsdisbursements) that Landlord suffers as a result of Tenant’s holdover use and occupancy resulting from Tenant failing to so surrender the Premises within thirty (30) days after the expiration or termination of the PremisesTerm, including, without limitation, any claims made by any succeeding tenant founded on such delay exceeding thirty (30) days. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Demised Premises after the expiration or termination of this Lease or to limit in any manner Landlord’s right to regain possession of the Demised Premises through summary proceedings, or otherwise, and no acceptance by Landlord of payments from Tenant after the expiration or termination of this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 40. The provisions of this Article 40 shall survive the expiration or termination of this Lease.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy (or retain, or allow any subtenant to occupy or retain, possession anyone claiming through Tenant) shall remain in occupancy of the Premises at or any time part thereof after the Term ends. If without Landlord’s prior written consent Tenant holds over after expiration or early termination of the Term endswithout a written agreement therefor executed and delivered by Landlord, then without limiting Landlord's other rights and remedies the person remaining in possession shall be deemed a tenant at sufferance, and Tenant shall thereafter pay monthly rent (pro rated for such portion of any partial month as Tenant shall remain in possession) at a rate equal to the Holdover Rate (defined below) times the greater of (a) fair market rent, or (b) the amount payable as Annual Base Rent for the twelve-month period immediately preceding such expiration or termination, and in either case with all Additional Rent also payable as provided in this Lease. The Holdover Rate shall be 110% for the first month of holding over, 120% for the second month of holding over, 130% for the third month of holding over and 150% for each month thereafter. After Landlord's acceptance of the full amount of such rent for the first month of such holding over, the person remaining in possession shall be deemed a tenant at will at such rent and otherwise subject to all of the provisions of this Lease. Notwithstanding the foregoing, if Landlord may desires to regain possession of the 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 Premises or any part thereof without process or by any legal process in force at such timein the state where the Property is located. It will be conclusively presumed that the value to In any case, Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be shall remain liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, lossesincluding consequential damages, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of resulting from any failure by Tenant to vacate the PremisesPremises or any portion thereof when required hereunder.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining should remain in possession of all or any portion of the Premises Tenant Space after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had expiration of the Term continued during of this Lease (or any earlier termination of this Lease or the holdover period. If termination of Tenant’s right to possess the Tenant continues to occupy Space), without the Premises after execution by Landlord and Tenant of a new lease or an extension of the Term endsof this Lease, then Tenant will shall be liable deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the monthly installments of Base Rent being paid immediately before payable by Tenant to Landlord during the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each last month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other of this Lease and one hundred percent (100%) of the Additional Rent or charges due, reasonable attorneys’ fees, and all court costs payable by Tenant to Landlord incurs in regaining possession during the last month of the Premises and/or to recover the foregoing amountsTerm of this Lease. Such The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for the first calendar month (such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or part thereof) during the earlier termination shall be deemed a consent to any holdover period will be due and payable on the day immediately following the end hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and for each calendar month thereafter during notwithstanding any provision to the holdover periodcontrary contained herein, such damages will be due and payable on Landlord expressly reserves the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as right to require Tenant to surrender possession of the first day Tenant Space upon the expiration of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms Term of this Lease will be forfeited. Holdover occupancy by or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material collect damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesany such holdover.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy or retain, or allow shall for any subtenant to occupy or retain, reason remain in ------------ possession of the Premises at any time Leased Property after the Term ends. If without Landlord’s prior written consent Tenant holds over after expiration of the Term ends, Landlord may regain possession or earlier termination of the Premises by any legal process in force at such time. It will be conclusively presumed that Term (other than solely due to Lessor's failure, on or prior to (a) the value to Tenant of remaining in possession ninetieth (90th) day preceding the expiration of the Premises after Term as to such Leased Property or (b) if this Lease is terminated prior to such expiration due to Lessor's default, the earlier termination of the Term endsas to such Leased Property, and to have notified Tenant that Lessor has procured a Qualified Successor for such Leased Property), such possession shall, at the loss or damage that Landlord may suffer option of Lessor in its sole discretion as to each such Leased Property, be as a result thereof, far exceed the Rent month-to-month tenant during which time Tenant would have paid had the Term continued during the holdover period. If Tenant continues shall pay as rental each month (which rental constitutes liquidated damages with respect to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basisnot a penalty for the period to which it relates), for each month or part one and one-half times the aggregate of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession (i) one-twelfth of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due aggregate annual amounts of Current Rent and Accrued Rent payable on the day immediately following as of the end of the Termpreceding Term and, and for each calendar in the case of a month-to-month thereafter tenancy as to less than all of the Leased Properties, allocable to the Leased Property(ies) in question in accordance with Section 16.9 hereof; (ii) all ------------ Additional Charges accruing during the holdover periodmonth and (iii) all other sums, such damages will be due and if any, payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms provisions of this Lease will with respect to the Leased Property(ies) in question. During such period of month-to-month tenancy, Tenant shall be forfeited. Holdover occupancy by Tenant will be subject obligated to perform and observe all of the terms, agreements, covenants and conditions of this Lease. Tenant acknowledges Lease with respect to the Leased Property(ies) in question, but shall have no rights hereunder other than the right, to the extent given by law to month-to-month tenancies to continue its occupancy and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion use of the Building) applicable Leased Property. Subject to another tenant immediately Section 40.3, nothing contained herein ------------ shall constitute the consent, express or implied, of Lessor to the holding over of Tenant after the Term ends and that any breach expiration or other violation of the provisions earlier termination of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the PremisesLease.

Holding Over. Without Landlord’s prior written consent, Tenant may not occupy or retain, or allow any subtenant shall have no right whatsoever to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining remain in possession of the Premises after following the Term endsexpiration or earlier termination of the Lease Term, whether or not Landlord has given Tenant notice to vacate. If Tenant does not immediately surrender the Premises upon the expiration or earlier termination of the Lease Term, then Tenant shall become a tenant at sufferance subject to immediate eviction by Landlord at any time, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues rent shall be increased to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent the greater of (x) 150%) % of the monthly installments of Base Annual Fixed Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, calculated at the highest rate payable under the terms of this Lease during the first 30 days of any such holdover and all court costs Landlord incurs in regaining possession 200% of the Premises and/or to recover Annual Fixed Rent and Additional Rent calculated at the foregoing amountshighest rate payable under the terms of this Lease thereafter, or (y) 150% of the fair market rental value of the Premises. Such damages for the first calendar month (or part thereof) during the holdover period will rent shall be due computed on a monthly basis and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will shall be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of and the first day of each calendar month thereafter during such monthholdover period until the Premises have been vacated. Landlord’s acceptance of such rent shall not in any manner adversely affect Landlord’s other rights and remedies, including Landlord’s right to evict Tenant and to recover damages, and Tenant will not shall be entitled to a refund liable for all loss, cost and damage incurred by Landlord resulting from Tenant’s failure and delay in surrendering the Premises. All property which remains in the Building or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms Premises after the expiration or termination of this Lease will shall be forfeitedconclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. Holdover occupancy If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other charges payable hereunder by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including and any damages to which Landlord may be entitled under this Lease and at law and in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesequity.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy or retain, anyone claiming under or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent through Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining shall remain in possession of the Demised Premises or any part thereof after the Term endsexpiration of the term of this Lease without any agreement in writing between Landlord and Tenant with respect thereto, Tenant shall: (a) be deemed a tenant at sufferance, and such occupancy during such holding shall be subject to all of the loss or damage that Landlord may suffer as a result thereofapplicable tem1s and conditions of this Lease other than Base Rent and those relating to the length of term, far exceed and in addition to the Rent Rents (other than Base Rent) payable pursuant to this Lease, Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to shall pay to Landlord an amount equal to One Hundred Fifty Percent the greater of (150%i) of the monthly installments then fair market rental for the Demised Premises, or (ii) two (2) times the annual rate (determined on a per diem basis, based on a 365-day year) of Base Rent being paid immediately before payable during the last year of the tenn of this Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises and every day after the date expiration of the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, tenn of this Lease up to and all court costs Landlord incurs in regaining including the day that vacant possession of the Demised Premises and/or is surrendered (and acceptance of Rent or other payments by Landlord shall not create a new or additional tenancy other than as aforesaid); (b) be liable to recover the foregoing amounts. Such damages Landlord for the first calendar month (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part thereof) during the holdover period will be due and payable on the day immediately following the end of the TermDemised Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, and for each calendar month thereafter during (ii) the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as loss of the first day benefit of such monththe bargain if any New Tenant shall terminate its lease by reason of the holding-over by Tenant; and (c) indemnify Landlord against all claims for damages by any New Tenant. No holding-over by Tenant, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided the payment to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the termsamounts specified above, agreements, and conditions shall operate to extend the term of this Lease. Nothing herein contained shall be deemed to permit Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion retain possession of the Building) to another tenant immediately Demised Premises after the Term ends Expiration Date or sooner termination of this Lease, and that any breach no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner tem1ination of the term of this Lease shall be deemed to be other violation than on account of the amount to be paid by Tenant in accordance with the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the PremisesSection.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining should remain in possession of all or any portion of the Premises Tenant Space after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had expiration of the Term continued during of this Lease (or any earlier termination of this Lease or the holdover period. If termination of Tenant’s right to possess the Tenant continues to occupy Space), without the Premises after execution by Landlord and Tenant of a new lease or an extension of the Term endsof this Lease, then Tenant will shall be liable deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the monthly installments of Base Rent being paid immediately before and Additional Rent payable by Tenant to Landlord during the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each last month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such as liquidated damages for the first calendar month (such retention of possession, nor shall such monthly rent be considered to be any form of consequential or part thereof) during the special damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover period will be due and payable on the day immediately following the end hereunder or result in a renewal of this Lease or an extension of the Term, and for each calendar month thereafter during or any waiver of any of Landlord’s rights or remedies with respect to such holdover. Notwithstanding any provision to the holdover periodcontrary contained herein, such damages will be due and payable on Landlord expressly reserves the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as right to require Tenant to surrender possession of the first day Tenant Space upon the expiration of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms Term of this Lease will be forfeited. Holdover occupancy by or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material collect damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesany such holdover.

Holding Over. Without Landlord’s prior written consent, 12.1. If Tenant may not occupy or retain, or allow any subtenant to occupy or retain, holds over possession of the Premises at any time after beyond the Termination Date or prior expiration of the Term, such holding over shall not be deemed to extend the Term ends. If without Landlord’s prior written consent or renew this Lease but such holding over shall continue upon the terms covenants and conditions of this Lease as a tenant at will except that Tenant agrees that the charge for use and occupancy of the Premises for each calendar month or portion thereof that Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at (even if such time. It will part shall be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as one day) shall be a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount liquidated sum equal to One Hundred Fifty Percent one-twelfth (1/12th) of one hundred fifty percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent required to be paid by Tenant during the calendar year preceding the Termination Date or charges due, reasonable attorneys’ fees, earlier expiration of the Term. The parties recognize and all court costs agree that the damage to Landlord incurs in regaining resulting from any failure by Tenant to timely surrender possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due extremely substantial, will exceed the amount of the monthly Base Rent and Additional Rent payable on hereunder and will be impossible to accurately measure. If the day immediately following Premises are not surrendered upon the end Termination Date or prior expiration of the Term, in addition to the use and occupancy charge set forth above, Tenant shall indemnify and hold harmless Landlord against any and all losses and liabilities resulting therefrom, including, without limitation, any claims made by any succeeding tenant founded upon such delay. Nothing contained in this Lease shall be construed as a consent by Landlord to the occupancy or possession by Tenant of the Premises beyond the Termination Date or prior expiration of the Term, and for each calendar month thereafter during the holdover periodLandlord, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as upon said Termination Date or prior expiration of the first day of such monthTerm, or at any time thereafter (and notwithstanding that Landlord may accept from Tenant will not one or more payments called for by this Section 12.1), shall be entitled to a refund the benefit of all legal remedies that now may be in force or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant may be hereafter enacted relating to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all immediate repossession of the terms, agreements, and conditions of this LeasePremises. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the The provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting Article shall survive the Termination Date or earlier expiration of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the PremisesTerm.

Holding Over. Without Should Tenant (or any subtenant, assignee or other party occupying the Premises by, through, under, or with the permission of Tenant), fail to vacate and surrender all or any portion of the Premises upon expiration or termination of this Lease or termination of Tenant’s right to possession of the Premises, in the condition required under this Lease, without Landlord’s prior written consent, Tenant and/or such other parties shall, at Landlord’s option (which option Landlord may elect by notice to Tenant and/or such other parties at any time before or after such expiration or termination and regardless of whether Landlord has accepted rent during any holdover period), become either a tenant at sufferance or a month-to-month 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 occupy constitute an extension of this Lease (and any such tenancy shall be a tenancy at sufferance unless and until Landlord exercises the foregoing option to create a month-to-month tenancy). During such holding over, Tenant shall pay (and any such other parties shall be jointly and severally obligated to pay) in advance, monthly, Basic Rental, applicable to only those floors where Tenant has held over, at a rate equal to 125% of the rate in effect for the last month of the Term of this Lease with respect to the first month of the holdover and thereafter at a rate equal to 150% of the rate in effect for the last month of the Term of the Lease, in addition to, and not in lieu of, all other payments required to be made by Tenant hereunder including but not limited to Tenant’s Proportionate Share of Direct Costs. The parties agree that it would be impracticable or retainextremely difficult to fix Landlord’s actual damages for such holding over and that the foregoing increase in the rate of Basic Rental for holding over is a fair estimate and liquidation of such actual damages. Nothing contained in this Article 5 shall be construed as consent by Landlord to any holding over of the Premises by Tenant or any other parties, or allow any subtenant and Landlord expressly reserves the right to occupy or retain, require Tenant and/or such other parties to vacate and surrender possession of the Premises at any time after to Landlord in the condition required under this Lease upon the expiration or earlier termination of the Term endsor Tenant’s right to possession, or during any tenancy at sufferance thereafter. If without Landlord’s prior written consent Any month-to-month tenancy created hereunder may be terminated by Tenant holds over after or Landlord giving the Term ends, other party at least thirty (30) days notice; provided such notice period shall not prevent Landlord may regain from terminating the right to possession of the Premises by any legal process earlier based on an Event of Default as provided in force Articles 19 and 20. If Landlord provides Tenant with at least thirty (30) days prior written notice that Landlord has a signed lease from a succeeding tenant to lease the Premises, and if Tenant fails to surrender the Premises upon the later of (i) the date of expiration of such time. It will be conclusively presumed that thirty (30) day period, or (ii) the value date of expiration or termination of this Lease and/or Tenant’s right to Tenant of remaining in possession of the Premises after Premises, in the Term endscondition required under this Lease, Tenant agrees to indemnify, defend and the loss hold Landlord harmless from and against all costs, loss, expense or damage that liability relating to or arising out of any claims made by such succeeding tenant with whom Landlord may suffer as has entered into a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, lease for each month all or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession portion of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, related real estate brokers’ claims and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ attorney’s fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premises.

Holding Over. Without Landlord’s prior written consentAt the termination of this Lease by its expiration or otherwise, Tenant may not occupy or retainimmediately shall deliver possession to Landlord with all repairs and maintenance required herein to be performed by Tenant completed. If, or allow for any subtenant to occupy or retainreason, Tenant retains possession of the Premises or any part thereof after such termination, then Landlord may, at its option, serve written notice upon Tenant that such holding over constitutes either (i) renewal of this Lease for one year, and from year to year thereafter, (ii) creation of a month to month tenancy, upon the terms and conditions set forth in this Lease, or (iii) creation of a tenancy at sufferance, in any time after case upon the Term endsterms and conditions set forth in this Lease, provided, however, that the monthly rental or daily rental under (iii) shall, in addition to all other sums which are to be paid by Tenant hereunder whether or not as additional rent, be equal to one and one half times (150%) the rental being paid monthly to Landlord under this Lease immediately prior to such termination (prorated in the case of (iii) on the basis of a 365 day year for each day Tenant remains in possession). If no such notice is served then a tenancy at sufferance shall be deemed to be created at the rent in the preceding sentence. Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenant, including the loss of any proposed subsequent tenant for any portion of the 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 act in apparent affirmance of the tenancy operate as a waiver of the right to terminate this Lease for a breach of any of the terms, covenants, or obligations herein on Tenant’s part to be performed. No holding over by Tenant, whether with or without Landlord’s prior written consent of Landlord shall operate to extend this Lease except as otherwise expressly provided. The preceding provisions of this Paragraph 16 shall not be construed as consent for Tenant holds over after the Term ends, Landlord may regain to retain possession of the Premises in the absence of written consent thereto by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the PremisesLandlord.

Holding Over. Without Landlord’s prior written consent, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of This Lease shall terminate without further notice upon the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end 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. Any period of time following the Expiration Date or earlier termination of this Lease required for each calendar month thereafter during Tenant to remove its property or to place the holdover periodPremises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such damages will be due possession shall constitute a tenancy at sufferance only and payable an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day of such calendar month. If following the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms termination of this Lease will be forfeitedand terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. Holdover occupancy by Tenant will In either of such events, possession shall be subject to all of the terms, agreements, and conditions terms of this Lease, except that the monthly Basic Rent shall be two hundred percent (200%) of the greater of (a) the Basic Rent for the month immediately preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in the Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord's right to recover the full amount due for any holdover by Tenant, unless otherwise agreed in writing by Landlord. If Tenant acknowledges and agrees that Landlord intends fails to lease surrender the Premises (in wholeupon the expiration of this Lease despite demand to do so by Landlord, in partTenant shall indemnify and hold Landlord harmless from all loss or liability, or as a part of a larger portion of the Building) including without limitation, any claims made by any succeeding tenant relating to another tenant immediately after the Term ends and that any breach or other violation of the such failure to surrender. The foregoing provisions of this Section 26.2 may result are in material damages addition to and do not affect Landlord's right of re-entry or any other rights of Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesunder this Lease or at law.

Holding Over. Without (a) Any holding over after the expiration of the term of this Lease by expiration of time or otherwise with the express written consent of Landlord shall be construed to be a tenancy from month-to-month at a rent which shall be determined by Landlord in its reasonable discretion, but in no event less than the Monthly Rent and additional rent payable under this Lease during the last full month prior to the date of such expiration and shall otherwise be on the terms and conditions of thin Lease so far as possible. Acceptance by Landlord of rent after such holding over with Landlord’s prior 's written consent shall not result in any other tenancy or any renewa1 of the term hereof. (b) If, without Landlord's consent, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, shall retain possession of the Premises at any time or part thereof after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession expiration of the Premises term hereof, by any legal process lapse of time or otherwise, than Tenant shall pay Landlord for each month of such retention rent as determined by Landlord in force at such time. It will be conclusively presumed that the value to Tenant of remaining its reasonable discretion, but in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent no event less than one hundred fifty percent (150%) the Monthly Rent and additional rent payable under this Lease for the last full month prior to the date of the monthly installments such expiration and shall indemnify Landlord against all losses, costs, claims, liabilities and expenses (including, without limitation, attorneys' fees and expenses) sustained by Landlord by reason of Base Rent being paid immediately before the Lease Expiration Datesuch retention (including, plus escalationswithout limitation, Additional Rent, and claims for damages by any other charges paid on an installment basis, for each month person to whom Landlord may have leased all or any part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover effective upon the foregoing amountsexpiration of the term of this Lease). Such damages for Acceptance by Landlord of rent after such holding over without Landlord's prior written consent shall not constitute a renewal of the first calendar term hereof or creation of a month-to-month (or part thereof) during the holdover period will tenancy and Tenant shall be due and payable a tenant by sufferance only; provided, however, such holding over shall otherwise be on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the same terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this LeaseLease so far as possible. Tenant acknowledges This provision is in addition to, and agrees that Landlord intends to lease the Premises (in wholedoes not affect or waive, in part, Landlord's right of reentry or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach other right or other violation of the provisions of this Section 26.2 may result in material damages remedy available to Landlord (including any damages to Landlord in connection with its reletting on account of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisessuch holding over.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy or retain, or allow any subtenant to occupy or retain, retains possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Leased Premises after the Term endsexpiration or earlier termination of this Lease, Tenant shall be a tenant at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and the loss or damage that Landlord may suffer as Tenant shall (a) pay an amount (on a result thereof, far exceed the Rent Tenant would have paid had the Term continued per month basis without reduction for partial months during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount holdover) equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the Monthly Rental Installment (as defined in Section 3.03(a)) due for the period immediately preceding the holdover and the monthly installments installment of Base Additional Rent being paid immediately before (as defined in Section 3.03(a)) that would be due for the Lease Expiration Dateperiod; (b) if such holdover continues for thirty (30) days after the expiration or earlier termination of this Lease, plus escalations, Additional Rent, be liable to Landlord for any payment or rent concession that Landlord is required to make (and does make) to any other charges paid on an installment basis, tenant obtained by Landlord for each month all or any part of the Leased Premises (a month that “New Tenant”) in order to induce such New Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession not to terminate its lease by reason of the Premises and/or holding-over by Tenant, provided that Landlord notified Tenant of a signed lease with New Tenant at least thirty (30) days prior to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Lease Term; (c) if such holdover continues for ninety (90) days after the expiration or earlier termination of this Lease, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages liable to Landlord for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as loss of the first day benefit of such month, the bargain if any New Tenant shall terminate its lease by reason of the holding-over by Tenant; and (d) indemnify Landlord against all claims for damages by any New Tenant. No holdover by Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to payment by Tenant after the terms termination of this Lease will shall be forfeited. Holdover occupancy construed to extend the Lease Term or prevent Landlord from immediate recovery of possession of the Leased Premises by summary proceedings or otherwise, and this Section 2.06 shall in no way constitute consent by Landlord to any holding over by Tenant will be subject to all of upon the terms, agreements, and conditions expiration or earlier termination of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (, nor limit Landlord’s remedies in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisessuch event.

Holding Over. Without Landlord’s prior written consent, Any holding over by Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession after the expiration of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession term of the Premises by any legal process in force at such time. It will this Lease shall be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer treated as a result thereoftenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far exceed the Rent as applicable except that Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to shall pay to Landlord as a use and occupancy charge an amount equal to One Hundred Fifty Percent the greater of (x) for the first thirty (30) days in which the Tenant holds over an amount equal to one hundred and fifty percent (150%) of the monthly installments of Base Annual Fixed Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month calculated (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than daily basis) at the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to highest rate payable under the terms of this Lease will be forfeited. Holdover occupancy by and after the first thirty days in which the Tenant will be subject holds over and thereafter an amount equal to all two hundred percent (200%) of the termsAnnual Fixed Rent and Additional Rent calculated (on a daily basis) at the highest rate payable under the terms of this Lease, agreementsor (y) the fair market rental value of the Premises, in each case for the period measured from the day on which Tenant’s hold-over commences and conditions terminating on the day on which Tenant vacates the Premises. In addition, Tenant shall save Landlord, its agents and employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages which Landlord may suffer on account of Tenant’s hold-over in the Premises after the expiration or prior termination of the term of this Lease; provided, however that Tenant shall not be liable for consequential damages in connection with such holding over unless such holding over exceeds thirty (30) days from the expiration or earlier termination of the term of this Lease. Nothing in the foregoing nor any other term or provision of this Lease shall be deemed to permit Tenant acknowledges and agrees that Landlord intends to lease retain possession of the Premises (or hold over in whole, in part, the Premises after the expiration or as a part of a larger portion earlier termination of the Building) to another tenant immediately Lease Term. All property which remains in the Building or the Premises after the Term ends expiration or termination of this Lease shall be conclusively deemed to be abandoned and that may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any breach part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other violation of the provisions of this Section 26.2 may result in material damages charges payable hereunder by Tenant to Landlord (including and any damages to which Landlord may be entitled under this Lease and at law and in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesequity.

Holding Over. Without Landlord’s prior written consentAny holding over by Tenant after the expiration of the term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable except that Tenant shall pay as a use and occupancy charge an amount equal to (x) the Additional Rent plus 150% the Monthly Fixed Rent for the first thirty (30) days following the expiration of the Lease Term, and (y) the Additional Rent plus 200% of the Monthly Fixed Rent thereafter, and terminating on the day on which Tenant vacates the Premises. In addition, Tenant shall save Landlord, its agents and employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages (including all consequential, indirect, and special damages and lost profits; provided, however, that Tenant shall not be liable for such damages during the first thirty (30) days of any holding over period) which Landlord may not occupy suffer on account of Tenant’s hold-over in the Premises after the expiration or retain, prior termination of the term of this Lease. Nothing in the foregoing nor any other term or allow any subtenant provision of this Lease shall be deemed to occupy or retain, permit Tenant to retain possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds or hold over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and expiration or earlier termination of the loss Lease Term. All property which remains in the Office Area or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will expiration or termination of this Lease shall be liable conclusively deemed to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, be abandoned and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will may either be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the first day sale, the cost of such monthmoving and storage, and any arrears of rent or other charges payable hereunder by Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to which Landlord may be entitled under this Lease and at law and in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesequity.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession shall hold over beyond the end of the Premises at any time after Term with the Term ends. If without Consent of Landlord’s prior written consent Tenant holds over after , then the Term ends, Landlord may regain possession provisions of the Premises by any legal process hold over tenancy shall be the same provisions set forth in force at such time. It will be conclusively presumed that this Lease governing the value to Tenant of remaining in possession rights and obligations of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued parties during the holdover period. If Tenant continues to occupy Term, except that: the Premises after tenancy shall be on the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part basis of a month that Tenant occupies to month tenancy, terminable by Landlord immediately by issuance of a 30 day notice, as long as the Premises quitting date is at least 8 days after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession giving of the Premises and/or notice to recover quit; there shall be no rights or options in Tenant to extend the foregoing amounts. Such damages Term, increase or decrease the size of the Leased Premises, purchase any portion of the Project, exercise any right of refusal to any leasing or sale of any portion of the Project or any similar rights that may have been in effect during the Term; and the Monthly Base Rent for the first calendar month (or part thereof) during hold over shall be the holdover period will be due and payable on the day Monthly Base Rent in effect immediately following prior to the end of the Term, and for each calendar month thereafter which shall be increased in the same manner as the Monthly Base Rent had been increased by any formula or with any regular frequency during the holdover period, such damages will be due and payable on the first day of such calendar monthTerm. If Tenant shall not have vacated the holdover period ends Leased Premises on or before the end of the Term and does not have Landlord's Consent to remain in the Leased Premises, the failure to vacate shall not be treated as a date other than hold over for any further term and it is agreed that the last day of a calendar month, such use and occupancy damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject liable during any such period of occupancy will be the amount that would have been payable as Additional Rent had this Lease remained in effect during the period of occupancy plus an amount equal to all one and a half times the Monthly Base Rent in effect at the end of the terms, agreements, and conditions of this LeaseTerm. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premises.ARTICLE XVII - MISCELLANEOUS PROVISIONS

Holding Over. Without Landlord’s prior written consent, Tenant may not occupy or retainIf Tenant, or allow any assignee or subtenant to occupy or retainof Tenant, holds over possession of the Premises at any time after beyond the expiration or earlier termination of this Lease, such holding over will not be deemed to extend the Term ends. If without Landlord’s prior written consent 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 Premises for each calendar month or portion thereof that Tenant or such assignee or subtenant holds over after will be a liquidated sum equal to one-twelfth (1/12th) of one and one half (11/2) times the Term endsBasic Rent and Additional Rent for the Lease Year preceding the Expiration Date for the first thirty (30) days of such holdover period, and thereafter, two (2) times such Basic Rent and Additional Rent. Tenant shall remain obligated to continue to pay Additional Rent during any holdover period. The parties recognize and agree that the damage to Landlord may regain resulting from any failure by Tenant or any assignee or subtenant of Tenant to timely surrender possession of the Premises will exceed the amount of the monthly Basic Rent and Additional Rent and will be impossible to accurately measure. In connection with any holdover, in no event shall Tenant, or any assignee or subtenant, be liable for any consequential damages unless Landlord gives Tenant written notice that the Premises have been leased to another Tenant after the Termination Date. If the Premises are not surrendered upon the expiration or earlier termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord against any and all losses and liabilities resulting therefrom, including, without limitation, any claims made by any legal process succeeding tenant founded upon such delay. Nothing contained in force at such time. It this Lease will be conclusively presumed that construed as a consent by Landlord to the value to Tenant of remaining in occupancy or possession of the Premises after beyond the Term ends, and the loss expiration or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions earlier termination of this Lease. Tenant acknowledges shall, at its sole cost and agrees that Landlord intends expense, take all actions required to lease remove any assignee or subtenant of Tenant, or other party claiming rights to the Premises (in whole, in part, under or as a part of a larger portion through Tenant upon the expiration or earlier termination of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the Term. The provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting Article 24 will survive the expiration or earlier termination of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesthis Lease.

Holding Over. Without Landlord’s prior written consent, In the event of holding over by Tenant may not occupy after expiration or retain, other termination of this Lease or allow any subtenant to occupy or retain, possession of in the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If event Tenant continues to occupy the Premises after the Term endstermination of Tenant's right of possession pursuant to Articles XXII and XXIII hereof, then occupancy of the Premises subsequent to such termination or expiration shall be that of a tenancy at sufferance and in no event for month-to-month or year-to-year. Tenant will shall, throughout the entire holdover period, be liable subject to all the terms and provisions of this Lease and shall pay for its use and occupancy an amount (on a per month basis without reduction for any partial months during any such holdover) equal to 150% of the sum of the Base Rental and Additional Base Rental due for the period immediately preceding such holding over, provided that in no event shall Base Rental and Additional Base Rental during the holdover period be less than the fair market rental for the Premises. Notwithstanding the foregoing, if such holding over continues for more than fifteen (15) days, effective as of the sixteenth (16th) day, holdover rent shall increase to 200% of the sum of the Base Rental and Additional Base Rental due for the period immediately preceding such holding over. No holding over by Tenant or payments of money by Tenant to Landlord an amount equal to One Hundred Fifty Percent (150%) after the expiration of the monthly installments of Base Rent being paid immediately before Lease Term shall be construed to extend the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month Term or part prevent Landlord from recovery of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining immediate possession of the Premises and/or by summary proceedings or otherwise. In addition to recover the foregoing amounts. Such damages for obligation to pay the first calendar month (or part thereof) amounts set forth above during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the any such holdover period, such damages will Tenant also shall be due and payable on the first day liable to Landlord for all damage, including any consequential damage, which Landlord may suffer by reason of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned any holding over by Landlord as of the first day of such monthTenant, and Tenant will shall indemnify Landlord against any and all claims made by any other tenant or prospective tenant against Landlord for delay by Landlord in delivering possession of the Premises to such other tenant or prospective tenant. Notwithstanding the foregoing, Tenant shall not be entitled to a refund liable for consequential damages unless the holdover continues for thirty (30) or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to more days after the terms termination of this Lease will be forfeited. Holdover occupancy by Tenant will be subject or Tenant's right to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisespossession.

Holding Over. Without Landlord’s prior written consent, Any holding over by Tenant may not occupy after the expiration or retain, or allow any subtenant to occupy or retain, possession earlier termination of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession term of the Premises by any legal process in force at such time. It will this Lease shall be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer treated as a result thereoftenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far exceed the Rent as applicable except that Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to shall pay to Landlord as a use and occupancy charge an amount equal to One Hundred Fifty Percent the greater of (150%x) 200% of the monthly installments of Base Annual Fixed Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month calculated (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than daily basis) at the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to rate payable under the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject immediately prior to all the commencement of such holding over, or (y) the fair market rental value of the termsPremises, agreementsin each case for the period measured from the day on which Tenant’s hold-over commences and terminating on the day on which Tenant vacates the Premises. Notwithstanding the foregoing, for the first sixty (60) days of any holding over, the percentage figure set forth above shall instead be 150%. In addition, Tenant shall save Landlord, its agents and conditions employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages which Landlord may suffer on account of Tenant’s hold-over in the Premises after the expiration or prior termination of the term of this Lease. Notwithstanding the foregoing, however, Tenant acknowledges and agrees that shall not be liable for indirect or consequential damages incurred by Landlord intends during the first thirty (30) days of any holding over by Tenant. Nothing in the foregoing nor any other term or provision of this Lease shall be deemed to lease permit Tenant to retain possession of the Premises (or hold over in whole, in part, the Premises after the expiration or as a part of a larger portion earlier termination of the Building) to another tenant immediately Lease Term. All property which remains in the Building or the Premises after the Term ends expiration or termination of this Lease shall be conclusively deemed to be abandoned and that may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any breach part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other violation of the provisions of this Section 26.2 may result in material damages charges payable hereunder by Tenant to Landlord (including and any damages to which Landlord may be entitled under this Lease and at law and in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesequity.

Holding Over. Without Landlord’s prior written consentThis Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant may after the expiration shall not occupy constitute a renewal or retainextension of this Lease, or allow give Tenant any subtenant rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to occupy remove its property or retain, possession to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Premises at any time after Term without the Term ends. If without Landlord’s prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant holds over after to the Term endsother. In either of such events, Landlord may regain possession shall be subject to all of the Premises by any legal process in force at such time. It will be conclusively presumed terms of this Lease, except that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the monthly Basic Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will shall be liable to pay to Landlord an amount equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the monthly installments greater of Base (a) the Basic Rent being paid for the month immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after preceding the date of termination or (b) the Term ends, plus any other Additional then currently scheduled Basic Rent or charges due, reasonable attorneys’ fees, and all court costs for comparable space in the Project. The acceptance by Landlord incurs of monthly holdover rental in regaining possession a lesser amount shall not constitute a waiver of the Premises and/or Landlord’s right to recover the foregoing amounts. Such damages full amount due for the first calendar month (or part thereof) during the any holdover period will be due and payable on the day immediately following the end of the Termby Tenant, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar monthunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the holdover period ends on a date other than Premises upon the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms expiration of this Lease will be forfeiteddespite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the The foregoing provisions of this Section 26.2 may result are in material damages addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesunder this Lease or at law.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy or retain, or allow shall for any subtenant to occupy or retain, reason remain in ------------ possession of the Premises at any time Leased Property after the Term ends. If without Landlord’s prior written consent Tenant holds over after expiration of the Term ends, Landlord may regain possession or earlier termination of the Premises by any legal process in force at such time. It will be conclusively presumed that Term (other than solely due to Lessor's failure, on or prior to (a) the value to Tenant of remaining in possession ninetieth (90th) day preceding the expiration of the Premises after Term as to such Leased Property or (b) if this Lease is terminated prior to such expiration due to Lessor's default, the earlier termination of the Term endsas to such Leased Property, and to have notified Tenant that Lessor has procured a Qualified Successor for such Leased Property), such possession shall, at the loss or damage that Landlord may suffer option of Lessor in its sole discretion as to each such Leased Property, be as a result thereof, far exceed the Rent month-to-month tenant during which time Tenant would have paid had the Term continued during the holdover period. If Tenant continues shall pay as rental each month (which rental constitutes liquidated damages with respect to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basisnot a penalty for the period to which it relates), for each month or part one and one-half times the aggregate of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession (i) one- twelfth of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due aggregate annual amounts of Current Rent and Accrued Rent payable on the day immediately following as of the end of the Termpreceding Term and, and for each calendar in the case of a month-to-month thereafter tenancy as to less than all of the Leased Properties, allocable to the Leased Property(ies) in question in accordance with Section 16.9 hereof; (ii) all ------------ Additional Charges accruing during the holdover periodmonth and (iii) all other sums, such damages will be due and if any, payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms provisions of this Lease will with respect to the Leased Property(ies) in question. During such period of month-to-month tenancy, Tenant shall be forfeited. Holdover occupancy by Tenant will be subject obligated to perform and observe all of the terms, agreements, covenants and conditions of this Lease. Tenant acknowledges Lease with respect to the Leased Property(ies) in question, but shall have no rights hereunder other than the right, to the extent given by law to month-to-month tenancies to continue its occupancy and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion use of the Building) applicable Leased Property. Subject to another tenant immediately Section 40.3, nothing contained herein ------------ shall constitute the consent, express or implied, of Lessor to the holding over of Tenant after the Term ends and that any breach expiration or other violation of the provisions earlier termination of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the PremisesLease.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy or retain, or allow any subtenant fails to occupy or retain, deliver possession of the Premises at any time after on the Term ends. If without Landlord’s prior written consent Tenant Termination Date, but holds over after the Term endsexpiration or earlier termination of this Lease without the express prior written consent of Landlord, Landlord may regain possession such tenancy shall be construed as a month to month tenancy on the same terms and conditions as are contained herein, except that the Fixed Monthly Rent payable by Tenant during such period of holding over shall automatically increase as of the Premises by any legal process in force at such time. It will be conclusively presumed that the value Termination Date to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent one hundred twenty-five percent (125%) of the Fixed Monthly Rent payable by Tenant for the calendar month immediately prior to the date when Tenant commences such holding over and, beginning on the sixty-first (61st) day after the Termination Date and continuing thereafter during any period of holding over, the Fixed Monthly Rent payable by Tenant shall increase to an amount equal to one hundred fifty percent (150%) of the monthly installments of Base Fixed Monthly Rent being paid payable by Tenant for the calendar month immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after prior to the date when Tenant commenced such holding over (with respect to the Term endsFixed Monthly Rent due during either time period the “Holdover Rent”). During [***] = CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION. any period of holding over without ▇▇▇▇▇▇▇▇’s consent, plus any other Additional Tenant shall be obligated to pay Holdover Rent for a full calendar month whether or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs not Tenant remains in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will and there shall be no pro-rata apportionment of Holdover Rent. Tenant’s payment of such Holdover Rent, and Landlord’s acceptance thereof, shall not constitute a waiver by Landlord of any of Landlord’s rights or remedies with respect to such holding over, nor shall it be deemed earned to be a consent by Landlord as to Tenant’s continued occupancy or possession of the first day Premises past the time period covered by ▇▇▇▇▇▇’s payment of such monththe Holdover Rent. Furthermore, and if Tenant will not be entitled fails to a refund or reduction deliver possession of Rent for any such partial month. Any security deposit provided the Premises to Landlord pursuant to upon the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions expiration or earlier termination of this Lease. , and Landlord has theretofore notified Tenant acknowledges and agrees in writing that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting requires possession of the Premises and/or for a succeeding tenant, then, in addition to any other portions of the Building). liabilities to Landlord accruing therefrom, Tenant will indemnifyshall protect, defend, indemnify and hold harmless, and defend Landlord harmless from all damagesloss, losses, and costs (including reasonable attorneys’ fees and all court costsexpenses) that Landlord suffers as and liability resulting from such failure. Notwithstanding the provisions contained hereinabove regarding ▇▇▇▇▇▇’s liability for a result continuing holdover, ▇▇▇▇▇▇▇▇ agrees to use commercially reasonable efforts to insert into any future lease of Tenantanother tenant proposing to occupy the Premises provisions similar to those contained in Section 2.1, permitting mitigation of ▇▇▇▇▇▇’s holdover use and occupancy damages arising out of the Premises▇▇▇▇▇▇’s temporary holdover.

Holding Over. Without Landlord’s prior written consent, Tenant may not occupy or retainIf Tenant, or allow any assignee or subtenant to occupy or retainof Tenant, holds over possession of the Premises at any time after beyond the expiration or earlier termination of this Lease, such holding over will not be deemed to extend the Term ends. If without Landlord’s prior written consent 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 Premises for each calendar month or portion thereof that Tenant or such assignee or subtenant holds over after will be a liquidated sum equal to one and one-half (11/2) times the Term endsBasic Rent and Additional Rent payable for the month immediately preceding the expiration or earlier termination of this Lease for the first six (6) months of such holding over, and thereafter, two (2) times the Basic Rent and Additional Rent payable for the month immediately preceding the expiration or earlier termination of this Lease. The parties recognize and agree that the damage to Landlord may regain resulting from any failure by Tenant or any assignee or subtenant of Tenant to timely surrender possession of the Premises will exceed the amount of the monthly Basic Rent and Additional Rent and will be impossible to accurately measure. If the Premises are not surrendered upon the expiration or earlier termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord against any and all losses and liabilities resulting therefrom, including, without limitation, any claims made by any legal process succeeding tenant founded upon such delay. Nothing contained in force at such time. It this Lease will be conclusively presumed that construed as a consent by Landlord to the value to Tenant of remaining in occupancy or possession of the Premises after beyond the Term ends, and the loss expiration or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions earlier termination of this Lease. Tenant acknowledges shall, at its sole cost and agrees that Landlord intends expense, take all actions required to lease remove any assignee or subtenant of Tenant, or other party claiming rights to the Premises (in whole, in part, under or as a part of a larger portion through Tenant upon the expiration or earlier termination of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the Term. The provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting Article 24 will survive the expiration or earlier termination of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesthis Lease.

Holding Over. Without Landlord’s prior written consent, Tenant may not occupy or retain, or allow Sublandlord and Subtenant recognize and agree that the damage to Sublandlord resulting from any subtenant failure by Subtenant to occupy or retain, timely surrender possession of the Premises at any time after upon the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It Expiration Date will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term endssubstantial, and the loss or damage that Landlord may suffer as a result thereof, far will exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid payable hereunder, and will be impossible to accurately measure. In the event that Subtenant shall not immediately surrender the Premises on the Expiration Date or earlier termination of the Term, Subtenant shall be required to pay each month of such hold-over tenancy one hundred fifty percent (150%) the Rent in effect during the last month of the Term of this Lease. In addition to any other rights and remedies Sublandlord may have hereunder or at law, Subtenant agrees that if possession of the Premises is not surrendered to Sublandlord in the condition required herein on or before the Prime Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, then Subtenant shall pay to Sublandlord for each month or part and for any portion of a each month that Tenant occupies during which Subtenant holds over in the Premises after the date Prime Lease Expiration Date Sublandlord’s holdover damages under the Term ends, plus Prime Lease with respect to the Prime Lease Premises. Subtenant agrees to indemnify and save Sublandlord harmless from and against any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs loss, cost, expense or liability resulting from a third party claim arising from the failure of, or the delay by, Subtenant in so surrendering the Premises on or before the Expiration Date, including, without limitation, any claims made by Landlord incurs in regaining or any succeeding tenant founded on such failure. Nothing herein contained shall be deemed to permit Subtenant to retain possession of the Premises and/or to recover after the foregoing amounts. Such damages for the first calendar month (expiration or part thereof) during the holdover period will be due and payable on the day immediately following the end earlier termination date of the Term, and for each calendar month thereafter during the holdover period, such damages will no acceptance by Sublandlord of payments from Subtenant shall be due and payable on the first day of such calendar month. If the holdover period ends on a date deemed to be other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as on account of the first day of such month, and Tenant will not amount to be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy paid by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (Subtenant in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of accordance with the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of Paragraph 19, which provisions shall survive the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the PremisesExpiration Date.

Holding Over. Without LandlordAny holding over by Tenant after the expiration of the term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable except that Tenant shall pay as a use and occupancy charge an amount equal to 150% of the Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the highest rate payable under the terms of this Lease, for the first sixty (60) days of such holding over, and thereafter increasing to 200% of the Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the highest rate payable under the terms of this Lease, measured from the day on which Tenant’s prior written consenthold-over commences and terminating on the day on which Tenant vacates the Premises. In addition, Tenant shall save Landlord, its agents and employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages which Landlord may suffer on account of ▇▇▇▇▇▇’s hold-over in the Premises after the expiration or prior termination of the term of this Lease; provided, Landlord agrees that Tenant shall not occupy be liable for consequential damages unless such holding over exceeds sixty (60) days. Nothing in the foregoing nor any other term or retain, or allow any subtenant provision of this Lease shall be deemed to occupy or retain, permit Tenant to retain possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds or hold over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and expiration or earlier termination of the loss Lease Term. All property which remains in the Building or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will expiration or termination of this Lease shall be liable conclusively deemed to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, be abandoned and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will may either be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the first day sale, the cost of such monthmoving and storage, and Tenant will not be entitled to a refund any arrears of rent or reduction of Rent for any such partial month. Any security deposit provided other charges payable hereunder by ▇▇▇▇▇▇ to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to which Landlord may be entitled under this Lease and at law and in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesequity.

Holding Over. Without Landlord’s prior written consent, 22.1 Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession 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 the Expiration Date. Tenant also acknowledges that if Tenant fails to surrender the Premises or any portion thereof at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession expiration or earlier termination of the Premises by any legal process in force at such time. It Lease Term, then it will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term endspossession, and the loss or damage that will be suffered by Landlord may suffer as a result thereof, far exceed the Base Rent Tenant and additional rent that would have paid been payable had the Lease Term continued during the such holdover period. If Therefore, if Tenant continues to occupy (or anyone claiming through Tenant) does not immediately surrender the Premises after or any portion thereof upon the Term endsexpiration or earlier termination of the Lease Term, then the rent payable by Tenant will hereunder shall be liable increased to pay to Landlord an amount equal to One Hundred Fifty Percent equal: (1) one hundred fifty percent (150%) of the monthly installments of Base Rent being paid immediately before that would have been payable pursuant to the provisions of this Lease if the Lease Expiration Date, plus escalations, Additional Rent, Term and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages continued during such holdover period for the first calendar month three (or part thereof3) during the holdover period will be due and payable on the day immediately following the end months of the Term, and for each calendar month thereafter during the holdover period, and (2) double the Base Rent that would have been payable pursuant to the provisions of this Lease if the Lease Term had continued during such damages will holdover period thereafter. Such rent shall be due computed by Landlord and paid by Tenant on a monthly basis and shall be payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of and the first day of each calendar month thereafter during such month, and Tenant will not be entitled to a refund or reduction of Rent for holdover period until the Premises have been vacated. Notwithstanding any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions other provision of this Lease, Landlord’s acceptance of such rent shall not in any manner adversely affect Landlord’s other rights and remedies. Tenant acknowledges Any such holdover shall be deemed to be a tenancy-at-sufferance and agrees that Landlord intends to lease the Premises (in whole, in part, not a tenancy-at-will or as tenancy from month-to-month. In no event shall any holdover be deemed a part of a larger portion permitted extension or renewal of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmlessLease Term, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenantnothing contained herein shall be construed to constitute Landlord’s consent to any holdover use and occupancy of the Premisesor to give Tenant any right with respect thereto.

Holding Over. Without Landlord’s prior written consent, (A) Any holding over by Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession after the expiration of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession term of the Premises by any legal process in force at such time. It will this Lease shall be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer treated as a result thereoftenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far exceed the Rent as applicable except that Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to shall pay to Landlord as a use and occupancy charge an amount equal to One Hundred Fifty Percent the greater of (x) 150%) % of the monthly installments of Base Annual Fixed Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month calculated (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than daily basis) at the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to rate payable under the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject immediately prior to all the commencement of such holding over, or (y) the fair market rental value of the termsPremises, agreementsin each case for the period measured from the day on which Tenant’s hold-over commences and terminating on the day on which Tenant vacates the Premises. Notwithstanding the foregoing, for the first thirty (30) days of any holding over, the percentage figure set forth above shall instead be 125%. The payments due under this Section 16.18(A) shall sometimes hereinafter be referred to as “Holdover Use and conditions Occupancy Payments.” (B) In addition, Tenant shall save Landlord, its agents and employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages which Landlord may suffer on account of Tenant’s hold-over in the Premises after the expiration or prior termination of the term of this Lease. Notwithstanding the foregoing, however, Tenant acknowledges and agrees that Landlord intends to lease shall not have liability under the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions first sentence of this Section 26.2 16.18(B) for the first five (5) days of any holding over, but Tenant shall nevertheless be liable for Holdover Use and Occupancy Payments and as otherwise as provided in this Lease. With regard to the sixth (6th) through fifteenth (15th) days of any holding over, Tenant shall additionally have liability under the first sentence of this Section 16.18(B) provided that such liability shall not exceed any per diem amount that Landlord is required to pay or credit to any tenant(s) or other occupant(s), or prospective tenant(s) or other occupant(s), for whom the Premises constitutes or will constitute all or a portion of its or their premises associated with any day or days of late delivery of said premises (whether characterized as damages, credit against rent otherwise payable or otherwise), for each additional day of holding over by Tenant commencing with the sixth (6th) day of holding over. The fact that Landlord may result not deliver such premises to such tenant(s) or occupant(s) until a later date, due to work Landlord must thereafter perform as a condition to such tenant(s)’ or occupant(s)’ occupancy, or for any other reason, shall not derogate from Tenant’s liability under this Section 16.18 for the aforesaid per diem late delivery compensation, and without regard to whether or not Landlord actually must make such payment or credit. (C) From the sixteenth (16th) day of any holding over and thereafter, there shall no longer be any qualification or limitation upon Tenant’s liability under the first sentence of Section 16.18(B). (D) Nothing in material damages the foregoing nor any other term or provision of this Lease shall be deemed to permit Tenant to retain possession of the Premises or hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other charges payable hereunder by Tenant to Landlord (including and any damages to which Landlord may be entitled under this Lease and at law and in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesequity.

Holding Over. Without Landlord’s prior written consent, The Lease shall be extended on a month-to-month basis if Tenant may not occupy or retain, or allow any subtenant fails to occupy or retain, possession of vacate the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss upon expiration or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions sooner termination of this Lease. The rent to be paid by ▇▇▇▇▇▇ during such continued occupancy shall be the same being paid by ▇▇▇▇▇▇ as of the date of expiration or sooner termination, subject to Article 15. Landlord and ▇▇▇▇▇▇ each hereby agree to give the other Party at least thirty (30) days written notice prior to termination of any holdover tenancy. Fiscal Funding. As set forth in State of Colorado Fiscal Rules and Article 23B. below, this Lease is dependent upon the continuing availability of funds beyond the term of the State's current fiscal period ending upon the next succeeding June 30, as financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. While the act of appropriation is a legislative act, ▇▇▇▇▇▇ will take appropriate actions under the laws applicable to Tenant acknowledges to timely and agrees that properly budget for, request of and seek and pursue appropriation of funds from the General Assembly of the State of Colorado permitting Tenant to make payments required hereunder during the period to which such appropriation applies. If funds are not appropriated, this Lease shall terminate upon the exhaustion of such appropriation, with no penalty or additional cost to Tenant. Tenant shall notify Landlord intends of such non-allocation of funds by sending written notice thereof to lease Landlord forty-five (45) days prior to the Premises (effective date of termination. Tenant’s obligation to pay rent hereunder constitutes a current expense of Tenant payable exclusively from Tenant's funds and shall not in whole, in partany way be construed to be a general obligation indebtedness of the State of Colorado or any agency or department thereof within the meaning of any provision of §§ 1,2,3,4, or as a part 5 of a larger portion Article XI of the Building) Colorado Constitution, or any other constitutional or statutory limitation or requirement applicable to another tenant immediately after the Term ends State concerning the creation of indebtedness. Neither Tenant, nor Landlord on its behalf, has pledged the full faith and that any breach or other violation credit of the provisions State, or any agency or department thereof to the payment of the charges hereunder, and this Lease shall not directly or contingently obligate the State or any agency or department thereof to apply money from, or levy or pledge any form of taxation to, the payments due hereunder. Federal Funding. If any or all funds for payment of this Section 26.2 may result in material damages Lease are provided by the Federal Government, this Lease is subject to Landlord (including any damages to Landlord in connection with its reletting and contingent upon the continuing availability of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmlessFederal funds, and defend Landlord from all damagesif such funds are not made available, losses, and costs Tenant may unilaterally terminate this Lease at the end of any month after providing ninety (including reasonable attorneys’ fees and all court costs90) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesdays written advance termination notice to Landlord.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy or retain, anyone claiming under or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent through Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining shall remain in possession of the Demised Premises or any part thereof after the Term endsexpiration of the term of this Lease without any agreement in writing between Landlord and Tenant with respect thereto, Tenant shall: (a) be deemed a tenant at sufferance, and such occupancy during such holding shall be subject to all of the loss or damage that Landlord may suffer as a result thereofapplicable terms and conditions of this Lease other than Base Rent and those relating to the length of term, far exceed and in addition to the Rent Rents (other than Base Rent) payable pursuant to this Lease, Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to shall pay to Landlord an amount equal to One Hundred Fifty Percent the greater of (150%i) of the monthly installments then fair market rental for the Demised Premises, or (ii) two (2) times the annual rate (determined on a per diem basis, based on a 365-day year) of Base Rent being paid immediately before payable during the last year of the term of this Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises and every day after the date expiration of the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, term of this Lease up to and all court costs Landlord incurs in regaining including the day that vacant possession of the Demised Premises and/or is surrendered (and acceptance of Rent or other payments by Landlord shall not create a new or additional tenancy other than as aforesaid); (b) be liable to recover the foregoing amounts. Such damages Landlord for the first calendar month (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part thereof) during the holdover period will be due and payable on the day immediately following the end of the TermDemised Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, and for each calendar month thereafter during (ii) the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as loss of the first day benefit of such monththe bargain if any New Tenant shall terminate its lease by reason of the holding-over by Tenant; and (c) indemnify Landlord against all claims for damages by any New Tenant. No holding-over by Tenant, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided the payment to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the termsamounts specified above, agreements, and conditions shall operate to extend the term of this Lease. Nothing herein contained shall be deemed to permit Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion retain possession of the Building) to another tenant immediately Demised Premises after the Term ends Expiration Date or sooner termination of this Lease, and that any breach no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the term of this Lease shall be deemed to be other violation than on account of the amount to be paid by Tenant in accordance with the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the PremisesSection.

Holding Over. Without Should Tenant, without Landlord’s prior 's written consent, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds hold over after the Term endstermination of this Lease, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as shall become a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar tenant from month. If the holdover period ends on a date other than the last day of a calendar -to-month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, only upon each and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, terms herein provided as may be applicable to a month-to-month tenancy and conditions any such holding over shall not constitute an extension of this Lease. Tenant acknowledges shall pay Landlord, monthly and agrees in advance, 150% of the greater of (i) the annual Rent that Landlord intends to lease was payable immediately preceding the hold-over period or (ii) the fair rental value of the Premises (as determined in wholeaccordance with the procedure set forth in Article 2B hereof for determining Fair Market Rent, in partprorated on a per diem basis, or as a part of a larger portion for each day Tenant shall retain possession of the BuildingPremises or any part thereof after expiration or earlier termination of this Lease ("Holdover Rent"), together with all damages sustained by Landlord on account thereof and all other payments required to be made by Tenant hereunder. In no event shall Tenant be responsible for any consequential or indirect damages of Landlord except as otherwise set forth herein. Notwithstanding anything contained in this Article to the contrary, for the first sixty (60) days of any such holdover, Tenant shall be liable to another tenant immediately after Landlord only for the Holdover Rent as set forth above. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term ends and that any breach or other violation of the (although Tenant shall remain bound to comply with all provisions of this Section 26.2 may result in material damages Lease until Tenant vacates the Premises) and Landlord shall have the right at any time thereafter to Landlord (including any damages enter and possess the Premises and remove all property and persons therefrom or to Landlord in connection with its reletting require Tenant to surrender possession of the Premises and/or other portions as provided in this Lease upon the expiration or earlier termination of the Building)Term. If Tenant will fails to surrender the Premises upon the expiration or termination of this Lease, except as expressly provided hereunder, Tenant agrees to indemnify, defend and hold harmless, and defend harmless Landlord from all damagescosts, lossesloss, expense or liability, including without limitation, claims made by any succeeding tenant with which Landlord has executed a lease for the Premises as of the expiration date of this Lease, and costs (including reasonable real estate brokers' claims and attorneys’ fees and all court costs) that ' fees. No acceptance by Landlord suffers as a result of Tenant’s holdover use and occupancy any Rent during or for any period following the expiration or termination of the PremisesLease 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 either party with thirty (30) days' prior written notice to the other.

Holding Over. Without Landlord’s prior written consent, Tenant may not occupy or retainIf Tenant, or allow any assignee or subtenant to occupy or retainof Tenant, holds over possession of the Premises at any time after beyond the expiration or earlier termination of this Lease, such holding over will not be deemed to extend the Term ends. If without Landlord’s prior written consent 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 Premises for each calendar month or portion thereof that Tenant or such assignee or subtenant holds over after will be a liquidated sum equal to one-twelfth (1/12th) of two (2) times the Term endsBasic Rent and Additional Rent for the Lease Year preceding the Expiration Date for the first thirty (30) days of such holdover period, and thereafter, two (2) times such Basic Rent and Additional Rent. Tenant shall remain obligated to continue to pay Additional Rent during any holdover period. The parties recognize and agree that the damage to Landlord may regain resulting from any failure by Tenant or any assignee or subtenant of Tenant to timely surrender possession of the Premises will exceed the amount of the monthly Basic Rent and Additional Rent and will be impossible to accurately measure. In connection with any holdover, in no event shall Tenant, or any assignee or subtenant, be liable for any consequential damages unless Landlord gives Tenant written notice that the Premises have been leased to another Tenant after the Termination Date. If the Premises are not surrendered upon the expiration or earlier termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord against any and all losses and liabilities resulting therefrom, including, without limitation, any claims made by any legal process succeeding tenant founded upon such delay. Nothing contained in force at such time. It this Lease will be conclusively presumed that construed as a consent by Landlord to the value to Tenant of remaining in occupancy or possession of the Premises after beyond the Term ends, and the loss expiration or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions earlier termination of this Lease. Tenant acknowledges shall, at its sole cost and agrees that Landlord intends expense, take all actions required to lease remove any assignee or subtenant of Tenant, or other party claiming rights to the Premises (in whole, in part, under or as a part of a larger portion through Tenant upon the expiration or earlier termination of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the Term. The provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting Article 24 will survive the expiration or earlier termination of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesthis Lease.

Holding Over. Without Landlord’s prior written consent, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, (a) Lessee shall surrender possession of the Premises at any time after immediately upon the Term endsexpiration or earlier termination of this Lease. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value Lessee shall continue to Tenant of remaining in possession of occupy or possess the Premises after such expiration or termination without the Term endsconsent of Lessor, then Lessee shall be a tenant at will. If Lessor has consented to such holdover in writing, Lessee shall be a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to the tenancy at will or the month-to-month tenancy except those terms, provisions and conditions pertaining to the Lease Term, and except that the loss rental shall be immediately adjusted upward upon the expiration or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues earlier termination of this Lease to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, Rental for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable effect under this Lease on the day immediately following prior to the end date of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund expiration or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions earlier termination of this Lease. Tenant acknowledges and agrees The month-to-month tenancy may be terminated by Lessor or Lessee upon fifteen (15) days prior notice to the non-terminating party. In the event that Landlord intends Lessee fails to lease surrender the Premises upon such expiration or earlier termination or upon demand if Lessee is occupying the Premises pursuant to a tenancy at will, then Lessee shall indemnify and hold Lessor harmless against all losses or liability resulting from or arising out of Lessee's failure to surrender the Premises. This includes, but is not limited to, any amounts required to be paid or damages incurred due to the loss of any tenant or prospective tenant who was to have occupied the Premises after said termination pursuant to a binding lease between Lessor and such other tenant or expiration and any related attorneys' fees and brokerage commissions. (in whole, in part, or as a part b) No payment of a larger portion of the Building) money by Lessee to another tenant immediately Lessor after the Term ends and that any breach or other violation of the provisions termination of this Section 26.2 may result in material damages Lease by Lessor or after the giving of any notice of termination to Landlord (including Lessee by Lessor, which Lessor is entitled to give Lessee under this Lease, shall reinstate, continue or extend the Lease Term or shall affect any damages such notice given to Landlord in connection with its reletting Lessee prior to the payment of such money. It is agreed that after the Premises and/or other portions service of such notice or the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result commencement of Tenant’s holdover use and occupancy any suit by Lessor to obtain possession of the Premises, Lessor may receive and collect when due any and all payments owed by Lessee under this Lease and otherwise exercise its rights and remedies. The making of any such payments by Lessee shall not waive such notice or in any manner affect any pending suit or judgment obtained.

Holding Over. Without LandlordTenant, at Tenant’s sole discretion, shall have the right to holdover for a period of up to three (3) months under the same terms and conditions of the Lease with a two and one half percent (2.5%) annual increase in the Basic Annual Rent; provided that Tenant provides Landlord written notice of its intent to holdover at least twelve (12) months prior written consent, Tenant may not occupy or retainto the expiration of the Term. Following such three-month initial holdover period (if applicable), or allow if such three-month period is not applicable, any subtenant to occupy or retain, possession holding over after the expiration of the Premises at term hereof or of any time after renewal term with the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, of Landlord may regain possession of the Premises by any legal process in force at such time. It will shall be conclusively presumed construed to be a tenancy from month to month except that the value Basic Annual Rent shall be increased to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) % of the monthly installments of Base then Basic Annual Rent being paid immediately before plus, and in addition to the Lease Expiration Date, plus escalations, Additional Basic Annual Rent, all other sums of money as shall become due and any payable by Tenant to Landlord under this Lease and on the terms herein specified so far as possible. Such month-to-month tenancy shall be subject to every other charges paid on an installment basisterm, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ feescovenant, and all court costs agreement contained in this Lease. Except as permitted with respect to the initial three (3) month period, nothing contained in this Section 17.2 shall be construed as consent by Landlord incurs in regaining to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Leased Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of in this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of upon the terms, agreements, and conditions expiration or other termination of this Lease. Except to the extent Landlord has delivered to Tenant acknowledges notice of a termination of a month-to-month holdover and agrees that Tenant continues to holdover thereafter, the holdover rental amount set forth in this Section 17.2 will be Landlord’s exclusive monetary right and remedy against Tenant and will be deemed to cover all liabilities, obligations, or charges which may be incurred by Landlord intends due to lease the Premises (in wholea holdover by Tenant. If Landlord has delivered to Tenant notice of a termination of a month-to-month holdover and Tenant continues to holdover thereafter, in part, or as a part of a larger portion of the Building) addition to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages liabilities to Landlord (including any damages to accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord harmless from all damagesloss, losses, and costs (including reasonable attorneys’ fees fees) and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy liability resulting from such failure, including, without limiting the generality of the Premisesforegoing, any claims made by any succeeding tenant founded upon such failure to surrender, and, except as and to the extent otherwise specified in this Lease, any damages, costs or expenses resulting therefrom.

Holding Over. Without Landlord’s prior written consent, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession acknowledges that it is extremely important that Landlord have substantial advance notice of the date on which Tenant will vacate the Leased Premises, both because Landlord will require an extensive period to locate a replacement tenant and because Landlord will plan its entire leasing and renovation program for the Building in reliance on the expiration dates for leases of space in the Building. Tenant also acknowledges that if Tenant fails to surrender the Leased Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession expiration or termination of the Premises by any legal process in force at such time. It Term, it will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term endspossession, and the loss or damage that will be suffered by Landlord may suffer as a result thereof, far exceed the amount of Annual Base Rent Tenant and Additional Rent that would have paid been payable had the Term continued during the such holdover period. If Therefore, Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to shall pay to Landlord an amount equal to One Hundred Fifty Percent the greater of (a) fair market rent for the Leased Premises, as reasonably determined by Landlord, or (b) one hundred fifty percent (150%) of the monthly installments installment of Annual Base Rent being paid immediately before and one hundred fifty percent (150%) of one-twelfth (1/12) of the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of paid by Tenant during the Premises and/or to recover the foregoing amountsprevious calendar year. Such damages for the first calendar month (or part thereof) during the holdover period will amount shall be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable paid on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages each month or portion thereof for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as Tenant shall retain possession of the first day of such month, and Tenant will not be entitled to a refund Leased Premises or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to part thereof after the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all expiration of the terms, agreements, and conditions Term or the earlier termination of this Lease, whether by lapse of time or otherwise. Tenant acknowledges also shall pay all costs incurred and damages sustained by Landlord, whether direct or consequential, on account of such holding over. Landlord agrees that to use reasonable efforts to minimize any such consequential damages, but in no event shall Landlord intends be obligated to lease the Premises (expend any sum or incur any cost in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the connection with such efforts. The provisions of this Section 26.2 may result in material damages Paragraph 18 shall not be deemed to limit or constitute a waiver or any other fights or remedies of Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesprovided herein or at law.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy or retain, or allow any subtenant to occupy or retain, retains possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession part of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had end of the Term continued during the holdover period. If Tenant continues or termination of Tenant’s right to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or (it being agreed that Tenant’s failure to recover timely remove Tenant’s Property or the foregoing amounts. Such damages Required Removables from the Premises shall also be considered a retention of the Premises by Tenant), then such retention of possession shall be considered a tenancy “at will” or “sufferance” (and not a month-to-month tenancy) for the entire Premises, and Tenant shall pay Rent during such holding over at a rate equal to 125% of the rate used to calculate gross monthly Rent in effect under this Lease immediately preceding such holding over for the first calendar month (or part thereof) during the holdover period will be due 30 days of such holdover, and payable on the day immediately following the end thereafter at a rate equal to 150% of the Termrate used to calculate gross monthly Rent in effect under this Lease immediately preceding such holding over, and computed on a weekly basis for each calendar month thereafter during week or partial week that Tenant remains in possession. In addition to the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as payment of the first day amounts provided above, if such holdover extends beyond sixty (60) days and Landlord is unable to timely deliver possession of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers to a new tenant as a result of Tenant’s holdover use then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages that Landlord suffers from the holdover. The provisions of this Section 18 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 occupancy any receipt of payment by Landlord shall not be deemed a consent by Landlord to Tenant’s remaining in possession or be construed as creating or renewing any lease or right of tenancy between Landlord and Tenant. Notwithstanding anything herein to the contrary, pursuant to Section 91.001(c) of the PremisesTexas Property Code, Landlord and Tenant specifically agree that no notice to terminate Tenant’s tenancy hereunder will be required from and after the expiration of the Term of this Lease under Section 91.001 or Section 24.005 of the Texas Property Code before Landlord files a forcible detainer suit on grounds that the tenant is holding over beyond the end of the rental term or renewal period (if any) hereof; and any sublease hereunder shall not be approved unless it also contains a specific comparable waiver by the subtenant thereunder.

Holding Over. Without Landlord’s prior written consent, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the expiration of the Term endsor 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 Rent shall be payable at a monthly rate equal to 150% of the Base Rent plus the Additional Rent applicable during the last rental period of the Term under this Lease. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. For purposes of this Article 16, a holding over shall include Tenant’s remaining in the Premises after the expiration or earlier termination of the Term, as required pursuant to the terms of Section 8.5, above, to remove any Alterations or improvements located within the Premises. Nothing contained in this Article 16 shall be construed as consent by Landlord may regain 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 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any legal process succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom. In no event shall Tenant be liable to Landlord or any third party for any damages, costs or expenses of any nature (excepting the holdover rent at the rate contained above in force at such time. It will be conclusively presumed that the value to Tenant this Article 16) as a result of Tenant’s remaining in possession of the Premises after the Term ends, and the loss expiration or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms termination of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all unless such retention of the terms, agreements, and conditions possession continues for fifteen (15) business days after Tenant’s receipt of this Lease. Tenant acknowledges and agrees written notice from Landlord that Landlord intends to lease it must vacate the Premises within fifteen (in whole, in part, 15) business days after such notice or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all be liable for such damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premises.

Holding Over. Without Landlord’s prior written consent, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises Second Floor Suites and/or the Subleased Space after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent Vacation Date (150%as defined in Section 2 above) or the expiration of the monthly installments Subleased Space Term, as applicable, occupancy of Base Rent being paid immediately before the Lease Expiration DateSecond Floor Suites and/or the Subleased Space, plus escalationsas applicable, Additional Rentsubsequent to the Vacation Date or the expiration of the Subleased Space Term, as applicable, shall be that of a tenancy at sufferance and any other charges paid on an installment basis, in no event for each month-to-month or part of a month that year-to-year, but Tenant occupies shall, throughout the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the entire holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all the terms and provisions of the terms, agreements, Lease and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with shall pay for its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy the amount (on a per month basis without reduction for any partial months during any such holdover) as set forth in Section 19.2 of the PremisesOriginal Lease. No holding over by Tenant in the Second Floor Suites and/or the Subleased Space, as applicable, or payments of money by Tenant to Landlord after the Vacation Date or the expiration of the Subleased Space Term, as applicable, shall be construed to prevent Landlord from recovery of immediate possession of the Second Floor Suites and/or the Subleased Space, as applicable, by summary proceedings or otherwise. In addition to the obligation to pay the amounts set forth above during any such holdover period, Tenant also shall be liable to Landlord for all damage, including any consequential damage, which Landlord may suffer by reason of any holding over by Tenant in the Second Floor Suites and/or the Subleased Space, as applicable, and Tenant shall indemnify Landlord against any and all claims made by any other tenant or prospective tenant against Landlord for delay by Landlord in delivering possession of the Second Floor Suites and/or the Subleased Space, as applicable, to such other tenant or prospective tenant.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy or retain, or allow any subtenant to occupy or retain, retains possession of the Premises at Premises, or any time part thereof, after the Term endsexpiration or earlier termination of this Lease, Tenant shall pay Landlord rent at an annual rate equal to double the Rent payable for the year immediately preceding said holdover computed on a per month basis, for the period Tenant thus remains in possession, and Tenant shall also pay Landlord all damages sustained by Landlord by reason of such retention of possession. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain retains possession of the Premises by Premises, or any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises part thereof, for thirty (30) days after the Term ends, and the loss expiration or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term endstermination of this Lease, then Tenant will be liable at the sole option of Landlord expressed by written notice to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration DateTenant, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover periodbut not otherwise, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on holding over shall constitute a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms renewal of this Lease will for a period of one (1) year on the same terms and conditions contained herein, except that the annual Fixed Rent shall be forfeited. Holdover occupancy by Tenant will be subject increased to all the fair annual rental value of the termsPremises, agreementsas determined by Landlord, but in no event shall such Fixed Rent be less than one and conditions of this Leaseone-half times the highest Fixed Rent specified in Paragraph 3. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the The provisions of this Section 26.2 may result in material damages Paragraph do not waive the Landlord's right of re-entry or any other right hereunder. TENANT EXPRESSLY WAIVES TO LANDLORD THE BENEFIT TO TENANT OF 68 P.S. (S)250.501, AS APPROVED APRIL 6, 1951, ENTITLED "LANDLORD AND TENANT ACT OF 1951," AS MAY BE AMENDED FROM TIME TO TIME, REQUIRING NOTICE TO QUIT UPON THE EXPIRATION OF THE TERM OF THIS LEASE OR AT THE EXPIRATION OF ANY EXTENSION OR RENEWAL THEREOF, OR UPON ANY EARLIER TERMINATION OF THIS LEASE, AS HEREIN PROVIDED. TENANT COVENANTS AND AGREES TO VACATE, REMOVE FROM AND DELIVER UP AND SURRENDER THE POSSESSION OF THE PREMISES TO LANDLORD UPON THE EXPIRATION OF THE TERM OR UPON THE EXPIRATION OF ANY EXTENSION OR RENEWAL THEREOF OR UPON ANY EARLIER TERMINATION OF THIS LEASE, AS HEREIN PROVIDED WITHOUT SUCH NOTICE. Tenant only waives notice with respect to Landlord (including any damages to Landlord in connection with its reletting the expiration or prior termination of the Premises and/or other portions term of the Building). Tenant will indemnify, hold harmless, Lease and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesdoes not waive any other protections.

Holding Over. Without Landlord’s prior written consent, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the expiration of the Lease Term endsor earlier termination thereof, Landlord may regain 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, for the first two (2) calendar months of holdover, Base Rent shall be payable at a monthly rate equal to [***]% of the Base Rent applicable during the last rental period of the Lease Term under this Lease (and [***]% of all Additional Rent due during such two (2) month period), and thereafter, Base Rent shall be payable at a monthly rate equal to [***]% of the Base Rent applicable during the last rental period of the Lease Term under this Lease (and [***]% of all Additional Rent due during such period). Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. In the event Tenant timely vacates and surrenders possession of the Premises by any legal process in force at such time. It will be conclusively presumed that to Landlord following the value expiration of the Lease Term or the earlier termination thereof, but fails to Tenant of remaining in surrender possession of the Premises after to Landlord in the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term endscondition required under Section 8.4 above, then Tenant will shall be liable to pay to for any damages incurred by Landlord an amount equal to One Hundred Fifty Percent in connection therewith (150%but Tenant shall not responsible for the payment of any Rent (including holdover rent) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies in connection with the Premises after following Tenant’s timely vacation and surrender thereof). Landlord hereby expressly reserves the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining right to require Tenant to surrender possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of in this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of upon the terms, agreements, and conditions expiration or other termination of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the The provisions of this Section 26.2 may result in material damages Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon later to occur of (including any damages to i) the termination or expiration of this Lease, and (ii) the date that is forty-five (45) days following Tenant’s receipt of written notice from Landlord in connection stating that Landlord has entered into an agreement with its reletting a third-party for the occupancy of the Premises following the expiration or earlier termination of this Lease and may incur lost rents and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premises.damages resulting from

Holding Over. Without (a) If Tenant shall hold over at the expiration or termination of the Lease Term, such tenancy shall be deemed, at Landlord’s prior written consent, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of the Premises option elected in writing by Landlord at any time after during such period, a month-to-month tenancy or such other tenancy as shall be assumed by law in the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession event of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term endsholding over, and in the loss absence of such written election by Landlord, shall either be a tenancy at the sufferance of Landlord or damage that Landlord may suffer as a result thereoftrespass by Tenant. During such month-to-month tenancy or tenancy at sufferance, far exceed Tenant agrees to be bound by all the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable terms and conditions hereof and agrees to pay to Landlord Landlord, in addition to all other Rent, an Annual Base Rent in the amount equal to One Hundred Fifty Percent of one and one-half times (150%) the Annual Base Rent which shall have been in effect for the last month of the monthly installments of Base Rent being paid immediately before Lease Term prior to such expiration or termination, the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month parties agreeing that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will sum shall be deemed earned by a reasonable sum for such tenancy; provided, however, nothing herein shall limit any damages Landlord as may incur for Tenant’s trespass, damage to the Property, loss of the first day of such monthreplacement lessees or otherwise, and Tenant will shall indemnify, defend and hold Landlord harmless from any loss, cost, expense or liability associated with such holding over. (b) Notwithstanding the foregoing, upon not less than six (6) months prior written notice to Landlord, Tenant may be permitted to hold over for a period not to exceed three (3) months following the expiration of the Lease Term or any extension thereof (the “Permitted Holdover Period”). During such Permitted Holdover Period, Tenant agrees to be bound by all the terms and conditions hereof and agrees to pay to Landlord, in addition to all other Rent, an Annual Base Rent in the amount of the Annual Base Rent which shall have been in effect for the last month of the Lease Term prior to such expiration or termination. During any Permitted Holdover Period, Tenant shall not be entitled to a refund or reduction of Rent liable for any such partial month. Any security deposit provided to damages Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesincur.

Holding Over. Without Landlord’s prior written consent, 31.1 Tenant may not occupy shall have the right to holdover in all or retain, or allow any subtenant to occupy or retain, possession portion of the Premises at for up to ninety (90) days following the expiration or earlier termination of this Lease (the “Stub Period”) and the Base Rent payable during the Stub Period shall equal the lesser of (x) the then market rental value of the Premises as reasonably determined by Landlord assuming a new lease of the Premises of the then usual duration and other terms (the “Holdover Market Rental Value”), and (y) one hundred fifty percent (150%) of the Base Rent for the last period prior to the Stub Period, and Tenant shall also pay Additional Rent attributable to Operating Expenses and Taxes as provided in Article 5 of this Lease during the Stub Period, together with all other Additional Rent and other amounts payable pursuant to the terms of this Lease. Tenant shall also be liable for any time and all damages sustained by Landlord as a result of such holdover after the Term endsexpiration of such Stub Period. If without Landlord’s prior written consent Subject to ▇▇▇▇▇▇'s right to hold over during the Stub Period, Tenant shall vacate the Premises and deliver same to Landlord immediately upon ▇▇▇▇▇▇'s receipt of notice from Landlord to so vacate. The Rent during such holdover period shall be payable to Landlord on demand. ▇▇▇▇▇▇▇▇'s acceptance of Rent if and after Tenant holds over after shall not convert ▇▇▇▇▇▇'s tenancy at sufferance to any other form of tenancy or result in a renewal or extension of the Term endsof this Lease, unless otherwise specified by notice from Landlord may regain possession of to Tenant. 31.2 Subject to Section 31.1 above, in the Premises by event Tenant, or any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in party claiming under ▇▇▇▇▇▇, retains possession of the Premises after the Term endsExpiration Date or Termination Date, such possession shall be that of a tenant at sufferance and an unlawful detainer. No tenancy or interest shall result from such possession, and such parties shall be subject to immediate eviction and removal. Tenant or any such party shall pay Landlord, as Base Rent for the loss or damage that Landlord may suffer as period of such holdover, a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an monthly amount equal to One Hundred Fifty Percent the greater of (i) the sum of (a) one hundred fifty percent (150%) of the monthly installments of Base Rent being paid immediately before for the last period prior to the date of such termination plus (b) one hundred percent (100%) of Additional Rent attributable to Operating Expenses and Taxes as provided in Article 5 of this Lease Expiration Date, plus escalations, Additional Rentduring the time of holdover, and any other charges paid on an installment basis(ii) the Holdover Market Rental Value, for each month or part of a month that Tenant occupies the Premises after the date the Term endsin either case, plus any together with all other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and other amounts payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeitedLease. Holdover occupancy by Tenant will Such tenancy at sufferance shall be subject to all of every other applicable term, covenant and agreement contained herein. 3489-000151321/1351 Harbor Bay Pkwy -51- 32.1 Except as expressly set forth below in Section 32.2, no sign, symbol, or identifying marks shall be put upon the termsProject, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in wholeBuildings, in partthe halls, elevators, staircases, entrances, parking areas, or as a part upon the doors or walls, without the prior written approval of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting reasonable discretion. All signs or lettering installed by Tenant which is visible from the exterior of the Premises shall conform in all respects to the sign and/or other portions lettering criteria reasonably established by Landlord and Tenant and comply with the CC&R's and all Applicable Laws. Landlord, at ▇▇▇▇▇▇▇▇'s sole cost and expense, reserves the right to change the door plaques as Landlord deems reasonably desirable. 32.2 Notwithstanding the foregoing, Landlord hereby agrees that, subject to Tenant's compliance with the requirements set forth above, subject to existing (as of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees Effective Date) rights of existing tenants and all court costs) that Landlord suffers as a result of Tenant’s holdover use relevant municipal and occupancy business park rules and regulations, Tenant shall have exclusive signage rights with respect to the Building if Tenant is the occupant of the Premisesentire Building and pro-rata signage rights for so long as the Building is a multi-tenant Building.

Holding Over. Without Landlord’s prior written consent, ▇. ▇▇▇▇▇▇ agrees that if for any reason Tenant may not occupy or retain, or allow any subtenant of Tenant shall fail to occupy or retain, vacate and surrender possession of the Premises at or any time after part thereof on or before the Term ends. If without Landlordexpiration or earlier termination of this Lease and the Term, then ▇▇▇▇▇▇’s prior written consent Tenant holds over after the Term ends, Landlord may regain continued possession of the Premises by shall be as a month-to-month tenancy, during which time, without prejudice and in addition to any legal process other rights and remedies Landlord may have hereunder or at law, Tenant shall: (1) pay to Landlord an amount (the “Holdover Amount”) equal to 50 percent of the Base Rent in force at addition to the regularly recurring Rent payable hereunder prior to such timetermination and (2) comply with all other terms and conditions of this Lease. It will The provisions of this section shall not in any way be conclusively presumed that the value deemed to (i) permit Tenant to Tenant of remaining remain in possession of the Premises after the Term endsExpiration Date or sooner termination of this Lease or (ii) imply any right of Tenant to use or occupy the Premises upon expiration or termination of this Lease and the Term, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this section. Landlord waives no rights against Tenant by reason of accepting any holding over by ▇▇▇▇▇▇, including without limitation the right to terminate such month-to-month tenancy as provided by law at any time after the expiration of the Term and any right to damages in the event that ▇▇▇▇▇▇’s holding over causes Landlord to suffer any loss. Tenant’s obligations under this section shall survive the expiration or earlier termination of this Lease. B. Notwithstanding anything herein to the contrary, Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or damage that Landlord may suffer liability resulting from delay by Tenant in surrendering the Premises upon expiration or sooner termination of the Term, including, without limitation, any claims made by any succeeding tenant founded on such delay or any lost profits, losses, costs, expenses or liability payable to such tenant as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premises.

Holding Over. Without Landlord’s prior written consentUnless Landlord expressly agrees otherwise in writing, for each day Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession shall retain Possession of the Premises at or any time part thereof after the Term ends. If without Landlord’s prior written consent day on which this Lease expires or is earlier terminated (the "Hold-Over Period"), Tenant holds over after shall pay for all damages sustained by Landlord on account thereof and shall pay Landlord the Term endsfollowing amounts (or the highest amount permitted by Law, Landlord may regain possession of the Premises by any legal process in force at such time. It will whichever shall be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term endsless), and the loss or damage that Landlord may suffer as prorated on a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent per diem basis: (a) one hundred fifty percent (150%) of the monthly installments amount of Base Rent being paid immediately before then applicable for each day until and including the thirtieth day of the Hold-Over Period and (b) two hundred percent (200%) of the amount of Rent then applicable for each day of the Hold- Over Period thereafter. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions of this Lease Expiration Date, plus escalations, Additional Rentuntil Tenant vacates the Premises, and shall be subject to the provisions of Article 13). Notwithstanding the foregoing to the contrary, at any time before or after expiration or earlier termination of the Lease, Landlord may serve notice advising Tenant of the amount of Rent and other charges paid terms required, should Tenant hold over (and if Tenant shall hold over more than one full calendar month after such notice, Tenant shall thereafter be deemed a month-to-month tenant, on an installment basisthe terms and provisions of this Lease then in effect, for each month or part of a month as modified by Landlord's notice, and except that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will shall not be entitled to a refund any renewal or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of expansion rights contained in this Lease will be forfeitedor any amendments hereto). Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the The provisions of this Section 26.2 may result Article do not waive Landlord's right of re-entry or right to regain possession by actions at law or in material damages to Landlord (including equity or any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmlessrights hereunder, and defend any receipt of payment by Landlord from all damages, losses, shall not be deemed a consent by Landlord to Tenant's remaining in possession or be construed as creating or renewing any lease or right of tenancy between Landlord and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premises.

Holding Over. Without LandlordAny holding over by Tenant after the expiration of the term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable except that Tenant shall pay as a use and occupancy charge an amount equal to the sum of (i) one hundred and fifty percent (150%) for the first sixty (60) days in which the Tenant holds over, and thereafter increasing to an amount equal to two hundred percent (200%), of the greater of (x) the Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the highest rate payable under the terms of this Lease, or (y) the fair market rental value of the Premises, in each case for the period measured from the day on which Tenant’s prior written consenthold-over commences and terminating on the day on which Tenant vacates the Premises. In addition, Tenant shall save Landlord, its agents and employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages which Landlord may not occupy suffer on account of Tenant’s hold-over in the Premises after the expiration or retain, prior termination of the term of this Lease. Nothing in the foregoing nor any other term or allow any subtenant provision of this Lease shall be deemed to occupy or retain, permit Tenant to retain possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds or hold over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and expiration or earlier termination of the loss Lease Term. All property which remains in the Building or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will expiration or termination of this Lease shall be liable conclusively deemed to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, be abandoned and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will may either be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the first day sale, the cost of such monthmoving and storage, and any arrears of rent or other charges payable hereunder by Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to which Landlord may be entitled under this Lease and at law and in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesequity.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining should remain in possession of all or any portion of the Premises Tenant Space after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had expiration of the Term continued during of this Lease (or any earlier termination of this Lease or the holdover period. If termination of Tenant’s right to possess the Tenant continues to occupy Space), without the Premises after execution by Landlord and Tenant of a new lease or an extension of the Term endsof this Lease, then Tenant will shall be liable deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the monthly installments of Base Rent being paid immediately before payable by Tenant to Landlord during the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each last month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other of this Lease and one hundred percent (100%) of the Additional Rent or charges due, reasonable attorneys’ fees, and all court costs payable by Tenant to Landlord incurs in regaining possession during the last month of the Premises and/or to recover the foregoing amountsTerm of this Lease. Such The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for the first calendar month (such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or part thereof) during the earlier termination shall be deemed a consent to any holdover period will be due and payable on the day immediately following the end hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and for each calendar month thereafter during notwithstanding any provision to the holdover periodcontrary contained herein, such damages will be due and payable on Landlord expressly reserves the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as right to require Tenant to surrender possession of the first day Tenant Space upon the expiration of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms Term of this Lease will be forfeited. Holdover occupancy by or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant will be subject to and collect damages in connection with any such holdover. 13.3.1 Notwithstanding the foregoing, should Tenant remain in possession of all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger any portion of the Building) to another tenant immediately Suite 1.5 Tenant Space after the Term ends and that any breach or other violation expiration of the provisions Suite 1.5 Term, without the execution by Landlord and Tenant of an amendment to this Section 26.2 may result in material damages Lease to Landlord (including any damages permit otherwise, then Tenant shall be deemed to Landlord in connection with its reletting of be occupying the Premises and/or other portions of the Building). Suite 1.5 Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers Space as a result of Tenant’s holdover use tenant-at-sufferance, upon all the terms contained herein, except as to term and occupancy of the Premises.Suite

Holding Over. Without Landlord’s prior written consent, In the event of holding over by Tenant may not occupy after expiration or retain, other termination of this Lease or allow any subtenant to occupy or retain, possession of in the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If event Tenant continues to occupy the Premises after the Term endstermination of Tenant's right of possession pursuant to Articles XXII and XXlll hereof (and provided Tenant has not exercised its Renewal Option pursuant to Exhibit C), then 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 will shall, throughout the entire holdover period, be liable subject to all the terms and provisions of this Lease and shall pay to Landlord for its use and occupancy an amount (on a per month basis without reduction for any partial months during any such holdover) equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the monthly installments sum of the Base Rent being paid Rental and Additional Base Rental due for the period immediately before preceding such holding over, provided if the holding over continues for more than fourteen (14) days, effective as of the fifteenth (15th) day, holdover rent shall increase to 200% of the sum of the Base Rental and Additional Base Rental due for the period immediately preceding such holding over, provided that in no event shall Base Rental and Additional Base Rental during the holdover period be less than the fair market rental for the Premises. No holding over by Tenant or payments of money by Tenant to Landlord after the expiration of the term of this Lease shall be construed to extend the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month Term or part prevent Landlord from recovery of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining immediate possession of the Premises and/or by summary proceedings or otherwise. In addition to recover the foregoing amounts. Such damages for obligation to pay the first calendar month (or part thereof) amounts set forth above during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the any such holdover period, such damages will Tenant also shall be due and payable on the first day liable to Landlord for all damage, including any consequential damage, which Landlord may suffer by reason of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned any holding over by Landlord as of the first day of such monthTenant, and Tenant will shall indemnify Landlord against any and all claims made by any other tenant or prospective tenant against Landlord for delay by Landlord in delivering possession of the Premises to such other tenant or prospective tenant. Notwithstanding the foregoing, Tenant shall not be entitled to liable for consequential damages unless (1) Landlord notifies Tenant that it has entered into a refund lease 33 for the Premises or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends has received a bona fide offer to lease the Premises, and (2) Tenant fails to vacate the Premises within thirty (in whole, in part, or as a part of a larger portion of the Building30) to another tenant immediately days after the Term ends and that any breach or other violation date of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the PremisesLandlord's notice.

Holding Over. Without Tenant shall, at the termination of this Lease by lapse of time or otherwise, yield up immediate possession to Landlord’s prior written consent, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by or any legal process in force at such time. It will be conclusively presumed that the value to party claiming under Tenant of remaining remains in possession of the Premises, or any portion thereof at the termination of this Lease, no tenancy or interest in the Premises shall result therefrom, unless Landlord elects as hereinafter provided, but such holding over shall be an unlawful detainer and all such parties shall be subject to immediate eviction and removal. If, without the written consent of Landlord, Tenant or any party claiming under Tenant remains in possession of the Premises, or any part thereof, after the Term endstermination of this Lease, Landlord may, in addition to its other rights, including without limitation, rights of ejectment and the loss or damage that Landlord may suffer damages, elect, in its sole discretion, to treat such holding over by Tenant as a result thereofcreation of a month-to-month tenancy subject to all of the terms, far exceed covenants and conditions in this Lease insofar as the Rent same are applicable to a month-to- month tenancy, except that Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to shall pay to Landlord a monthly Basic Rental in an amount equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the monthly installments Basic Rental in effect during the last month of Base Rent being paid immediately before the Lease Expiration Dateterm of this Lease. In the event Tenant holds over pursuant to this Section 18, plus escalationsthen Tenant shall give Landlord at least thirty (30) days prior written notice of any intention to quit the Premises and Tenant shall be entitled to thirty (30) days prior written notice to quit the Premises, Additional Rent, and except in the event of nonpayment of rent in advance or the breach of any other charges paid on an installment basiscovenant by Tenant, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such monthevent, and Tenant will shall not be entitled to a refund any notice to quit, the usual thirty (30) days notice to quit being hereby expressly waived. If Landlord agrees in writing that Tenant may hold over after the expiration or reduction termination of Rent for any such partial month. Any security deposit provided to Landlord pursuant to this Lease, unless the parties hereto otherwise agree in writing on the terms of this Lease will be forfeited. Holdover occupancy by Tenant will such holding over, the holdover tenancy shall be subject to termination by either Landlord or Tenant at any time upon not less than thirty (30) days advance written notice (except in the event of nonpayment of rent in advance or the breach of any other covenant by Tenant, in which event, Tenant shall not be entitled to any notice to quit, the usual thirty (30) days notice to quit being hereby expressly waived), and all of the terms, agreements, other terms and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Lease shall be applicable during that period, except Tenant shall pay Landlord in connection with its reletting advance, as the monthly Basic Rental for the period of any holdover, an amount equal to one hundred fifty percent (150%) of the Premises and/or other portions monthly Basic Rental in effect on the termination date, computed on a daily basis for each day of the Building)holdover period. Tenant will indemnifyNo holding over by Tenant, hold harmlesswhether with or without consent of Landlord, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers shall operate to extend this Lease except as a result of Tenant’s holdover use and occupancy of the Premisesotherwise expressly provided in this Lease.

Holding Over. Without Landlord’s prior written consent, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Original Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) expiration of the monthly installments Vacation Period (as defined in Section 1.02 above), occupancy of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Original Premises after the date expiration of the Term endsVacation Period shall be that of a tenancy at sufferance and in no event for month-to-month or year-to-year, plus but Tenant shall, throughout the entire holdover period, be subject to all the terms and provisions of the Lease and shall pay for its use and occupancy an amount (on a per month basis without reduction for any other partial months during any such holdover) equal to twice the sum of the Base Rent and Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages due for the first calendar month (or part thereof) period immediately preceding such holding over, provided that in no event shall Base Rent and Additional Rent during the holdover period will be due and payable on less than the day immediately following fair market rental for the end Original Premises. No holding over by Tenant in the Original Premises or payments of money by Tenant to Landlord after the expiration of the Term, and for each calendar month thereafter Vacation Period shall be construed to prevent Landlord from recovery of immediate possession of the Original Premises by summary proceedings or otherwise. In addition to the obligation to pay the amounts set forth above during the any such holdover period, such damages will Tenant also shall be due and payable on liable to Landlord for all damage, including any consequential damage, which Landlord may suffer by reason of any holding over by Tenant in the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such monthOriginal Premises, and Tenant will not be entitled to a refund shall indemnify Landlord against any and all claims made by any other tenant or reduction of Rent prospective tenant against Landlord for any such partial month. Any security deposit provided to delay by Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all in delivering possession of the termsOriginal Premises to such other tenant or prospective tenant. Notwithstanding the foregoing, agreementsif Tenant continues to occupy the Original Premises, and conditions but for a period of this Lease. Tenant acknowledges and agrees that Landlord intends to lease less than 30 days after the Premises (in whole, in part, or as a part of a larger portion expiration of the Building) to another tenant immediately after Vacation Period, Tenant shall be charged the Term ends and that any breach or other violation of the provisions of holdover rent set forth in this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as 10 on a result of Tenant’s holdover use and occupancy of the Premisesper diem basis only.

Holding Over. Without Landlord’s prior written consent(a) Unless Landlord expressly agrees otherwise in writing, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession shall pay Landlord 150% of the Premises at any time after the Term ends. If without Landlord’s amount of rent and additional rent then in effect immediately prior written consent Tenant holds over after the Term endsto expiration or earlier termination of this Lease, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as computed on a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month portion thereof that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent shall fail to vacate or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining surrender possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or any part thereof) during the holdover period will be due and payable on the day immediately following the end thereof after expiration of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund Term or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms earlier termination of this Lease will in the condition required under this Lease, together with all damages (direct and consequential) sustained by Landlord on account thereof. Tenant shall pay such amounts on demand, and, in the absence of demand, monthly in advance. The foregoing provisions, and Landlord's acceptance of any such amounts, shall not serve as permission for Tenant to hold‑over, nor serve to extend the term (although Tenant shall remain a tenant-at-sufferance bound to comply with all provisions of this Lease until Tenant properly vacates the Premises). Landlord shall have the right at any time after expiration or earlier termination of this Lease to reenter and possess the Premises and remove all property and persons therefrom, and Landlord shall have such other remedies for holdover as may be forfeitedavailable to Landlord under other provisions of this Lease or applicable laws. (b) Notwithstanding anything set forth in subparagraph (a) to the contrary, Tenant shall have the one-time right to extend the initial Term or the Extended Term (as applicable) for a period of up to six (6) months thereafter (the “Temporary Extension Term”) by delivering written notice of the exercise of such right at least one (1) year prior to the expiration of the initial Term or the Extended Term, which notice shall specify the period of the Temporary Extension Term Tenant selects (which period shall be not less than one (1) month nor more than six (6) months). Holdover occupancy At Landlord’s option, Tenant’s exercise notice shall be ineffective, and there shall be no extension of this Lease for the Temporary Extension Term, if there exists an Event of Default by Tenant will on the date Tenant delivers such notice to Landlord or on the date the Temporary Extension Term commences. The right to extend this Lease for the Temporary Extension Term is personal to the Tenant identified in the preamble of this Lease and shall not be subject assignable to or exercisable by any other party other than a permitted assignee pursuant to subparagraph 16(e) of this Lease. If Tenant timely exercises this right, all of the terms, agreements, terms and conditions of this Lease. Lease shall apply during the Temporary Extension Term, except that the monthly Base Rent payable by Tenant acknowledges and agrees that Landlord intends to lease during the Premises (in whole, in part, or as a part of a larger portion Temporary Extension Term shall be equal 125%) of the Building) to another tenant immediately after monthly Base Rent applicable during the Term ends and that any breach or other violation of last rental period before the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmlessTemporary Extension Term, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of Tenant shall have no further right to extend this Lease beyond the PremisesTemporary Extension Term.

Holding Over. Without Landlord’s prior written consent, Tenant may will not occupy or retain, or allow any subtenant be permitted to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds hold over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the expiration or earlier termination of the Term endswithout the express written consent of Landlord, and the loss or damage that which consent Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover periodwithhold in its sole and absolute discretion. If Tenant continues to occupy the Premises holds over after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month expiration or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end earlier termination of the Term, and for each calendar month thereafter during the holdover periodLandlord may, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on at its option, treat Tenant as a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such monthtenant at sufferance only, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover continued occupancy by Tenant will shall be subject to all of the terms, agreements, covenants and conditions of this Lease. Tenant acknowledges and agrees , so far as applicable, except that Landlord intends the Monthly Base Rent for any such holdover period shall be equal to lease the Premises greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in wholeeffect under this Lease immediately prior to such holdover, or (ii) the then currently scheduled rental rate for comparable space in the Building, in parteither event prorated on a monthly basis; provided, or as however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a part minimum of a larger portion full month's worth of the Buildingholdover rent shall be due, whether Tenant hold over one (1) to another tenant immediately day of all thirty (30) days. Acceptance by Landlord of rent after the Term ends and that any breach such expiration or other violation earlier termination will not result in a renewal of the this Lease. The foregoing provisions of this Section 26.2 may result Paragraph 11 are in material damages addition to and do not affect Landlord's right of re-entry or any rights of Landlord (including any damages under this Lease or as otherwise provided by law. If Tenant fails to Landlord in connection with its reletting of surrender the Premises and/or other portions upon the expiration of this Lease in accordance with the Building). terms of this Paragraph 11 despite demand to do so by Landlord, Tenant will agrees to promptly indemnify, protect, defend and hold harmless, and defend Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including reasonable attorneys’ attorney's fees and all court costs) that ), including, without limitation, costs and expenses incurred by Landlord suffers as a result of in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant’s holdover use and occupancy of 's failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. Without Landlord’s prior written consent, In the event of holding over by Tenant may not occupy after expiration or retain, other termination of this Lease or allow any subtenant to occupy or retain, possession of in the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If event Tenant continues to occupy the Premises after the Term endstermination of Tenant's right of possession pursuant to Articles XXII and XXIII hereof, then 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 will shall, throughout the entire holdover period, be liable subject to all the terms and provisions of this Lease and shall pay for its use and occupancy an amount (on a per month basis without reduction for any partial months during any such holdover) equal to 150% of the sum of the Base Rental and Additional Base Rental due for the period immediately preceding such holding over, provided that in no event shall Base Rental and Additional Base Rental during the holdover period be less than the fair market rental for the Premises, and provided further if the holding over continues for more than thirty (30) days, effective as of the thirty-first day, holdover rent shall increase to 200% of the sum of the Base Rental and Additional Base Rental due for the period immediately preceding such holding over. No holding over by Tenant or payments of money by Tenant to Landlord an amount equal to One Hundred Fifty Percent (150%) after the expiration of the monthly installments term of Base Rent being paid immediately before this Lease shall be construed to extend the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month Term or part prevent Landlord from recovery of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining immediate possession of the Premises and/or by summary proceedings or otherwise. In addition to recover the foregoing amounts. Such damages for obligation to pay the first calendar month (or part thereof) amounts set forth above during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the any such holdover period, such damages will Tenant also shall be due and payable on the first day liable to Landlord for all damage, including any consequential damage, which Landlord may suffer by reason of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned any holding over by Landlord as of the first day of such monthTenant, and Tenant will not be entitled to a refund shall indemnify Landlord against any and all claims made by any other tenant or reduction of Rent prospective tenant against Landlord for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy delay by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting delivering possession of the Premises and/or to such other portions of tenant or prospective tenant. Notwithstanding the Building). Tenant will indemnifyforegoing, hold harmless, and defend Tenant's liability for any consequential damage shall be limited to damages suffered by Landlord from all damages, losses, and costs following the thirtieth (including reasonable attorneys’ fees and all court costs30th) that Landlord suffers as a result day of Tenant’s 's holdover use and occupancy of in the Premises.

Holding Over. Without Landlord’s prior written consent, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession shall vacate the Demised Premises immediately upon the expiration of the Premises at any time after the Lease Term endsor earlier termination of this Lease. If without Landlord’s prior written consent Tenant holds over after the Term ends, shall reimburse Landlord may regain possession of the Premises for and indemnify Landlord against all damages incurred by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereofof any delay by Tenant in vacating the Demised Premises, far exceed the Rent Tenant would have paid had the Term continued during the holdover periodPROVIDED, HOWEVER, IN NO EVENT SHALL TENANT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES AND/OR LOST PROFITS SUSTAINED BY LANDLORD AS A RESULT OF ANY HOLDING OVER BY TENANT UNLESS AND UNTIL SUCH HOLDING OVER HAS CONTINUED FOR MORE THAN THIRTY (30) DAYS AFTER THE EXPIRATION OR ANY EARLIER TERMINATION OF THIS LEASE. TENANT MAY HOLD OVER FOR A PERIOD OF THIRTY (30) DAYS WITHOUT AN INCREASE OF BASE RENT PROVIDED THAT THE TENANT IS NOT IN DEFAULT AND FURTHER PROVIDED THAT TENANT GIVES WRITTEN NOTICE OF THE HOLDOVER TO LANDLORD AT LEAST 90 DAYS PRIOR TO EXPIRATION OF THE LEASE TERM. If Tenant continues to occupy does not vacate the Demised Premises after upon the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) expiration of the monthly installments Lease Term or earlier termination of Base Rent being paid immediately before the Lease Expiration Datethis Lease, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession Tenant’s occupancy of the Demised Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will shall be due and payable on the a day-to-day immediately following the end of the Termtenancy, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions terms of this Lease. Tenant acknowledges , except that the Base Rent during the holdover period shall be increased to an amount which is one and agrees that Landlord intends to lease a half (1.5) times the Premises (Base Rent in wholeeffect on the expiration or termination of this Lease, in part, or as computed on a part of a larger portion daily basis for each day of the Building) holdover period, plus all additional sums due under this Lease. This paragraph shall not be construed as Landlord’s consent for Tenant to another tenant immediately after the Term ends and that any breach hold over or other violation of the provisions of to extend this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the PremisesLease.

Holding Over. Without Landlord’s prior written consentIf not sooner terminated as herein provided, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession this Lease shall terminate at the end of the Premises at any time after Term without the Term endsnecessity of notice from either Landlord or Tenant to terminate the same. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by or any legal process in force at such time. It will be conclusively presumed that the value to party claiming under Tenant of remaining remains in possession of the Premises Demised Premises, or any part thereof, after the Term endsexpiration or earlier termination of this Lease, no tenancy or interest in the Demised Premises shall result therefrom, but such holding over shall be a tenancy at sufferance and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent all such parties shall be subject to immediate eviction and removal and Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to shall upon demand pay to Landlord an amount a per diem sum equal to One Hundred Fifty Percent all Additional Rent provided for in this Lease during any period which Tenant shall hold over the Demised Premises, plus a per diem amount computed at the rate of one hundred fifty percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar last month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such plus all direct damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned incurred by Landlord as a result of such holdover. Landlord expressly waives any consequential damages incurred by Landlord as a result of such holdover. The acceptance of any such amounts by Landlord shall not estop Landlord from pursuing or constitute a waiver by Landlord of its rights against Tenant as a tenant at sufferance. Notwithstanding the foregoing, in the event that Tenant shall give Landlord at least ninety (90) days prior written notice of its intent to hold over, then for the first day ninety (90) days of such monthholdover, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided shall have no liability to Landlord pursuant for damages incurred by Landlord because of such holdover, Tenant shall have the right to occupy the terms Demised Premises during such period of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to holdover upon all of the terms, agreements, terms and conditions of this Lease. Tenant acknowledges , and agrees that Landlord intends to lease the Premises Base Rent during such 90-day period shall be one hundred twenty-five percent (in whole, in part, or as a part of a larger portion 125%) of the Building) to another tenant immediately after Base Rent for the Term ends and that any breach or other violation last month of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the PremisesTerm.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy or retain, or allow any subtenant to occupy or retain, retains possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Leased Premises after the Term ends, and the loss expiration or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms earlier termination of this Lease will Lease, Tenant shall be forfeiteda tenant at sufferance. Holdover Tenant’s occupancy by Tenant will shall be subject to all of the terms, agreements, terms and conditions provisions of this Lease. , and Tenant acknowledges shall (a) pay an amount (on a per month basis without reduction for partial months during the holdover) equal to (1) 125% (relative to the initial three (3) months of any such holdover) or (2) 150% (relative to the period from and agrees after the initial three (3) months of any such holdover) of the Monthly Rental Installment and 100% of the Additional Rent (as defined in Section 3.03(a)) due for the period immediately preceding the holdover; (b) if a holdover continues for more than one hundred and twenty (120) days following written notice from Landlord (which notice may be delivered at any time on or after the commencement of such holdover period), Tenant shall be liable to Landlord for (i) any payment or rent concession that Landlord intends may be required to lease make to any tenant obtained by Landlord for all or any part of the Leased Premises (a “New Tenant”) in whole, in part, or as a part of a larger portion order to induce such New Tenant not to terminate its lease by reason of the Buildingholding-over by Tenant, and (ii) to another tenant immediately the loss of the benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding-over by Tenant; and (c) indemnify Landlord against all claims for damages by any New Tenant. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Lease Term ends and that any breach or other violation prevent Landlord from immediate recovery of possession of the provisions Leased Premises by summary proceedings or otherwise, and this Section 2.04 shall in no way constitute consent by Landlord to any holding over by Tenant upon the expiration or earlier termination of this Section 26.2 may result Lease, nor limit Landlord’s remedies in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisessuch event.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy remains in possession of all or retain, or allow any subtenant to occupy or retain, possession part of the Premises at any time after the Term endsexpiration or earlier termination of the Term, then such holding over shall be a tenancy at sufferance, for the entire Premises, subject to the terms and conditions of this Lease, except that Tenant monthly installments of Base Rent shall be determined on a per month basis without reduction for partial months during the holdover and shall be 150% of the monthly installment of Base Rent payable for the last full month immediately preceding the holdover plus 100% of the monthly installment of Real Property Taxes and Operating Expenses payable by Tenant for the last full month immediately preceding the holdover. If without This Section shall not be construed as Landlord’s prior written consent permission for Tenant holds over after to holdover. Acceptance of Rent by Landlord following expiration or termination shall not constitute an extension of the Term ends, or prevent Landlord may regain from immediate recovery of possession of the Premises by summary proceedings or otherwise. Notwithstanding any legal process provision in force at such timethis Lease to the contrary, any holdover by Tenant shall constitute an Event of Default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the case of an Event of Default by Tenant. It will be conclusively presumed that the value to If Tenant of remaining remains in possession of all or any part of the Premises after the Term endsexpiration or earlier termination of the Term, then Tenant shall indemnify and hold Landlord harmless from and against all Losses (including, without limitation, consequential damages) resulting from or arising out of Tenant’s failure to surrender the loss Premises, including, but not limited to, any amounts required to be paid to any tenant or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would prospective tenant who was to have paid had the Term continued during the holdover period. If Tenant continues to occupy occupied the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month expiration or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms earlier termination of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including related reasonable attorneys’ fees and all court costs) that brokerage commissions. Landlord suffers shall advise Tenant in writing promptly after Landlord enters into a lease providing for occupancy of any portion of the Premises by a tenant after the Expiration Date (“Landlord’s New Lease Notice”). Notwithstanding anything to the contrary herein contained, Tenant shall not be liable for any damages as a result of a holdover (other than increased Base Rent as set forth above) unless such holdover continues for a period of more than 60 days after Tenant’s receipt of Landlord’s New Lease Notice. (For example, (i) if Tenant receives Landlord’s New Lease Notice 60 or more days prior to the Expiration Date, Tenant will be liable for damages as a result of any holdover use after the Expiration Date, and occupancy (ii) if Tenant receives Landlord’s New Lease Notice 30 days prior to the Expiration Date, Tenant will be liable for damages as a result of the Premisesholdover only if it holds over for more than 30 days after the Expiration Date.).

Holding Over. Without Landlord’s prior written consent, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, ▇▇▇▇▇▇ acknowledges that possession of the Premises Land and Improvements must be surrendered to Landlord at the expiration or sooner termination of the Term. ▇▇▇▇▇▇ agrees to indemnify Landlord against and save Landlord harmless from all costs, claims, loss or liability resulting from the failure or delay by ▇▇▇▇▇▇ in so surrendering the Land and Improvements, including, without limitation, any time after claims made by any succeeding tenant founded on such failure or delay. The parties recognize and agree that the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, damage to Landlord may regain resulting from any failure by ▇▇▇▇▇▇ to surrender possession of the Premises Land and Improvements as required by Section 20.01 above timely as aforesaid may exceed the amount of any legal process in force at such time. It Rent theretofore payable hereunder, and will be conclusively presumed that the value impossible to measure accurately. Unless Landlord and Tenant of remaining agree otherwise in writing, if possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay Land and/or Improvements is not surrendered to Landlord an amount equal to One Hundred Fifty Percent (150%) of upon the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month expiration or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end sooner termination of the Term, then Tenant shall pay to Landlord, as liquidated damages for each month and for each calendar portion of any month thereafter during which Tenant holds over in the holdover period, such damages will be due and payable on Land and/or Improvements after the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as expiration or sooner termination of the first day of such monthTerm, and Tenant will not be entitled in addition to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord sums payable pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject foregoing indemnity, a sum equal to all 1.5 times the Prevailing Rent, as pro-rated for the period of the termshold over, agreementsas reasonably determined by Landlord. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Land and/or Improvements after the expiration or sooner termination of the Term. If ▇▇▇▇▇▇ holds over in possession after the expiration or termination of the Term, such holding over shall not be deemed to extend the Term or renew this Lease, but the tenancy shall be from month to month upon the terms and conditions of this LeaseLease at the Prevailing Rent as reasonably determined by Landlord. Tenant acknowledges and agrees that Landlord intends to lease This provision shall survive the Premises (in whole, in part, expiration or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions earlier termination of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the PremisesLease.

Holding Over. Without Landlord’s prior written consent, Tenant may not occupy or retainIf Tenant, or allow any subtenant anyone claiming under Tenant, fails to occupy or retain, possession vacate and surrender the Premises to Landlord at the end of the Premises Term, then Tenant shall be a tenant at any time sufferance and, in addition to all other damages and remedies to which Landlord may be entitled for such holding over Tenant shall pay Rent at a monthly rate equal to one and one-half (1 ½) times the sum of the Basic Rent plus Additional Rent payable during the last calendar month of the Term for the entire holdover period, calculated and pro-rated on a daily basis, and Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. No holding over by Tenant after the Term ends. If without Landlord’s prior written consent Tenant holds over after end of the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will shall be conclusively presumed that the value construed to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover periodextend this Lease. If Tenant continues fails to occupy vacate and surrender the Premises after the Term ends, then Tenant will be liable to pay to Landlord at the end of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all losses, costs (including reasonable attorneys’ fees) and liabilities resulting from such failure, including any claims made by any succeeding tenant founded upon such failure to vacate and surrender the Premises to Landlord, and any lost profits to Landlord resulting therefrom. Notwithstanding the foregoing, any holding over with the express written consent of Landlord shall constitute this Lease a lease from month-to-month (and shall not constitute a renewal of this Lease for any further term or an amount extension of the Term), and Tenant shall pay Rent at a monthly rate equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the monthly installments sum of Base the Basic Rent being paid immediately before plus the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of payable during the Premises and/or to recover the foregoing amounts. Such damages for the first last calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, calculated and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends prorated on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such monthdaily basis, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will shall otherwise be subject to all of the terms, agreements, terms and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the The provisions of this Section 26.2 may result in material damages 21 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord (including any damages to Landlord in connection with its reletting provided herein or at law. The provisions of this Section 21 shall survive the expiration or earlier termination of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the PremisesTerm.

Holding Over. Without Landlord’s prior written consentIf Tenant shall, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of without the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds of Landlord, hold over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in and not yield up immediate possession of the Premises after the Term endsexpiration of the Lease Term, then Landlord may, at its option, serve written notice upon the Tenant that such holding over constitutes any one of the following: (i) creation of a month-to-month tenancy, or (ii) creation of a tenancy at sufferance; in any case, upon the terms and conditions set forth in this Lease except that the loss monthly Rent (or damage that daily Rent under (ii) above) shall, in addition to all other sums which are to be paid by the Tenant hereunder, whether or not as Additional Rent, be equal to 150% of the sum of the Base Rent plus 100% of the sum of the Additional Rent owed monthly to Landlord may suffer under this Lease immediately prior to such expiration or termination (prorated in the case of (ii) above on the basis of a 365 day year) for each day the Tenant remains in possession in the same manner as provided in the Lease for the payment of Rent and Additional Rent if no such notice is served, then a result thereoftenancy at sufferance be deemed created. Notwithstanding the foregoing and so long as Tenant delivers to Landlord or written notice to Landlord at least twelve (12) months prior to the Expiration Date, far exceed Tenant shall have the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues right to occupy hold over in the Premises after for the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent initial three (1503) months following the Expiration Date at the rate of one hundred twenty-five percent (125%) of the monthly installments sum of the Base Rent being paid owed monthly to Landlord under this Lease immediately before prior to such expiration or termination. In the Lease Expiration Datecase of a holdover which has been consented to by Landlord, plus escalationsunless otherwise agreed to in writing by Landlord and Tenant, Additional RentTenant shall give to Landlord thirty (30) days prior written notice of any intention to quit the Premises, and Tenant shall be entitled to thirty (30) days prior written notice to quit the Premises, except in the event of non payment of Rent or Additional Rent when due or the breach of any other charges paid on an installment basis, for each month covenant or part the existence of a month that Tenant occupies the Premises after the date the Term ends, plus default. The provisions of this section shall not constitute a waiver by Landlord of any other right of re-entry as provided herein nor shall receipt of any Rent or Additional Rent or charges dueany other apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for a breach of any terms, reasonable attorneys’ feescovenants or obligation contained in this Lease on the Tenant’s part to be performed. Additionally, Tenant shall be liable to Landlord for all penalties and other direct damages sustained by Landlord if (i) Tenant holds over for more than thirty (30) days following Landlord’s delivery of a written notice to vacate, (ii) such holdover is not otherwise permitted hereunder, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereofiii) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord notice informs Tenant as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease circumstances under which Landlord will be forfeited. Holdover occupancy by Tenant will be subject to all of sustain such penalties and other direct damages and the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesamount thereof.

Holding Over. Without In the event Tenant remains in possession of any part of the Premises after the expiration of the tenancy created hereunder, without Landlord’s prior 's written consent, Tenant may not occupy or retain, or allow any subtenant shall be considered a hold-over tenant subject to occupy or retain, possession all of the Premises at any time after conditions of this Lease insofar as the same are applicable to a hold-over tenant, except that the monthly rent payable by Tenant shall be an amount equal to 150% of the rate paid by Tenant during the last month of the Term endsor any Extended Term allowed hereunder. Notwithstanding anything to the contrary contained herein, during any hold-over tenancy, Tenant shall vacate the Premises within ten (10) days of receipt of Landlord's written notice ("Holdover Notice To Vacate"). If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining remains in possession of the Premises after the Term endsHoldover Notice To Vacate without the execution of a new lease, and it shall be occupying the loss or damage that Landlord may suffer Premises as a result thereoftenant at sufferance, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this LeaseLease insofar as the same are applicable to tenant at sufferance, except that the monthly rent payable by Tenant shall be an amount equal to 300% of the rate paid by Tenant during the last month of the Term or any Extended Term allowed hereunder. Tenant acknowledges shall indemnify and agrees that hold Landlord intends to lease the Premises (in wholeharmless from and against all claims, in partliabilities, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, lossescosts or expenses, and costs (including reasonable attorneys’ ' fees and all court costscosts of defending the same, incurred by Landlord and arising from Tenant's failure to timely surrender the Premises, including (i) that Landlord suffers any rent payable by or any loss, cost, or damages, including lost profits, proven by any prospective tenant of the Premises, and (ii) Landlord's damages as a result of Tenant’s holdover use and occupancy such prospective tenant rescinding or refusing to enter into the prospective lease of the Premises by reason of such failure to timely surrender the Premises. Nothing contained herein shall limit Landlord's right to evict Tenant as allowed under Minnesota law.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy or retain, any Person acting by or allow any subtenant to occupy or retain, through Tenant shall retain possession of the Leased Premises after expiration of the Lease Term, Tenant or such Person shall be a tenant at sufferance. For the period during which Tenant or such Person so retains possession of the Leased Premises, Tenant shall pay Basic Rent in an annual amount equal to one hundred and twenty five percent (125%) of the then appraised value of the fee interest in the Land, as reasonably determined by the District, based on the highest and best use for the Land at the time of any time after such holdover. Tenant shall pay as Additional Rent any costs and expenses of an appraisal incurred by the Term endsDistrict in connection with this Section 3.4. Tenant shall indemnify the District Indemnified Parties and hold them harmless from and against all liabilities, damages, obligations, losses and expenses sustained or incurred by them by reason of such retention of possession of the Leased Premises by Tenant or such Person, except to the extent the same is the result of or arises directly out of the gross negligence or intentional misconduct of the District Indemnified Parties. If without Landlord’s prior the retention of possession of the Leased Premises is with the written consent of the District, such tenancy shall be from month-to-month and in no event from year-to- year or any period longer than month-to-month. The provisions of this Section 3.4 shall not constitute a waiver by the District of any re-entry rights or remedies of the District available under this Lease. Except as modified by this Section 3.4, all terms and provisions of this Lease shall apply during any holdover period. During any such holdover period, each Party shall give to the other at least thirty (30) days notice to quit the Leased Premises, except in the event of nonpayment of Rent when due, or of the breach of any other covenant by Tenant, in which event Tenant holds over after shall not be entitled to any notice to quit, the Term endsusual thirty (30) days notice to quit being expressly waived. Notwithstanding the foregoing provisions of this Section 3.4, Landlord may if the District shall desire to regain possession of the Leased Premises promptly at the expiration of the Lease Term or any extension thereof, the District may re-enter and take possession of the Leased Premises by any legal action or process then in force at such time. It will be conclusively presumed that in the value to Tenant District of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the PremisesColumbia.

Holding Over. Without Landlord’s prior written consentThis Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant may after the expiration shall not occupy constitute a renewal or retainextension of this Lease, or allow give Tenant any subtenant rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to occupy remove its property or retain, possession to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Premises at any time after Term without the Term ends. If without Landlord’s prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant holds over after to the Term endsother. In either of such events, Landlord may regain possession shall be subject to all of the Premises by any legal process in force at such time. It will be conclusively presumed terms of this Lease, except that the value to Tenant monthly Basic Rent shall be the greater of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (a) one hundred fifty percent (150%) of the monthly installments Basic Rent for the month immediately preceding the date of Base termination for the initial two (2) months of holdover and two hundred percent (200%) of the Basic Rent being paid for the month immediately before preceding the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, date of termination for each month of holdover thereafter, or part of a month that (b) the then currently scheduled Basic Rent for comparable space in the Project. If Tenant occupies fails to surrender the Premises after upon the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms expiration of this Lease will be forfeiteddespite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Holdover occupancy Acceptance by Tenant will be subject Landlord of rent after the termination shall not constitute a consent to all of the terms, agreements, and conditions a holdover or result in a renewal of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the The foregoing provisions of this Section 26.2 may result are in material damages addition to and do not affect Landlord's right of re-entry or any other rights of Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesunder this Lease or at law.

Holding Over. Without Landlord’s prior written consentAt the termination of this Lease by its expiration or otherwise, Tenant may not occupy or retainimmediately shall deliver possession to Landlord with all repairs and maintenance required herein to be performed by Tenant completed. If, or allow for any subtenant to occupy or retainreason, Tenant retains possession of the Premises or any part thereof after such termination, then Landlord may, at its option, serve written notice upon Tenant that such holding over constitutes either (i) creation of a month to month tenancy, upon the terms and conditions set forth in this Lease, or (ii) creation of a tenancy at sufferance, in any time after case upon the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term endsterms and conditions set forth in this Lease; provided, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed however, that the value monthly rental or daily rental under (ii) shall, in addition to all other sums which are to be paid by Tenant of remaining in possession of the Premises after the Term endshereunder whether or not as additional rent, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the monthly installments of Base Rent rental being paid monthly to Landlord under this Lease immediately before prior to such termination (prorated in the Lease Expiration Datecase of (ii) on the basis of a 365 day year for each day Tenant remains in possession). If no such notice is served then a tenancy at sufferance shall be deemed to be created at the rent in the preceding sentence. Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenant, plus escalations, Additional Rent, and including the loss of any proposed subsequent tenant for any portion of the 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 charges paid act in apparent affirmance of the tenancy operate as a waiver of the right to terminate this Lease for a breach of any of the terms, covenants, or obligations herein on an installment basisTenant’s part to be performed. No holding over by Tenant, whether with or without consent of Landlord shall operate to extend this Lease except as otherwise expressly provided. The preceding provisions of this Paragraph 16 shall not be construed as consent for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining to retain possession of the Premises and/or to recover in the foregoing amountsabsence of written consent thereto by Landlord. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premises17.

Holding Over. Without Landlord’s prior written consentA. In the event of holding over by Tenant after expiration of this Lease, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession occupancy of the Premises at subsequent to such expiration shall be that of a tenancy on a month-to-month basis, and Tenant shall, throughout the entire holdover period, be subject to all the terms and provisions of this Lease and shall pay for its use and occupancy an amount (on a per month basis without reduction for any time partial months during any such holdover) equal to 110% of the sum of the Base Rental and Additional Base Rental due for the period immediately preceding such holding over. No holding over by Tenant or payments of money by Tenant to Landlord after the expiration of the term of this Lease shall be construed to extend the Lease Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, or prevent Landlord may regain from recovery of immediate possession of the Premises by any legal process in force at such time. It will be conclusively presumed that summary proceedings or otherwise. B. In the value event of holding over by Tenant after a default under this Lease and a termination of Tenant's rights to Tenant of remaining in possession or occupancy of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereofof such default, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues such possession or occupancy subsequent to occupy the Premises after the Term ends, then Tenant will such default and termination shall be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) that of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, a tenancy at sufferance and any other charges paid on an installment basis, in no event for each month-to-month or part of a month that year-to- year, but Tenant occupies shall, throughout the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the entire holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, terms and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result Lease and shall pay for its use and occupancy an amount (on a per month basis without reduction for any partial months during any such holdover) equal to 125% of the sum of the Base Rental and Additional Base Rental due for the period immediately preceding such holding over. In addition to the obligation to pay the amounts set forth in material damages this paragraph B, during any such holdover period after a default under this Lease and a termination of Tenant's rights to Landlord (including any damages to Landlord in connection with its reletting possession or occupancy of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of such default, Tenant shall also be liable to Landlord for all damage, including any consequential damage, which Landlord may suffer by reason of such holding over by Tenant’s holdover use and occupancy of the Premises.

Holding Over. Without Landlord’s prior written consent, The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant may not occupy or retain, or allow any subtenant to occupy or retain, timely surrender possession of the Premises at any time after Property upon the expiration or earlier termination of the Lease Term endswill be substantial, will exceed the amount of the monthly installments of the Base Rent then payable, and will be impossible to accurately measure. If without Landlord’s prior written consent Accordingly, Tenant holds over after the Term ends, Landlord may regain agrees that if possession of the Premises by any legal process in force at such time. It will be conclusively presumed that Property is not surrendered to Landlord on or before the value to Tenant of remaining in possession expiration or earlier termination of the Premises after Lease Term, with or without the Term endsexpress or implied consent of Landlord, such tenancy shall be a month-to-month tenancy only, and the loss shall not constitute a renewal hereof or damage that Landlord may suffer as an extension for any further term, and in such case Base Rent shall be payable at a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount monthly rate equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the monthly installments of Base Rent being paid applicable immediately before the expiration or earlier termination of the Lease Expiration DateTerm. Such month-to-month tenancy shall be subject to every other term, plus escalationscovenant and agreement contained herein, Additional Rentbut Tenant shall have no right to notice of or to exercise any extension right, and any right of first refusal, right of first offer or other charges paid on an installment basissimilar right. Nothing in this Lease, for each month or part of a month that including this Section 2.04, shall be construed as consent by Landlord to Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining retaining possession of the Premises and/or to recover Property after the foregoing amounts. Such damages for the first calendar month (expiration or part thereof) during the holdover period will be due and payable on the day immediately following the end earlier termination of the Term, Lease Term and for each calendar month thereafter during no acceptance by Landlord of payments from Tenant after the holdover period, such damages will expiration or earlier termination of the Lease Term shall be due and payable on the first day of such calendar month. If the holdover period ends on a date deemed to be other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as on account of the first day of such month, and Tenant will not amount to be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy paid by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of accordance with the provisions of this Section 26.2 may result 2.04, which provisions shall survive the expiration or earlier termination of the Lease Term. The provisions of this Section 2.04 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Property upon the expiration or earlier termination of the Lease Term, in material damages addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold harmless Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnifyand Landlord’s members, hold harmlessmanagers, partners, and defend shareholders, as applicable, and the affiliates, employees, agents, and contractors of Landlord and its members, managers, partners, and shareholders, as applicable) from all losses, liabilities, damages, losses, costs and costs expenses (including reasonable attorneys’ fees fees) pertaining to any third party claims resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender, and all court costsany lost profits to Landlord resulting therefrom. Tenant, prior to Tenant’s holdover of the Property, may request from Landlord notice of the following: (1) that whether Landlord suffers has at such time entered into a new lease for the Property, and (2) whether Landlord anticipates incurring any damages as a result of Tenant’s holdover use and occupancy of the Premises.Property, specifying the amount of any such damages. Industrial Lease—Las Vegas, Nevada ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ Las Vegas, Nevada Switch, Ltd.

Holding Over. Without Landlord’s prior written consentExcept as set forth below, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If if Tenant 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 Term); provided, in such event, for the first sixty (60) days of such holdover, monthly Base Rent will remain the then applicable Base Rent payable during the last month of the Term ends, then Tenant and any other sums due under this Lease will be liable payable in the amount and at the times specified in this Lease (all of which shall be prorated on a per diem basis for any partial month); and thereafter, for the next sixty (60) days, the monthly Base Rent will be increased to pay to Landlord an amount equal to One Hundred Fifty Percent one hundred twenty-five (150125%) percent of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) payable during the holdover period will be due and payable on the day immediately following the end last month of the Term, and any other sums due under this Lease will be payable in the amount and at the times specified in this Lease (all of which shall be prorated on a per diem basis for each calendar month any partial month); and thereafter monthly Base Rent will be increased to one hundred fifty (150%) percent of the monthly Base Rent payable during the holdover periodlast month of the Term, such damages and any other sums due under this Lease will be due payable in the amount and at the times specified in this Lease (all of which shall be prorated on a per diem basis for any partial month). Tenant shall pay such rents without the requirement for demand or notice by Landlord to Tenant demanding delivery of possession of the Premises (but Additional Rent shall continue as provided in this Lease), which sum shall be payable in advance on the first day of each month, and such calendar month. If tenancy shall continue until terminated by Landlord by notice to Tenant given at least thirty (30) days prior to the holdover period ends on intended date of termination, or until Tenant shall have given to Landlord, at least thirty (30) days prior to the intended date of termination, a written notice of intent to terminate such tenancy, which termination date other than must be as of the last day end of a calendar month, such damages for the entire calendar month . The time limitations described in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will this Article 40 shall not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Leaseextension for Force Majeure. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the The provisions of this Section 26.2 may result in material damages Article 40 shall not be construed to relieve Tenant from liability to Landlord for damages resulting from any such holding over if such holder exceeds a period of thirty (including any 30) days, or preclude Landlord from implementing summary dispossess proceedings, so long as Landlord advises Tenant as to the potential liability for such damages at least thirty (30) days prior to the Expiration Date; provided, in no event shall Tenant be liable to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnifyfor any consequential, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers special or punitive damages as a result of Tenant’s any holdover use and occupancy tenancy hereunder. The provisions of this Article 40 shall survive the Premisesexpiration or sooner termination of this Lease.

Holding Over. Without Landlord’s prior written consent, Tenant may will not occupy or retain, or allow any subtenant be permitted to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds hold over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the expiration or earlier termination of the Term endswithout the express written consent of Landlord, and the loss or damage that which consent Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover periodwithhold in its sole and absolute discretion. If Tenant continues to occupy the Premises holds over after the expiration or earlier termination of the Term endswith or without the express written consent of Landlord, then then, in addition to all other remedies available to Landlord, Tenant will be liable shall become a tenant at sufferance only, upon the terms and conditions set forth in this Lease so far as applicable (including Tenant’s obligation to pay to Landlord an amount all Additional Rent under this Lease), but at a Monthly Base Rent equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the monthly installments of Monthly Base Rent being paid applicable to the Premises immediately before prior to the Lease Expiration Date, plus escalations, Additional Rent, and any other charges date of such expiration or earlier termination. Any such holdover Rent shall be paid on an installment basis, a per month basis without reduction for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) partial months during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar monthholdover. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned Acceptance by Landlord as of the first day of Rent after such month, and Tenant will expiration or earlier termination shall not be entitled constitute consent to a refund hold over hereunder or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions result in an extension of this Lease. This Section 21.2 shall not be construed to create any express or implied right to holdover beyond the expiration of the Term or any extension thereof. Tenant acknowledges shall be liable, and agrees that shall pay to Landlord intends to lease the Premises within ten (in whole10) days after demand, in part, or for all losses incurred by Landlord as a part result of a larger portion of the Building) to another tenant immediately after the Term ends such holdover, and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will shall indemnify, defend and hold harmlessLandlord and the Landlord’s Parties harmless from and against all liabilities, and defend Landlord from all damages, losses, claims, suits, costs and costs expenses (including reasonable attorneys’ fees and all court costs) that Landlord suffers as arising from or relating to any such holdover tenancy, including without limitation, any claim for damages made by a result of succeeding tenant. Tenant’s holdover use indemnification obligation hereunder shall survive the expiration or earlier termination of this Lease. The foregoing provisions of this Section 21.2 are in addition to, and occupancy do not affect, Landlord’s right of the Premisesre-entry or any other rights of Landlord hereunder or otherwise at law or in equity.

Holding Over. Without Landlord’s prior written consent, Any holding over by Tenant may not occupy after the expiration or retain, or allow any subtenant to occupy or retain, possession earlier termination of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession term of the Premises by any legal process in force at such time. It will this Lease shall be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer treated as a result thereoftenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far exceed the Rent as applicable except that Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to shall pay to Landlord as a use and occupancy charge an amount equal to One Hundred Fifty Percent 150% for the first 30 days of such holdover (150%and 200% thereafter) of the monthly installments greater of Base (x) the Annual Fixed Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month calculated (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than daily basis) at the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to highest rate payable under the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all or (y) the fair market rental value of the termsPremises, agreementsin each case for the period measured from the day on which Tenant’s hold-over commences and terminating on the day on which Tenant vacates the Premises. In addition, Tenant shall save Landlord, its agents and conditions employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages which Landlord may suffer on account of ▇▇▇▇▇▇’s hold-over in the Premises after the expiration or prior termination of the term of this Lease. Nothing in the foregoing nor any other term or provision of this Lease shall be deemed to permit Tenant acknowledges and agrees that Landlord intends to lease retain possession of the Premises (or hold over in whole, in part, the Premises after the expiration or as a part of a larger portion earlier termination of the Building) to another tenant immediately Lease Term. All property which remains in the Building or the Premises after the Term ends expiration or termination of this Lease (or, if later, the day on which Tenant vacates the Premises) shall be conclusively deemed to be abandoned and that may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any breach part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other violation of the provisions of this Section 26.2 may result in material damages charges payable hereunder by ▇▇▇▇▇▇ to Landlord (including and any damages to which Landlord may be entitled under this Lease and at law and in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesequity.

Holding Over. Without Landlord’s prior written consent, If Tenant may not occupy or retain, or allow any subtenant to occupy or retain, retains possession of the Premises at Property or any time part thereof after the Term ends. If without Landlord’s prior written consent Tenant holds over after end of the Term ends, Landlord may regain or termination of Tenant's right to possession of the Premises by any legal process in force at such time. It will 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 conclusively presumed that the value to Tenant of remaining in possession considered a retention of the Premises after the Term endsProperty by Tenant), then such retention of possession shall be considered a tenancy "at will" or "sufferance" (and not a month-to-month tenancy), and the loss or damage that Landlord may suffer as a result thereof, far exceed the Tenant shall pay Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord for such holding over in an amount equal to One Hundred Fifty Percent the sum of (a) one hundred fifty percent (150%) of the monthly installments Rent in effect immediately preceding such holding over computed on a monthly basis for each of Base the first two (2) months or partial months that Tenant remains in possession; plus (b) two hundred percent (200%) of the monthly Rent being paid in effect immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid preceding such holding over computed on an installment basis, a monthly basis for each month or part of a partial month that Tenant occupies remains in possession after such first two (2) months or partial months. In addition to the Premises after payment of the date the Term endsamounts provided above, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs if Landlord incurs in regaining is unable to timely deliver possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled Property to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers third party as a result of Tenant’s 's holdover use then Tenant shall be liable to Landlord 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 occupancy not otherwise, to have such retention of possession constitute an extension of this Lease for one (1) year at the greater of (1) the fair market rent for the Property as reasonably determined by Landlord, or (2) one hundred twenty percent (120%) of the PremisesRent during the previous year. The provisions of this Section do not waive Landlord's right of re-entry or right to regain possession by actions at Law or in equity or any other rights hereunder, and any receipt of payment by Landlord shall not be deemed a consent by Landlord to Tenant's remaining in possession or be construed as creating or renewing any lease or right of tenancy between Landlord and Tenant.

Holding Over. Without Landlord’s prior written consent, The Tenant may not occupy or retain, or allow any subtenant has no right to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining remain in possession of the Premises after the Term ends, and end of the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover periodTerm. If the Tenant continues to occupy remains in possession of the Premises after the end of the Term endswith the written consent of the Landlord but without entering into a new lease or other agreement then, then notwithstanding any statutory provisions or legal presumption to the contrary, there shall be no tacit renewal of this Lease or the Term and the Tenant will shall be liable deemed to pay be occupying the Premises as a tenant from month to Landlord an amount month (with either party having the right to terminate such month to month tenancy at any time on not less than thirty (30) days’ written Notice, whether or not the date of termination is at the end of a rental period) at a monthly Base Rent payable in advance on the first day of each month equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the monthly installments amount of Base Rent being paid immediately before payable during the last month of the Term and otherwise upon the same terms, covenants and conditions as in this Lease Expiration Dateinsofar as these are applicable to a monthly tenancy and, plus escalationsfor greater certainty, including liability for all Additional Rent, and any other charges paid on an installment basis, for each month or part . If the Tenant remains in possession of a month that Tenant occupies the Premises after the date end of the Term endsor any extension terms(s) without the written consent of the Landlord, plus any other Tenant shall be a tenant at sufferance. In such event, Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to 200% of the greater of the monthly amount of Base Rent payable during the last month of the Term and otherwise upon the same terms, covenants and conditions as in this Lease, including liability for all Additional Rent or charges dueRent. In addition to the payment of the amounts provided above, reasonable attorneys’ fees, and all court costs if the Landlord incurs in regaining is unable to deliver possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in partnew tenant, or as to perform improvements for a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnifynew tenant, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of the Tenant’s holdover use holdover, the Tenant shall be liable to the Landlord for, and occupancy of shall protect the PremisesLandlord from and indemnify and defend the Landlord against, all losses and damages, including any claims made by any succeeding tenant resulting from such failure to vacate, and any consequential damages that the Landlord suffers from the holdover.

Holding Over. Without Landlord’s prior written consent, 22.1 If Tenant may (or anyone claiming through Tenant) does not occupy immediately surrender the Premises or retain, any portion thereof in the condition required hereunder upon the expiration or allow any subtenant to occupy or retain, possession earlier termination of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term endsLease Term, then Tenant will shall be liable to pay to Landlord an amount in holdover and the Base Rent payable by Tenant hereunder for each month or partial month of such holdover shall equal to One Hundred Fifty Percent one hundred fifty percent (150%) of the monthly installments of Base Rent being paid in effect immediately before prior to such holdover period. In addition, Tenant shall continue to pay additional rent and other sums that would have been payable pursuant to the provisions of this Lease if the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amountshad continued during such holdover period including Pass-Through Expenses. Such damages for the first calendar month (or part thereof) during the holdover period will fee shall be due computed by Landlord and payable paid by Tenant on the day immediately following the end of the Term, a monthly basis and for each calendar month thereafter during the holdover period, such damages will shall be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of and the first day of each calendar month thereafter during such month, holdover period until the Premises has been vacated and possession thereof surrendered by Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to in the terms of condition required under this Lease will be forfeitedLease. Holdover occupancy by Tenant will be subject to all of the terms, agreements, and conditions Notwithstanding any other provision of this Lease, Landlord’s acceptance of such holdover fee 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. Tenant acknowledges Any such holdover shall be deemed to be a tenancy at sufferance and agrees that Landlord intends not a tenancy at will or tenancy from month to lease the Premises (in whole, in part, month. In no event shall any holdover be deemed a permitted extension or as a part of a larger portion renewal of the Building) Lease Term, and nothing contained herein shall be construed to another tenant immediately after constitute Landlord’s consent to any holdover or to give Tenant any right with respect thereto. In the Term ends and event that any breach such holdover continues for a period of sixty (60) days or more, Tenant shall indemnify, defend, protect and hold Landlord harmless from and against any and all claims for damages by any other violation of the provisions of this Section 26.2 tenant or third person to whom Landlord may result in material damages to Landlord (including have leased all or any damages to Landlord in connection with its reletting part of the Premises and/or other portions effective on or after the termination of the Building). Tenant will indemnify, hold harmlessthis Lease, and defend shall pay Landlord from all damagesfor any loss, lossescost, expense, damages and costs (including liabilities incurred by Landlord as a result of such holding over, including, without limitation, reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of TenantLandlord’s holdover use and occupancy of the Premiseslost revenues.

Holding Over. Without Landlord’s prior written consent, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession expiration of the Premises by any legal process in force at Lease Term or earlier termination thereof, with the express written consent of Landlord, such time. It will tenancy shall be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term endsfrom month-to-month only, and the loss shall not constitute a renewal hereof or damage that Landlord may suffer as an extension for any further term, and in such case Tenant shall pay Rent at a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount monthly rate equal to One Hundred Fifty Percent (a) one hundred fifty percent (150%) of the monthly installments of Base Rent being paid payable by Tenant immediately before prior to such holding over (without regard to any abatements of Rent on account of casualty or otherwise), plus (b) Tenant’s Share of Operating Expenses and Tax Expenses, computed on a monthly basis for each full or partial month Tenant remains in possession. 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 Expiration DateTerm or earlier termination thereof, without the express written consent of Landlord, Tenant shall be a tenant at sufferance only, for the entire Premises upon all of the terms and conditions of this Lease as might be applicable to such tenancy; provided, however, that, as liquidated damages and not as a penalty, Tenant shall pay Base Rent at a monthly rate equal to (i) for the first thirty (30) days of such holding over, one hundred fifty percent (150%) of the Base Rent payable by Tenant immediately prior to such holding over (without regard to any abatements of Rent on account of casualty or otherwise), plus escalationsTenant’s Share of Operating Expenses and Tax Expenses; and (ii) thereafter, Additional Rentan amount equal to two hundred percent (200%) of the Base Rent payable by Tenant immediately prior to such holding over (without regard to any abatements of Rent on account of casualty or otherwise), plus Tenant’s Share of Operating Expenses and Tax Expenses, computed on a monthly basis for each full or partial month Tenant remains in possession. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and any other charges paid on an installment basis, for each month or part of a month that Landlord expressly reserves the right to require Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining to surrender possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of in this Lease will be forfeited. Holdover occupancy by Tenant will be subject to all of upon the terms, agreements, and conditions expiration or other termination of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part, or as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the The provisions of this Section 26.2 may result Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in material damages addition to any other liabilities to Landlord (including accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all Claims resulting from such failure, including, without limiting the generality of the foregoing, any damages Claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premisesresulting therefrom.

Holding Over. Without Landlord’s prior written consent, Tenant may will not occupy or retain, or allow any subtenant be permitted to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant holds hold over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the expiration or earlier termination of the Term endswithout the express written consent of Landlord, and the loss or damage that which consent Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover periodwithhold in its sole and absolute discretion. If Tenant continues to occupy the Premises holds over after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month expiration or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end earlier termination of the Term, and for each calendar month thereafter during the holdover periodLandlord may, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on at its option, treat Tenant as a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such monthtenant at sufferance only, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease will be forfeited. Holdover continued occupancy by Tenant will shall be subject to all of the terms, agreements, covenants and conditions of this Lease. Tenant acknowledges and agrees , so far as applicable, except that Landlord intends the Monthly Base Rent for any such holdover period shall be equal to lease the Premises greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in wholeeffect under this Lease immediately prior to such holdover, or (ii) the then currently scheduled rental rate for comparable space in the Building, in parteither event prorated on a monthly basis; provided, or as however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a part minimum of a larger portion full month's worth of the Buildingholdover rent shall be due, whether Tenant holds over one (1) to another tenant immediately day or all thirty (30) days. Acceptance by Landlord of rent after the Term ends and that any breach such expiration or other violation earlier termination will not result in a renewal of the this Lease. The foregoing provisions of this Section 26.2 may result Paragraph 11 are in material damages addition to and do not affect Landlord's right of re-entry or any rights of Landlord (including any damages under this Lease or as otherwise provided by law. If Tenant fails to Landlord in connection with its reletting of surrender the Premises and/or other portions upon the expiration of this Lease in accordance with the Building). terms of this Paragraph 11 despite demand to do so by Landlord, Tenant will agrees to promptly indemnify, protect, defend and hold harmless, and defend Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including reasonable attorneys’ ' fees and all court costs) that ), including, without limitation, costs and expenses incurred by Landlord suffers as a result of in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant’s holdover use and occupancy of 's failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.