Common use of Holding Over Clause in Contracts

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant fails to surrender all or any part of the Term, and any holding over by Tenant after Premises at the expiration shall not constitute a renewal or extension termination of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period occupancy of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) after termination shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) that of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other sufferance. In either of such events, possession Tenant’s occupancy shall be subject to all of the terms and provisions of this Lease, except that and Tenant shall pay an amount (on a per month basis without reduction for partial months during the monthly Basic Rent shall be holdover) equal to the greater of (a) one hundred fifty percent (150%) % of the Basic Base Rent for the month in effect immediately preceding the date of such termination or (b) the fair market rental rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. If No holdover by Tenant fails to surrender or payment by Tenant after the Premises upon the expiration termination of this Lease despite demand shall be construed to do so extend the Term or prevent Landlord from immediate recovery of possession of the Premises by Landlordsummary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall indemnify be liable for any and hold all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord harmless suffers from all loss or liabilitythe holdover. Tenant shall have the right, including without limitationby written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, any claims made by any succeeding tenant relating to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such failure request, informing Tenant (subject to surrender. Acceptance by the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord of rent after is negotiating (or has completed) such a lease; however, the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are sentence will in addition to and do not affect Landlordno event limit Tenant’s right of re-entry or any other rights of Landlord obligations under this Lease Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or at lawobligations hereunder in the event that Landlord subsequently commences any such negotiations.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Leaseonly; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be one hundred twenty percent (120%) of the Basic Rent for the month immediately preceding the date of termination for the initial two (2) months of holdover by Tenant and thereafter, the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental then current Basic Rent for comparable space in the PremisesBuilding or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite Landlord's written demand to do so by Landlord(which demand shall include notice to Tenant of a succeeding tenant and the need for Tenant's immediate surrender), then Tenant shall indemnify be liable for Landlord's foreseeable consequential and hold Landlord harmless from all loss or liabilityother damages (including, including without limitation, any claims made reasonable attorney's fees) proximately caused by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease Subtenant shall terminate without further notice upon have no right to Holdover. If Subtenant does not surrender and vacate the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following Subleased Premises at the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) Sublease, Subtenant shall be deemed a holding over by Tenant. If Tenant holds over for any period after tenant at sufferance, or at the Expiration Date (sole election of Sublandlord, a month to month tenancy, and the parties agree in either case that the reasonable rental value, if at sufferance, or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute Rent if 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 to month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater monthly rate of (a) one hundred and fifty percent (150%) of the Basic monthly Rent for set forth in Article 3, and if the month immediately preceding definition of Rent in either case does not include additional rent, then with any additional rent due and payable during such holdover period of time. In connection with this Xxxxxxxxx 00.0, Xxxxxxxxxxx and Subtenant agree that the date reasonable rental value of the Subleased Premises following the Expiration Date of the Sublease shall be the amounts set forth above per month. Sublandlord and Subtenant acknowledge and agree that, under the circumstances existing as of the Effective Date, it is impracticable and/or extremely difficult to ascertain the reasonable rental value of the Subleased Premises on the Expiration Date and that the reasonable rental value established herein is a reasonable estimate of the damage that Sublandlord would suffer as the result of the failure of Subtenant to timely surrender possession of the Subleased Premises. The parties acknowledge that the liquidated damages established herein is not intended as a forfeiture or penalty within the meaning of California Civil Code sections 3275 or 3369, but is intended to constitute liquidated damages to Sublandlord pursuant to California Civil Code sections 1671, 1676, and 1677. Notwithstanding the foregoing, and in addition to all other rights and remedies on the part of Sublandlord if Subtenant fails to surrender the Subleased Premises upon the termination or (b) expiration of this Sublease, in addition to any other liabilities to Sublandlord accruing therefrom, Subtenant shall indemnify, defend and hold Sublandlord harmless from all Claims resulting from such failure, including, without limitation, any Claims by any third parties based on such failure to surrender. Furthermore, in the fair market rental for the Premises. If Tenant event that Subtenant fails to surrender the Premises upon after such time that (a) the expiration Master Lease has expired and (b) Sublandlord has surrendered its premises under the Master Lease, then the rate for month to month tenancy at sufferance shall be one hundred and fifty percent of this Lease despite demand any and all Rent due to do so by Landlord, Tenant shall indemnify and hold Master Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after Sublandlord under the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawthe Master Lease.

Holding Over. This Lease Tenant shall terminate without further notice vacate the Premises upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date Lease Term or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant under Section 6.06. Tenant shall pay Base Rent to Section 15.3 Landlord on a per diem basis for each day of any hold over, at a rate equal to one hundred fifty percent (or 150%) of the Base Rent then in effect and Tenant shall reimburse Landlord for and defend and indemnify Landlord to do so if Tenant fails to do so) shall be deemed a holding over by against actual damages which Landlord incurs from Tenant’s delay. If Tenant holds over for any period after does not vacate the Expiration Date (Premises upon the expiration of the Lease Term or earlier termination) termination of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over Lease in accordance with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination terms of this Lease and terminating thirty (30) days following delivery Landlord thereafter accepts Rent from Tenant, Tenant’s occupancy of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession Premises shall be a “month to month” tenancy, subject to all of the terms of this Lease, except that other than the monthly Basic Rent payment of Base Rent, which shall be paid at a per diem rate as set forth above, and Landlord shall have the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails right to surrender terminate this Lease and Tenant’s right to occupy the Premises upon the expiration of this Lease despite 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 surrenderon thirty (30) days’ notice. Acceptance by Landlord of rent any Rent after the such expiration or earlier termination of this Lease shall not constitute a consent to a holdover hereunder or result in a renewal of this Lease. The foregoing provisions of the Lease or any lease and nothing in this Section are in addition 2.05 shall limit or restrict Landlord from pursuing any remedies against Tenant for failure to timely vacate the Premises. If Landlord provides Tenant at least thirty (30) days’ prior written notice of such potential damages, then Tenant shall reimburse Landlord for and do not affect Landlorddefend and indemnify Landlord against actual, incidental and consequential damages which Landlord incurs solely from Tenant’s right of re-entry or any other rights of Landlord under this Lease or at lawholdover.

Holding Over. This Lease shall terminate without further notice upon Upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal term or extension other termination of this Lease, Tenant shall quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted and Tenant shall remove from the Premises all of its property. If Tenant shall hold over after the expiration of this term or give Tenant any rights under other termination of this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination such holding over shall not be deemed to be a renewal of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) but shall be deemed to create a holding over tenancy-at-will and by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with Tenant shall be deemed to have agreed to be bound by all of the prior written consent terms and conditions of this Lease except those as to the term hereof, and except that during such tenancy-at-will, Tenant shall pay One Hundred Fifty Percent (150.0%) of all monthly rentals due at that time including Monthly Base Rent, CAM, and Impositions. If any rent or other sum owing under this Lease is collected by or through an attorney-at-law, Tenant agrees to pay Landlord’s reasonable attorney’s fees. Tenant shall surrender all keys to the Premises to the Landlord at the place then fixed for the payment of rent and shall constitute a month-to-month tenancy commencing inform Landlord of all combinations on locks, safes and vaults, if any, in the first (1st) day following Premises, provided, however, Tenant may, at its option, remove any vault in the Premises at the termination of this Lease Lease, provided Tenant restores the Premises in a commercially reasonable fashion. Tenant shall, at its expense, remove from the Premises on or prior to such expiration or earlier termination all furnishings, fixtures and terminating thirty equipment situated thereon (30including all exterior and interior signs) days following delivery of written notice of termination by either Landlord or Tenant to which are not the other . In either of such events, possession shall be subject to all property of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, and Tenant shall indemnify and hold Landlord harmless from all loss shall, at is expense, on or liabilitybefore such expiration or earlier termination, including without limitation, repair any claims made damage caused by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawremoval.

Holding Over. This Lease shall terminate without further notice upon the expiration of the TermTenant will, 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease by lapse of time or otherwise, yield up immediate possession to Landlord. If Tenant retains possession of the Leased Premises or any part thereof after such termination, then Landlord may, at its option and terminating thirty (30) days following delivery of at any time, serve written notice upon Tenant that such holding over constitutes any one of termination by either Landlord or Tenant (i) creation of a month to the other . In either of such eventsmonth tenancy, possession shall be subject to all of upon the terms of and conditions set forth in this Lease; or (ii) creation of a tenancy at sufferance, except in any case upon the terms and conditions set forth in this Lease; provided, however, that the monthly Basic Rent shall (or daily Rent under (ii)) shall, in addition to all other sums which are to be the greater of (a) paid by Tenant hereunder, whether or not as Additional Rent, be equal to one hundred fifty percent (150%) of the Basic Rent being paid monthly to Landlord under this Lease immediately prior to such termination (prorated in the case of (ii) on the basis of a 365-day year for the month immediately preceding the date of termination or (b) the fair market rental for the Premiseseach day Tenant remains in possession). If Tenant fails no such notice is served, then a tenancy at sufferance shall be deemed to surrender be created at the Premises upon Rent in the expiration of this Lease despite demand to do so by Landlordpreceding sentence. In the event a tenancy at sufferance is created, Tenant shall indemnify and hold also pay to Landlord harmless all damages sustained by Landlord resulting from all loss or liabilityretention of possession by Tenant, including without limitation, the loss of any claims made by proposed subsequent tenant for any succeeding portion of the Leased Premises if such tenancy at sufferance continues for more than thirty (30) days after Landlord’s notice that Landlord has a subsequent tenant relating to such failure to surrenderfor a portion of the Leased Premises. Acceptance by Landlord The provisions of rent after the termination this Paragraph shall not constitute a consent to a holdover or result in a renewal waiver by Landlord of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s any right of re-entry as herein set forth; nor shall receipt of any Rent or any other rights act in apparent affirmance of Landlord under 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 or act as a reformation or novation of this Lease or a waiver of any of Landlord’s rights pursuant to this Paragraph 12, including, without limitation, Landlord’s right to demand at lawany time one hundred fifty percent (150%) of the Rent for any period of time after the termination of this Lease whether or not Landlord has accepted and deposited any Rent in a lesser amount for such period and whether or not Landlord made any demand for any such Additional Rent, and whether or not Tenant and Landlord are then negotiating for extension or renewal of this Lease or the entry into a new lease for the Leased Premises or for other premises and without any condition or requirement that Landlord notify Tenant that Tenant’s holding over is wrongful or that Tenant’s holding over be held to be wrongful.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Leaseonly; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of of: (aI) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination termination; or (bii) the fair market rental then current Basic Rent for comparable space in the PremisesBuilding or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon Upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal term or extension other termination of this Lease, Tenant shall quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted and Tenant shall remove from the Premises all of its property. If Tenant shall hold over after the expiration of this term or give Tenant any rights under other termination of this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination such holding over shall not be deemed to be a renewal of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) but shall be deemed to create a holding over tenancy-at-will and by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with Tenant shall be deemed to have agreed to be bound by all of the prior written consent terms and conditions of this Lease except those as to the term hereof, and except that during such tenancy-at-will, Tenant shall pay One Hundred Fifty Percent (150.0%) of all monthly rentals due at that time including Monthly Base Rent, CAM, and Impositions. If any rent or other sum owing under this Lease is collected by or through an attorney-at-law, Tenant agrees to pay Landlord's reasonable attorney's fees. Tenant shall surrender all keys to the Premises to the Landlord at the place then fixed for the payment of rent and shall constitute a month-to-month tenancy commencing inform Landlord of all combinations on locks, safes and vaults, if any, in the first (1st) day following Premises, provided, however, Tenant may, at its option, remove any vault in the Premises at the termination of this Lease Lease, provided Tenant restores the Premises in a commercially reasonable fashion. Tenant shall, at its expense, remove from the Premises on or prior to such expiration or earlier termination all furnishings, fixtures and terminating thirty equipment situated thereon (30including all exterior and interior signs) days following delivery of written notice of termination by either Landlord or Tenant to which are not the other . In either of such events, possession shall be subject to all property of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, and Tenant shall indemnify and hold Landlord harmless from all loss shall, at is expense, on or liabilitybefore such expiration or earlier termination, including without limitation, repair any claims made damage caused by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawremoval.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of of: (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination termination, or (b) the fair market 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 the Premisesany holdover by Tenant, unless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite 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. Acceptance by , provided Landlord has given written notice to Tenant of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Leasesuch succeeding tenant. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon If Tenant holds over after the expiration of the TermLease Term hereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and any holding over by Tenant after the expiration shall not constitute a renewal hereof or an 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlordfurther term, and in such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic case Base Rent shall be payable at a monthly rate equal to (i) for the greater first two (2) months of (a) the holdover, one hundred fifty percent (150%) of the Basic Base Rent applicable during the last rental period of the Lease Term under this Lease and (ii) for the remainder of the holdover period, two hundred percent (200%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month immediately preceding tenancy shall be subject to every other term, covenant and agreement contained herein. Landlord hereby expressly reserves the date 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 (b) the fair market rental for constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. If Landlord provides Tenant with at least thirty (30) days prior written notice that Landlord has a signed proposal or lease from a succeeding tenant to lease the Premises, and if Tenant fails to surrender the Premises upon the later of (i) the date of expiration of such thirty (30) day period, or (ii) the date of expiration or termination of this Lease despite demand to do so by LandlordLease, Tenant shall indemnify agrees to protect, indemnify, defend and hold Landlord harmless from all loss or liabilitycosts (including reasonable attorneys' fees), losses, expenses and liabilities resulting from such failure, including without limitation, any claims made by any succeeding tenant relating to and/or real estate brokers in connection with such failure to surrender. Acceptance by , and any lost profits to Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawresulting therefrom.

Holding Over. This Lease shall terminate without further notice upon the expiration Unless otherwise agreed to in writing by Landlord and Tenant, if Tenant retains possession of the Term, and Premises or any holding over by Tenant part thereof 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 Lease, Tenant shall pay Landlord Rent at 150% of the monthly rate in effect immediately prior to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) termination of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If time Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlordthus remains in possession and, in addition thereto, Tenant shall indemnify and hold pay Landlord harmless from for all loss or liabilitydamages, including without limitationconsequential as well as direct, any claims made sustained by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord reason of rent after the termination shall not constitute a consent to a holdover or result in a renewal Tenant's retention of this Leasepossession. The foregoing provisions of this Section are in addition to and Article 10 do not affect exclude Landlord’s right 's rights of re-entry or any other right hereunder. No such holding over shall be deemed to constitute a renewal or extension of the Term hereof and Landlord will retain all rights to re-enter the Premises from and after the expiration or earlier termination of this Lease. Further, from and after the date that Landlord has provided written notice to Tenant that Landlord desires possession of the Premises, effective at any time on or after the expiration or termination of this Lease (but not earlier than thirty (30) days following the provision of such notice), to either (i) prepare the same for the possession thereof by a new tenant or (ii) to provide possession of the same to a new tenant, Tenant will be liable to Landlord for all consequential damages suffered by Landlord as a result of Tenant's continuing occupancy of the Premises, including without limitation damages arising from increased costs to prepare the Premises (or any part thereof) more quickly for such new tenant, costs for concessions to such new tenant arising from delayed occupancy, damages for which Landlord is liable to such new tenant as a result of Landlord's inability to deliver the Premises as and when required under any new agreement and any lost rental or other consideration, any tenant improvements completed or Realtor fees owed, from a lease that is terminated by a tenant due to the inability of Landlord under this Lease to deliver the Premises to such new tenant as provided in a written lease with such tenant for occupancy of the Premises or at lawany part thereof.

Holding Over. This Tenant acknowledges that it is extremely important that Landlord have substantial advance notice of the date on which Tenant will vacate the Premises, because Landlord will (a) require an extension period to locate a replacement tenant, and (b) plan its entire leasing and renovation program for the Building in reliance on its lease expiration dates. Tenant also acknowledges that if Tenant fails to surrender the Premises at the expiration or earlier termination of the Lease shall terminate without further notice Term, then it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Base Rent and Additional Rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender the Premises or any portion thereof upon the expiration or earlier termination of the Lease Term, then the rent shall be increased to equal One Hundred Fifty per cent (150%) of the Base Rent, plus Additional Rent and other sums that would have been payable pursuant to the provisions of this Lease if the Lease Term had continued such holdover period. Such rent shall be computed by Landlord on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises have been vacated. Notwithstanding any holding over by Tenant after the expiration shall not constitute a renewal or extension other provision of this Lease, or give 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 any rights under this Lease, except when in writing signed by both partiesand to recover all damages. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) holdover shall be deemed to be a holding over by Tenant. If Tenant holds over for any period after tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month; provided, however, that Landlord may, in addition to its other remedies, elect, in its sole discretion, to treat such holdover as the Expiration Date (or earlier termination) creation of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on with Tenant. In no event shall any holdover be deemed a permitted extension or renewal of the first (1st) day following the termination Lease Term, and nothing contained herein shall be construed to constitute Landlord’s consent to any holdover or to give Tenant any right with respect thereto. Except as otherwise specifically provided in this Article, all terms of this Lease shall remain in full force and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to effect during the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawperiod.

Holding Over. This Lease shall terminate without further notice upon the expiration Tenant will not be permitted to hold over possession of the Term, and any holding over by Tenant Premises 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by TenantTerm. If Tenant holds over for any period after the Expiration Date (expiration or earlier termination) termination of the Term without the prior written consent of LandlordTerm, such possession shall constitute Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance only 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 continued occupancy by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms terms, covenants and conditions of this Lease, so far as applicable, except that the monthly Basic Monthly Base Rent for any such holdover period shall be the greater of (a) equal to one hundred fifty percent (150%) of the Basic Monthly Base Rent for the month in effect under this Lease immediately preceding the date prior to such holdover, prorated on a daily basis. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord's right of re-entry or (b) the fair market rental for the Premisesany rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant shall indemnify agrees to promptly indemnify, protect, defend and hold Landlord harmless from all loss or liabilityclaims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, any costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant relating to such founded on or resulting from Tenant's failure to surrendersurrender the Premises. Acceptance by Landlord The provisions of rent after this Subparagraph 11(b) will survive the expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon on the expiration of the Term, and any Lease Expiration Date (as set forth in Article 1). Any holding over by Tenant after expiration of the expiration Lease Term shall not neither constitute a renewal or nor extension of this Lease, or Lease nor give Tenant any rights under in or to the Leased Premises except as expressly provided in this Lease, except when in writing signed by both partiesParagraph. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of to which Landlord has consented shall constitute be construed to be a tenancy from month to month-to-month tenancy commencing , on the first (1st) day following the termination of this Lease same terms and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Leaseconditions herein specified insofar as applicable, except that the monthly Basic Base Monthly Rent shall be increased to an amount equal to one hundred twenty-five percent (125%) of the greater of Monthly Base Rent for the last month immediately preceding such holding over for the first two (a2) months or any such holding over, and thereafter one hundred fifty percent (150%) of the Basic Base Monthly Rent for payable during the last full month immediately preceding such holding over. Without limiting the date foregoing, in the event of termination a holding over to which Landlord has consented, any rights of Landlord or (b) obligations of Tenant set forth in this Lease and purporting to apply during the fair market rental for term of this Lease, shall nonetheless also be deemed to apply during any such hold over period. Tenant acknowledges that if Tenant holds over without Landlord’s consent, such holding over may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the Leased Premises. If Therefore, in the event Tenant fails to surrender does not vacate the Leased Premises upon in accordance with the terms of this Paragraph 13.2 on or before the expiration of this the Lease despite demand Term (or the expiration of a holdover term, if applicable) after receiving at least thirty (30) days’ advance written notice from Landlord demanding that Tenant vacate the Leased Premises and otherwise satisfying the requirements set forth below (a “Vacation Notice”), which notice may be given to do so by LandlordTenant at any time during the last sixty (60) days of the Lease Term or during any holdover period, Tenant shall be liable for all damages (including attorneys’ fees and expenses) of whatever type (including consequential damages) incurred by Landlord as a result of such holding over, and Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all loss or liabilityclaims resulting from such failure to vacate, including including, without limitationlimiting the foregoing, any claims made by any succeeding tenant relating founded upon such failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrender. Acceptance by Landlord of rent after the termination The Vacation Notice shall not constitute a consent specifically refer to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawand the address of the Building, and shall include (on the first page of the Vacation Notice) the following language in bold, capitalized font: “NOTICE: UNDER PARAGRAPH 13.2 OF THE LEASE, TENANT’S FAILURE TO VACATE THE LEASED PREMISES BY THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE TERM (OR HOLDOVER TERM IF APPLICABLE) MAY RESULT IN SIGNIFICANT DAMAGES TO LANDLORD, INCLUDING CONSEQUENTIAL DAMAGES.”

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the greater of (a) the Basic Rent for the month immediately preceding the date of termination or (b) the fair market 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 the Premisesany holdover by Tenant, unless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant remains in possession of the Term, and any holding over by Tenant Premises 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 with Landlord’s express consent, Tenant’s occupancy shall be a month to month tenancy at a rent agreed upon by Landlord and Tenant but, in no event less than the Monthly Basic Rent payable under this Lease during the last full month before the date of expiration or earlier termination. The month to remove its property or to place month tenancy shall be on the Premises terms and conditions of this Lease except as provided 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 Tenantpreceding sentence and the Lease clauses concerning extension rights. If Tenant holds over for any period after the Expiration Date (expiration or earlier termination) termination of the Term hereof without the prior express written consent of Landlord, such possession Tenant shall constitute become a tenancy tenant at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute only, at 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 rental rate equal to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Monthly Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails which would be applicable to surrender the Premises upon the date of expiration of this Lease despite demand the Term (prorated on a daily basis), and otherwise subject to do the terms, covenants and conditions herein specified, so by Landlordfar as applicable including, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating the obligation to such failure to surrenderpay Direct Operating Expenses and Common Operating Expenses as provided in Paragraphs 5 and 6.2. Acceptance by Landlord of rent after the such expiration or earlier termination shall not constitute a consent to a holdover hereunder or result in a renewal of this Leaserenewal. The foregoing provisions of this Section Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this Paragraph 11 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this Paragraph 11 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law; provided, however, that Landlord shall not be entitled to consequential damages except as expressly provided in this Paragraph 11.

Holding Over. This Lease Tenant shall terminate without further notice upon the expiration pay Landlord for each day Tenant retains possession of the Term, and any holding over by Tenant Leased Premises or part of them 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 Tenant to remove its property by lapse of time or to place otherwise at the Premises in the condition required pursuant to Section 15.3 rate (or for Landlord to do so if Tenant fails to do so“Holdover Rate”) which shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date One Hundred Fifty Percent (or earlier termination150%) of the Term without greater of (a) the amount of the Minimum Monthly Rent for the last period prior written consent to the date of such termination plus Tenant’s Proportionate Share of Operating Costs, Real Estate Taxes and Insurance; and (b) the then market rental value of the Leased Premises as determined by Landlord assuming a new lease of the Leased Premises of the then usual duration and other terms, in either case, prorated on a daily basis, and also pay all damages sustained by Landlord by reason of such retention. If Landlord gives notice to Tenant of Landlord’s election to such effect, such possession holding over shall constitute renewal of this Lease for a period from month to month at the Holdover Rate, but if the Landlord does not so elect, no such renewal shall result notwithstanding acceptance by Landlord of any sums due hereunder after such termination; and instead, a tenancy at sufferance only and an Event at the Holdover Rate shall be deemed to have been created. In any event, no provision of Default this Section 33.2 shall be deemed to waive Landlord’s right of reentry or any other right under this Lease or at law. Additionally, in the event that upon termination of the Lease; , Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Leased 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 actual and reasonable time required by Landlord to complete such obligations shall be considered a period of holding over with and the prior written consent terms of this section shall apply (provided, however, for the avoidance of doubt, such period of hold over under this sentence shall relate only to the actual and reasonable time required by Landlord to complete such obligations and in no event shall constitute Landlord be entitled to elect the same to be a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawtenancy).

Holding Over. This Lease shall terminate without further notice upon If Tenant holds over after the expiration of the Lease Term, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and any holding over by Tenant after the expiration shall not constitute a renewal hereof or an 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlordfurther term, and in such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic case Monthly Base Rent shall be the greater of (a) payable at a monthly rate equal to one hundred fifty percent (150%) of the Basic Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month immediately preceding of any holdover, Monthly Base Rent will be payable at the date rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or (b) the fair market rental for constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. If Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease despite demand and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all loss or liabilityclaims resulting from such failure, including including, without limitationlimiting the generality of the foregoing, any claims made by any succeeding tenant relating to founded upon such failure to surrender. Acceptance , and any losses suffered by Landlord of rent after the termination shall not constitute a consent Landlord, including lost profits, resulting from such failure to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawsurrender.

Holding Over. This Lease Tenant shall terminate without further notice upon the expiration pay Landlord for each day Tenant retains possession of the Term, and any holding over by Tenant Leased Premises or part of them 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 Tenant to remove its property by lapse of time or to place otherwise at the Premises in the condition required pursuant to Section 15.3 rate (or for Landlord to do so if Tenant fails to do so“Holdover Rate”) which shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred Hundred fifty percent Percent (150%) of the Basic Minimum Monthly Rent for the month immediately preceding last period prior to the date of such termination or (b) the fair market rental for the Premisesplus Tenant’s Proportionate Share of Operating Costs, Real Estate Taxes and Insurance then required to be paid hereunder, prorated on a daily basis, and also pay all damages sustained by Landlord by reason of such retention. If Landlord gives notice to Tenant fails of Landlord’s election to surrender the Premises upon the expiration such effect, such holding over shall constitute renewal of this Lease despite demand for a period from month to do month the Holdover Rate, but if the Landlord does not so by Landlordelect, Tenant no such renewal 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. Acceptance result notwithstanding acceptance by Landlord of rent any sums due hereunder after such termination; and instead, a tenancy at sufferance at the termination Holdover Rate shall not constitute a consent be deemed to a holdover or result in a renewal of this Leasehave been created. The foregoing provisions In any event, no provision of this Section are in addition 33.2 shall be deemed to and do not affect waive Landlord’s right of re-entry reentry or any other rights of Landlord right under this Lease or at law. Additionally, in the event that upon termination of the Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Leased Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant’s sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this section shall apply.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any No holding over by Tenant past the Expiration Date shall operate to extend the Term. If Tenant remains in possession of the Premises after the expiration shall not constitute a renewal or extension termination of this Lease, or give : (i) Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed become a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy tenant at sufferance only upon all the applicable terms and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms conditions of this Lease, except that the monthly Basic Base Rent shall be the greater of increased to (a) one hundred twenty-five percent (125%) of the Base Rent in effect during the last month of the Term for the first month of holdover, (b) one hundred fifty percent (150%) of the Basic Base Rent in effect for the last month immediately preceding of the date of termination or (b) the fair market rental Term for the Premises. If second (2nd) through sixth (6th) months of holdover, and (c) two hundred percent (200%) of the Base Rent in effect during the last month of the Term thereafter; Tenant fails shall indemnify, defend, protect and hold harmless Landlord, the other Indemnitees, and any tenant to surrender whom Landlord has leased all or part of the Premises upon the expiration from Claims (including loss of this Lease despite demand rent loss to do so Landlord or additional rent payable by such tenant and reasonable attorneys’ fees) suffered or incurred by Landlord, such other Indemnitees, or such tenant resulting from Tenant’s failure timely to vacate the Premises; and (iii) such holding over by Tenant shall indemnify constitute an Event of Default. Landlord’s acceptance of Rent if 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. Acceptance by Landlord of rent after the termination Tenant holds over shall not constitute a consent convert Tenant’s tenancy at sufferance to a holdover any other form of tenancy or result in a renewal or extension of the Term of this Lease, unless otherwise specified by written notice from Landlord to Tenant. The foregoing provisions Within ten (10) business days after Tenant’s request, Landlord shall provide Tenant a written notice setting forth any leases or other occupancy agreements for the Premises or any portion thereof entered into by Landlord as of the date of such request and which will commence after the expiration of the term of this Section are in addition Lease and for which Landlord may suffer Claims if Tenant fails to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawtimely vacate the Premises.

Holding Over. This Lease shall terminate without further notice upon It is hereby agreed that in the expiration event of the Term, and any Tenant holding over by Tenant after the expiration shall not constitute a renewal or extension termination of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period lapse of time following or otherwise, thereafter the Expiration Date or earlier termination of this Lease required for Tenant tenancy shall be from month to remove its property or to place the Premises month in the condition required pursuant absence of a written agreement to Section 15.3 the contrary, and Tenant shall pay to Landlord a monthly occupancy charge equal to (or i) for Landlord to do so if Tenant fails to do sothe first sixty (60) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date days of holdover, one hundred twenty-five percent (or earlier termination125%) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be Rental payable hereunder for the greater of last lease year, and (aii) for any holdover beyond said sixty (60) days, one hundred fifty percent (150%) of the monthly Basic Rent Rental payable hereunder for the last lease year (plus all other charges payable by Tenant under this Lease) such occupancy charges to be payable from the expiration or termination of this Lease until the end of the calendar month immediately preceding in which the date of termination or (b) Premises are delivered to Landlord in the fair market rental for the Premisescondition required herein. If Landlord shall enter into a new lease or amend an existing lease for premises in the Building for all or a portion of the Premises at the end of the term of this Lease, Landlord shall so notify Tenant and if Tenant fails to surrender vacate and deliver all or such portion of the Premises upon to Landlord within sixty (60) days after receipt of such notice (but in no event prior to the expiration or earlier termination of this Lease despite demand to do so by LandlordLease), Tenant shall indemnify be responsible for any and hold all damages actually and reasonably incurred by Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such as a result of Xxxxxx’s failure to surrender. Acceptance by Landlord so vacate and deliver the Premises or such portion thereof (including the loss of rent after the termination shall not constitute a consent to a holdover such lease or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawamendment).

Holding Over. This Lease shall terminate without further notice upon If Tenant holds over for more than thirty (30) days after the expiration of the TermLease Term or earlier termination thereof, such tenancy shall be a tenancy at sufferance, and any holding over by Tenant after the expiration shall not constitute a renewal hereof or an extension for any further term, and in such case Rent shall be payable at a daily rate equal to the product of this Lease, or give Tenant any rights (i) the daily Rent applicable during the last unabated rental period of the Lease Term under this Lease, except when in writing signed by both parties. Any period of time and (ii) a percentage equal to 125% during the first three (3) months immediately following the Expiration Date expiration or earlier termination of the Lease Term, and 150% thereafter. Such tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Article 16 shall be construed as consent by Landlord to do so if Tenant fails to do so) shall be deemed a any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. If Tenant holds over without Landlord’s express written consent, and tenders payment of rent for any period after beyond the Expiration Date (or earlier termination) expiration of the Lease Term without the prior written consent by way of check (whether directly to Landlord, its agents, or to a lock box) or wire transfer, Tenant acknowledges and agrees that the cashing of such possession check or acceptance of such wire shall constitute a tenancy at sufferance only be considered inadvertent and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute not be construed as creating a month-to-month tenancy commencing on the first (1st) day following the termination tenancy, provided Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. The provisions of this Lease and terminating thirty (30) days following delivery Article 16 shall not be deemed to limit or constitute a waiver of written notice any other rights or remedies of termination by either Landlord provided herein or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premisesat law. If Tenant fails to surrender the Premises upon within one (1) month after the termination or expiration of this Lease despite demand Lease, then in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, any claims made by any succeeding tenant relating to founded upon such failure to surrendersurrender and any lost profits to Landlord resulting therefrom. Acceptance by Landlord Tenant agrees that any proceedings necessary to recover possession of rent the Premises, whether before or after expiration of the termination Lease Term, shall not constitute a consent be considered an action to a holdover or result in a renewal enforce the terms of this Lease. The foregoing provisions Lease for purposes of this Section are the awarding of any attorney’s fees in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawconnection therewith.

Holding Over. This Lease shall terminate without further notice upon It is hereby agreed that in the expiration event of the Term, and any Tenant holding over by Tenant after the expiration shall not constitute a renewal or extension termination of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period lapse of time following or otherwise, thereafter the Expiration Date or earlier termination of this Lease required for Tenant tenancy shall be from month to remove its property or to place the Premises month in the condition required pursuant absence of a written agreement to Section 15.3 the contrary, and Tenant shall pay to Landlord a monthly occupancy charge equal to (or i) for Landlord to do so if Tenant fails to do sothe first sixty (60) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date days of holdover, one hundred twenty-five percent (or earlier termination125%) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be Rental payable hereunder for the greater of last lease year, and (aii) for any holdover beyond said sixty (60) days, one hundred fifty percent (150%) of the monthly Basic Rent Rental payable hereunder for the last lease year (plus all other charges payable by Tenant under this Lease) such occupancy charges to be payable from the expiration or termination of this Lease until the end of the calendar month immediately preceding in which the date of termination or (b) Premises are delivered to Landlord in the fair market rental for the Premisescondition required herein. If Landlord shall enter into a new lease or amend an existing lease for premises in the Building for all or a portion of the Premises at the end of the Term of this Lease, Landlord shall so notify Tenant and if Tenant fails to surrender vacate and deliver all or such portion of the Premises upon to Landlord within sixty (60) days after receipt of such notice (but in no event prior to the expiration or earlier termination of this Lease despite demand to do so by LandlordLease), Tenant shall indemnify be responsible for any and hold all damages actually and reasonably incurred by Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such as a result of Tenant’s failure to surrender. Acceptance by Landlord so vacate and deliver the Premises or such portion thereof (including the loss of rent after the termination shall not constitute a consent to a holdover such lease or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawamendment).

Holding Over. This Lease shall terminate without further notice upon the If Tenant remains in possession after expiration or termination of the Lease Term, with or without Landlord’s written consent, Tenant shall become a tenant-at-will, and any holding over by Tenant after the expiration there shall not constitute a be no 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 Tenant to remove its property or to place by operation of law. During the Premises in the condition required pursuant to Section 15.3 first ninety (or for Landlord to do so if Tenant fails to do so90) shall be deemed a holding over by Tenant. If Tenant holds over for days of any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination over, all provisions of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, and remain in effect except that the monthly Basic Rent Base Rental and Tenant’s Additional Rental shall be an amount equal to one hundred twenty-five percent (125%) of Base Rental and Tenant’s Additional Rental (including any adjustments as provided herein) payable for the greater last full month of (a) the Lease Term, and thereafter monthly Base Rental and Tenant’s Additional Rental shall be an amount equal to one hundred fifty percent (150%) of the Basic Rent amount of Base Rental and Tenant’s Additional Rental (including any adjustments as provided herein) payable for the last full month immediately of the Lease Term. The inclusion of the preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of sentence in this Lease despite demand shall not be construed as Landlord’s consent for Tenant to do so by Landlord, hold over. Tenant shall defend, indemnify and hold Landlord harmless from and against any and all loss claims, losses and liabilities for damages resulting from failure to surrender possession upon the expiration or liabilitysooner termination of the Lease Term, including including, without limitation, any claims made by any succeeding tenant relating to tenant. Notwithstanding the foregoing, in the event of a holdover, Tenant shall not be responsible for consequential damages unless such failure to surrender. Acceptance holdover lasts longer than six (6) months, and if such holdover lasts longer than six (6) months, Tenant shall only be responsible for those consequential damages incurred by Landlord of rent after the termination shall not constitute a consent to a date that is six (6) months after the date Tenant’s holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawcommenced.

Holding Over. This Lease shall terminate without further notice upon the expiration Time is of the Term, and any holding over by Tenant after essence of 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 Tenant Tenant’s obligation to remove its property or to place vacate the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following upon the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either the Lease. Unless Landlord or expressly agrees otherwise in writing, Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) pay Landlord one hundred fifty percent (150%) of the Basic amount of Rent payable by Tenant during the last month of the Lease Term prorated on a per diem basis for the month immediately preceding the date each day Tenant shall fail to vacate or surrender possession of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon or any part thereof after expiration or earlier termination of this Lease, together with all damages 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). Landlord shall have the right at any time after expiration or earlier termination of this Lease, or Tenant’s right to possession, 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 available to Landlord under other provisions of this Lease despite 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Leaseapplicable Laws. The foregoing provisions of this Section are in addition 23 notwithstanding, Tenant shall have the right to holdover for two (2) months beyond the end of the Lease Term at its then current Rent upon written notice to Landlord given at least three (3) months prior to the end of the Lease Term; provided, however, that thereafter Tenant shall have no right to occupy the Premises and do not affect Landlord’s right the other provisions of re-entry or any other rights of Landlord under this Lease or at lawSection 23 shall then apply.

Holding Over. This Lease shall terminate without further notice upon In the expiration event of the Term, and any holding over by Tenant with respect to all or any portion of the Leased Premises 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 the Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a Agreement, such holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only relationship between Landlord 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 Tenant and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms and provisions of this LeaseLease Agreement shall be applicable during such period, except that as monthly rental, Tenant shall pay to Landlord for each month (or any portion thereof) during the monthly Basic Rent shall be the greater period of (a) such hold over an amount equal to one hundred fifty percent (150%) of the Basic Rent payable by Tenant for the month immediately preceding the date holdover period. The rental payable during such hold over period shall be payable to Landlord on demand. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease Agreement except as herein provided. In the event of any unauthorized holding over, Tenant shall also indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Parties (as defined on Exhibit I) against all claims for damages against the Landlord Parties as a result of Tenant’s possession of the Leased Premises, including, without limitation, claims for damages by any other party to which Landlord may have leased, or entered into an agreement to lease, all or any part of the Leased Premises effective upon the termination or (b) of this Lease Agreement. Notwithstanding anything herein to the fair market rental for the Premises. If contrary, Landlord and Tenant fails specifically agree that no notice to surrender the Premises upon terminate Tenant's tenancy hereunder will be required from and after the expiration of the Term of this Lease despite demand to do so by Landlord, Agreement under Section 91.001 or Section 24.005 of the Texas Property Code before Landlord files a forcible detainer suit on grounds that Tenant shall indemnify is holding over beyond the end of the Term or renewal period (if any) hereof; 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. Acceptance by Landlord of rent after the termination sublease hereunder shall not constitute be approved unless it also contains a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawspecific comparable waiver by the subtenant thereunder.

Holding Over. This Lease Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall terminate without further notice upon the expiration be unlawfully and illegally in possession of the TermPremises, and whether or not Landlord accepts any holding over by rent from Tenant after the expiration shall not constitute a renewal or extension any other person while Tenant remains in possession 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenantwithout Landlord's written consent. If Tenant holds over for any period after the Expiration Date (or earlier termination) shall retain possession of the Term Premises or any portion thereof without the prior written Landlord's consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlordor sooner termination for any reason, then Tenant shall indemnify pay to Landlord for each day of such retention the amount-greater of one-hundred and fifty percent (150.0%) of the amount of the daily rental as of the last month prior to the date of expiration or earlier termination or one-hundred and fifty percent (150.0%) of the then current market rent for comparable space in Mountain View. Tenant shall also indemnify, defend, protect and hold Landlord harmless from all loss any loss, liability or liabilitycost, 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 any the succeeding tenant relating to founded on such failure to surrenderdelay. Acceptance of Rent by Landlord following expiration or earlier termination of rent after this Lease, or following demand by Landlord for possession of the termination Premises, shall not constitute a consent to a holdover or result in a renewal of this Lease, and nothing contained in this Paragraph 25 shall waive Landlord's right of reentry or any other right. Additionally, if upon expiration or earlier termination of this Lease, or following demand by Landlord for possession of the Premises, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right Paragraph 25 shall survive any expiration or earlier termination of re-entry or any other rights of Landlord under this Lease or at lawLease.

Holding Over. This Lease shall terminate without further notice upon If Tenant holds over after the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date Lease Term or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term thereof, without the prior express written consent of Landlord, such possession tenancy shall constitute be a tenancy at sufferance only sufferance, and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall not constitute a month-to-month tenancy commencing on renewal hereof or an extension for any further term, and in such case daily damages in any action to recover possession of the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession Premises shall be subject calculated at a daily rate equal to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (ai) one hundred fifty percent (150%) of the Basic Base Rent applicable during the last rental period of the Lease Term under this Lease for the first (1st) two (2) months of such holdover, and (ii) two hundred percent (200%) thereafter plus one hundred percent (100%) of all Additional Rent. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. 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 holds over without Landlord’s express written consent, and tenders payment of rent for any period beyond the expiration of the Lease Term by way of check (whether directly to Landlord, its agents, or to a lock box) or wire transfer, Tenant acknowledges and agrees that the cashing of such check or acceptance of such wire shall be considered inadvertent and not be construed as creating a month-to-month immediately preceding the date of termination tenancy, provided Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or (b) the fair market rental for wire transfer received. Tenant acknowledges that any holding over without Landlord’s express written consent may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the Premises. If Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease despite demand Lease, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all loss or liability, including without limitation, any claims made by any succeeding tenant relating to founded upon such failure to surrendervacate and deliver, and any losses suffered by Landlord, including lost profits, resulting from such failure to vacate and deliver. Acceptance by Landlord Tenant agrees that any proceedings necessary to recover possession of rent the Premises, whether before or after expiration of the termination Lease Term, shall not constitute a consent be considered an action to a holdover or result in a renewal enforce the terms of this Lease. The foregoing provisions Lease for purposes of this Section are the awarding of any attorney’s fees in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawconnection therewith.

Holding Over. This Lease Tenant shall terminate without further notice upon the expiration pay Landlord for each day Tenant retains possession of the Term, and any holding over by Tenant Premises or part of them 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 Tenant to remove its property by lapse of time or to place otherwise at the Premises in the condition required pursuant to Section 15.3 rate (or for Landlord to do so if Tenant fails to do so“Holdover Rate”) which shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent One Hundred Fifty Percent (150%) of the Basic amount of the Annual Rent for the month immediately preceding last period prior to the date of such termination or plus all Rent Adjustments under Article 4, prorated on a daily basis, and also pay all damages sustained by Landlord by reason of such retention; provided, however, if Tenant provides at least six (b6) the fair market rental for the Premises. If Tenant fails months prior written notice to surrender Landlord of its intention to retain possession of the Premises upon after the expiration termination of this Lease, then during the first thirty (30) days of any such holdover period, Tenant shall pay Landlord for each day Tenant retains possession of the Premises or part of them after termination of this Lease despite demand the amount of the Annual Rent for the last period prior to do so by Landlordthe date of such termination plus all Rent Adjustments under Article 4, prorated on a daily basis, and Tenant shall indemnify and hold not be liable for any damages sustained by Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating reason of such retention during such thirty (30) day period. If Landlord gives notice to Tenant of Landlord’s election to such failure effect, such holding over shall constitute renewal of this Lease for a period from month to surrender. Acceptance month at the Holdover Rate, but if the Landlord does not so elect, no such renewal shall result notwithstanding acceptance by Landlord of rent any sums due hereunder after such termination; and instead, a tenancy at sufferance at the termination Holdover Rate shall not constitute a consent be deemed to a holdover or result in a renewal have been created. In any event, no provision of this Lease. The foregoing provisions of this Section are in addition Article 14 shall be deemed to and do not affect waive Landlord’s right of re-entry reentry or any other rights of Landlord right under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant fails to surrender all or any part of the Term, and any holding over by Tenant after Premises at the expiration shall not constitute a renewal or extension termination of this Lease, or give Tenant any rights under occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, except when in writing signed by both parties. Any period and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do soi) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date two hundred percent (or earlier termination200%) of the Term without sum of the prior written consent Base Rent and Additional Rent due for the monthly period immediately preceding the holdover, and (ii) the then fair market rental value of the Premises, as determined by 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 . No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover and terminating Tenant fails to vacate the Premises within thirty (30) days following delivery of written after notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by from Landlord, Tenant shall indemnify and hold be liable for all damages that Landlord harmless suffers from all loss or liabilitythe holdover, including including, without limitation, any claims made by any succeeding tenant relating founded upon such delay, any payment or rent concession which Landlord may be required to make to such failure tenant to surrender. Acceptance induce such tenant not to terminate its lease by Landlord reason of rent after the termination holding over by Tenant, and the loss of the benefit of the bargain if any such tenant shall not constitute a consent to a holdover or result in a renewal terminate its lease by reason of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawsuch holding over by Tenant.

Holding Over. This In the event of holding over by Tenant after expiration or termination of this Lease without the written consent of Landlord, Tenant shall terminate without further notice upon the expiration pay for each month or portion thereof of the Term, and any holdover tenancy holdover rent at the rate of twice the rate of Gross Rent which Tenant was obligated to pay for the month or portion thereof immediately preceding the end of the Term together with such other amounts as may become due hereunder. No holding over by Tenant after the expiration Term or Extended Term shall not constitute a renewal operate to extend the Term. In the event of any unauthorized holding over, Landlord may give notice to Tenant of such holdover, and, if Landlord gives such notice to Tenant, Tenant shall indemnify Landlord (i) against all claims for damages by any other tenant to whom Landlord may have leased all or extension any part of the Leased Premises covered hereby effective upon the termination of this Lease, and (ii) for all other losses, costs and expenses, including reasonable attorneys’ fees, incurred by Landlord by reason of such holding over. Landlord shall include in its notice to Tenant hereunder an estimate of the damages which Landlord reasonably anticipates suffering in the six (6) months following such notice as a result of Tenant’s holdover, but such indemnity shall be effective whether or give not any of the damages actually suffered by Landlord were set forth in Landlord’s notice to Tenant and shall not in any rights under this Lease, except when manner be limited to Landlord’s failure to list any such damage in writing signed by both partiesits notice to Tenant so long as Landlord was reasonable in furnishing Tenant its estimate. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord in writing shall thereafter constitute a month-to-lease from month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to month subject to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawhereof.

Holding Over. This Lease shall terminate without further notice upon In the expiration event of the Term, and any holding over by Tenant with respect to all or any portion of the Leased Premises 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 the Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a Agreement, such holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only relationship between Landlord 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 Tenant and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms and provisions of this LeaseLease Agreement shall be applicable during such period, except that as monthly rental, Tenant shall pay to Landlord for each month (or any portion thereof) during the monthly Basic Rent shall be the greater period of (a) such hold over an amount equal to one hundred fifty percent (150%) of the Basic Rent payable by Tenant for the month immediately preceding the date holdover period. The rental payable during such hold over period shall be payable to Landlord on demand. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease Agreement except as herein provided. In the event of any unauthorized holding over, Tenant shall also indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Parties (as defined on Exhibit I) against all claims for damages against the Landlord Parties as a result of Tenant’s possession of the Leased Premises, including, without limitation, claims for damages by any other party to which Landlord may have leased, or entered into an agreement to lease, all or any part of the Leased Premises effective upon the termination or (b) of this Lease Agreement. Notwithstanding anything herein to the fair market rental for the Premises. If contrary, Landlord and Tenant fails specifically agree that no notice to surrender the Premises upon terminate Tenant’s tenancy hereunder will be required from and after the expiration of the Term of this Lease despite demand to do so by Landlord, Agreement under Section 91.001 or Section 24.005 of the Texas Property Code before Landlord files a forcible detainer suit on grounds that Tenant shall indemnify is holding over beyond the end of the Term or renewal period (if any) hereof; 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. Acceptance by Landlord of rent after the termination sublease hereunder shall not constitute be approved unless it also contains a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawspecific comparable waiver by the subtenant thereunder.

Holding Over. This Lease shall terminate without further notice upon If Tenant holds possession of the Premises after 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 term of this Lease required for with Landlord’s written consent, Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed will become a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a tenant from month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of upon the terms of this Leasespecified herein, except that the monthly Basic Rent shall will be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for in effect immediately prior to such expiration. Such month-to-month tenancy may be terminated by either Landlord or Tenant by giving sixty (60) days written notice of termination to the other. If Tenant holds over without Landlord’s written consent, Tenant shall be a tenant at sufferance. In such event, Tenant shall pay Rent equal to two hundred percent (200%) of the Rent payable during the last month of the Term. If Tenant (a) fails to surrender the Premises within thirty (30) days after either Tenant or Landlord have terminated the month immediately preceding the date of termination to month tenancy; or (b) the fair market rental for the Premises. If if Tenant fails to surrender the Premises upon within thirty (30) days after receipt of a notice to quit if Tenant is a tenant at sufferance; or (c) if Tenant fails to surrender the Premises within thirty (30) days after the expiration of this Lease despite demand whether it be an expiration or an earlier expiration due to do so by Landlorddefault (time being of the essence), Tenant shall indemnify be liable to Landlord for all losses, costs, liabilities and damages which Landlord may incur by reason thereof, including, without limitation, reasonable attorneys’ fees, and Tenant shall indemnify, defend and hold Landlord harmless from against all loss or liability, including without limitation, any claims made by any succeeding tenant relating occupant against Landlord or otherwise arising out of or resulting from the failure of Tenant to such failure to surrender. Acceptance by Landlord of rent after timely surrender and vacate the termination shall not constitute a consent to a holdover or result Premises in a renewal accordance with the provisions of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease Tenant shall terminate without further notice upon the expiration pay Landlord for each day Tenant retains possession of the Term, and any holding over by Tenant Premises or part of them 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 Tenant to remove its property by lapse of time or to place otherwise at the Premises in the condition required pursuant to Section 15.3 rate (or for Landlord to do so if Tenant fails to do so"Holdover Rate") which shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (One Hundred Fifty Percent ( 150%) of the Basic Minimum Monthly Rent for the month immediately preceding last period prior to the date of such termination or (b) the fair market rental for the Premisesplus Tenant's Proportionate Share of Operating Costs, Real Estate Taxes and Insurance, prorated on a daily basis, and also pay all actual damages sustained by Landlord by reason of such retention. If Landlord gives notice to Tenant fails of Landlord's election to surrender the Premises upon the expiration such effect, such holding over shall constitute renewal of this Lease despite demand for a period from month to do month at the Holdover Rate, but if the Landlord does not so by Landlordelect, Tenant no such renewal 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. Acceptance result notwithstanding acceptance by Landlord of rent any sums due hereunder after such termination; and instead, a tenancy at sufferance at the termination Holdover Rate shall not constitute a consent be deemed to a holdover or result in a renewal of this Leasehave been created. The foregoing provisions In any event, no provision of this Section are in addition 33.2 shall be deemed to and do not affect waive Landlord’s 's right of re-entry reentry or any other rights of Landlord right under this Lease or at law. Additionally, in the event that upon termination of the Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Leased Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this section shall apply.

Holding Over. This Lease Tenant shall terminate without further notice upon have no right whatsoever to remain in possession of the Premises following the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this the Lease required for Term, whether or not Landlord has given Tenant notice to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenantvacate. If Tenant holds over for any period after does not immediately surrender the Expiration Date (Premises upon the expiration or earlier termination) termination of the Term without the prior written consent of LandlordLease Term, such possession then Tenant shall constitute become a tenancy tenant at sufferance only subject to immediate eviction by Landlord at any time, and the rent shall be increased to 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 amount equal to the other . In either greater of such events, possession shall be subject to all (x) 200% of the Annual Fixed Rent and Additional Rent calculated at the highest rate payable under the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (by) 150% of the fair market rental for value of the Premises. If Tenant fails to surrender Such rent shall be computed on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises upon have been vacated. Landlord’s acceptance of such rent shall not in any manner adversely affect Landlord’s other rights and remedies, including Landlord’s right to evict Tenant and to recover damages, and Tenant shall be liable for all loss, cost and damage incurred by Landlord resulting from Tenant’s failure and delay in surrendering the Premises. All property which remains in the Building or the Premises after the expiration or termination of this Lease despite demand shall be conclusively deemed to do so be abandoned and may either be retained by LandlordLandlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, Tenant shall indemnify then Landlord may receive the proceeds of such sale and hold Landlord harmless from all loss or liabilityapply the same, including without limitationat its option against the expenses of the sale, the cost of moving and storage, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord arrears of rent after the termination shall not constitute a consent or other charges payable hereunder by Tenant to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition Landlord and any damages to and do not affect Landlord’s right of re-entry or any other rights of which Landlord may be entitled under this Lease or and at lawlaw and in equity.

Holding Over. This Lease shall terminate without further notice upon the expiration Landlord and Tenant recognize that Landlord’s damages resulting from Tenant’s failure to timely surrender possession of the TermPremises may be substantial, may exceed the amount of the rent payable hereunder, and any holding over by Tenant after will be impossible to accurately measure. Accordingly, if possession of the expiration shall Premises is not constitute a renewal surrendered to Landlord on the Expiration Date or extension sooner termination of this Lease, in addition to any other rights or give remedies Landlord may have hereunder or at law, Tenant shall (a) pay to Landlord for each month (or any rights under this Lease, except when portion thereof) during which Tenant holds over in writing signed by both parties. Any period of time following the Premises after the Expiration Date or earlier sooner termination of this Lease, a sum equal to the aggregate of (i) 150% of the Monthly Base Rent payable under this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) last full calendar month of the Term without and (ii) the prior written consent amount of Landlord, Direct Expenses and Tenant’s Proportionate Share of Operating Expenses applicable to such possession shall constitute a tenancy holdover period; (b) provided Tenant has been given 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 least thirty (30) days following delivery of prior written notice that Landlord has entered into a lease with a “New Tenant” (as hereinafter defined), be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of termination the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by either reason of the holding-over by Tenant, and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding-over by Tenant, and indemnify Landlord or against all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to the other . In either of such events, retain possession shall be subject to all of the terms Premises after the Expiration Date or sooner termination of this Lease, except that and no acceptance by Landlord of payments from Tenant after the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of Expiration Date or sooner termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand shall be deemed to do so be other than on account of the amount to be paid 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. Acceptance by Landlord of rent after in accordance with the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law19.1.

Holding Over. This Lease shall terminate without further notice upon In the expiration event that Tenant retains occupancy of the Premises, or any part thereof, after the end of the Term, and Tenant's occupancy of the Premises shall be as a tenant at will terminable at any holding over time by Tenant after Landlord. Tenant’s occupancy during any holdover period shall otherwise be subject to the expiration shall not constitute a renewal or extension provisions of this LeaseLease (unless clearly inapplicable), except that Tenant shall pay Landlord rent for such time as Tenant remains in possession of the Premises at the rate equal to the higher of (a) two hundred percent (200%) of the Annual Base Rent payable during the last month of the Lease Term, or give Tenant any rights (b) one hundred twenty-five percent (125%) of the then market-rate for the Premises, plus all Additional Rent and other sums due under this Lease. In addition, except when in writing signed Tenant shall pay Landlord for all damages sustained by both parties. Any period reason of time following the Expiration Date or earlier termination Tenant's retention of this Lease required for Tenant to remove its property or to place possession of 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) end of the Term (including, without the prior written consent limitation, any damages suffered or incurred by Landlord as a result of Landlord’s failure or inability to deliver possession of the Premises to any succeeding tenant solely by reason of Tenant’s holding over, provided that such possession damages shall constitute a tenancy at sufferance only be limited to actual and an Event of Default under this Lease; such holding over with the prior written consent of direct damages suffered by Landlord shall constitute a month-to-month tenancy commencing on for the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice such holdover period, and after the first thirty (30) days of termination such holdover period has ended, Tenant shall also be liable to Landlord for any consequential damages suffered by either Landlord or Tenant by reason of Tenant’s holding over). Any provision in this Lease to the other . In either contrary notwithstanding, any holdover by Tenant shall constitute an Event of such eventsDefault on the part of Tenant under this Lease entitling Landlord to exercise, possession shall be subject without obligation to provide Tenant any notice or cure period, all of the terms remedies available to Landlord in the event of this Lease, except that the monthly Basic Rent shall be the greater an Event of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so Default 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this LeaseTenant. The foregoing provisions of this Section are in addition to and hereof do not affect limit or restrict Landlord’s right of re-entry 's rights or any other rights of Landlord remedies under this Lease or at lawin the event of any holding over by Tenant.

Holding Over. This Lease shall terminate without further notice upon In the expiration event 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, Tenant shall pay as liquidated damages, and not as a penalty solely for such possession holding over, one hundred fifty (150) percent of the Rent (including all Base Rental, Tenant's Forecast Additional Rental and Tenant's Additional Rental Adjustment) as would have been payable if this Lease had not so terminated or expired for the entire hold over period (it being agreed that Landlord's actual damages in such event will be difficult to ascertain, and that the foregoing amount is a reasonable forecast of Landlord's actual damages in such event). No holding over by Tenant after the term of this Lease shall constitute a tenancy at sufferance only and an Event of Default under be construed to extend this Lease; such . In the event of any unauthorized holding over, Tenant shall indemnify, defend with counsel selected by the indemnified party, and hold harmless Landlord and Landlord’s Related Parties from and against (i) all claims for damages, and all other claims, demands, actions and causes of action of any kind or nature whatsoever, by any other tenant to whom Landlord shall have leased all or part of the Leased Premises effective upon or after the expiration or earlier termination of this Lease, and (ii) all losses, costs and expenses (including consequential damages suffered by Landlord due to the loss of any other tenant or prospective tenant) suffered by Landlord or any of Landlord’s Related Parties as a result of any unauthorized holdover. Any holding over with the prior written express consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease to be a lease from month to month at a Base Rental, Tenant's Forecast Additional Rental, Tenant's Additional Rental Adjustment, and terminating thirty (30) days following delivery of written notice of termination all other sums required to be paid by either Landlord or Tenant prior to the other . In either of such events, possession shall be subject to all of the terms expiration or earlier termination of this Lease, except that the monthly Basic Rent shall as may be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite 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. Acceptance determined by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Leaseits sole and absolute discretion. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.175368 2031.0 Synthesis Energy Systems – 12.7.07

Holding Over. This Lease Tenant shall terminate without further notice upon the expiration pay Landlord for each day Tenant retains possession of the Term, and any holding over by Tenant Premises or part of them 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 by lapse of time or otherwise at the rate (“Holdover Rate”) which shall be One Hundred Fifty Percent (150%) of the greater of (a) the amount of the Monthly Base Rent for the last period prior to the date of such termination plus Tenant’s Proportionate Share of Operating Costs, Real Estate Taxes and Insurance; and (b) the then market rental value of the Premises as reasonably determined by Landlord assuming a new lease of the Premises of the then usual duration and other terms, in either case, prorated on a daily basis, and also pay all damages sustained by Landlord by reason of such retention. Such holding over shall constitute a tenancy at sufferance at the Holdover Rate. In any event, no provision of this Section 33.2 shall be deemed to waive Landlord’s right of reentry or any other right under this Lease or at law. Additionally, in the event that upon termination of the Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other surrender obligations of Tenant as set forth in this Lease, then Landlord shall have the right to perform any such obligations at Tenant’s sole cost and expense, and if such failure is of a nature which actually prevents Landlord from re-letting the space or preparing the space for use or occupancy by a party to whom the Premises have been leased, then any time required for by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Section shall apply. In connection with any such work performed by Landlord, Landlord shall endeavor in good faith to complete the same as soon as reasonably practical. If Tenant disputes in good faith Landlord’s assertion that it is entitled to remove its property or hold-over rent because Tenant has failed to place surrender the Premises in the condition required pursuant by this Lease, then, prior to Section 15.3 the filing of a lawsuit or the initiation of another form of dispute resolution proceeding (and as a condition thereto), the parties shall submit such dispute over the condition of the Premises (“Claim”), to non-binding mediation (“Mediation”) conducted by a retired judge or for Landlord other mediator who is a member of JAMS, or any substantially equivalent organization if JAMS is unable or unwilling to perform such services. Either party may initiate the Mediation by written notice to the other. The date such notice is given is called the “Mediation Initiation Date.” The mediator (“Mediator”) shall be a retired judge or other mediator affiliated with JAMS, selected either by mutual agreement of the parties involved with the Claim, or if they cannot so agree within twenty (20) calendar days after the Mediation Initiation Date, by the Chief Judicial Officer of JAMS or through such other procedures as JAMS regularly follows. If the parties mutually agree, a Mediator other than a member of JAMS may be selected in place of a JAMS Mediator. The Mediation shall be held in San Francisco, California, or such other location as the parties may agree, within twenty (20) calendar days after the Mediator is selected, or such longer period as the parties involved with the Claim and the Mediator mutually decide. The parties shall seek in good faith to resolve the Claim in the Mediation, and a party’s failure to do so if Tenant fails shall (i) be a bar to do sosuch party’s collection of attorney’s fees in any subsequent legal proceeding regarding the Claim, and (ii) shall be deemed a holding over by Tenant. If Tenant holds over make such party responsible for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination all fees incurred by either Landlord or Tenant to the other . In either of party in connection with such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawMediation.

Holding Over. This Lease shall terminate without further notice upon the expiration Tenant will not be permitted to hold over possession of the Term, and any holding over by Tenant Premises 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 Tenant to remove the Term without the express written consent of Landlord, which consent Landlord may withhold in its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenantsole and absolute discretion. If Tenant holds over for any period after the Expiration Date (expiration or earlier termination) termination of the Term without the prior written consent of LandlordTerm, such possession shall constitute Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance only 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 continued occupancy by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms terms, covenants and conditions of this Lease, so far as applicable, except that the monthly Basic Monthly Base Rent for any such holdover period shall be the greater of (a) equal to one hundred fifty twenty-five percent (150125%) of the Basic Monthly Base Rent in effect under this Lease immediately prior to such holdover, prorated on a monthly basis; provided, however, holdover rent for the month immediately preceding first thirty (30) days of the date holdover will not be prorated and a minimum of a full month's worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord's right of re-entry or (b) the fair market rental for the Premisesany rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant shall indemnify agrees to promptly indemnify, protect, defend and hold Landlord harmless from all loss or liabilityclaims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, any costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant relating to such founded on or resulting from Tenant's failure to surrendersurrender the Premises. Acceptance by Landlord The provisions of rent after this Subparagraph 11(b) will survive the expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any 1.1 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 other termination of this the Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior express written consent of Landlord delivered to Tenant shall constitute be construed to be a month-to-month tenancy commencing on at sufferance. Any holding over after the first (1st) day following the expiration or other termination of this the Lease and terminating thirty (30) days following delivery Term with the express written consent of written notice of termination by either Landlord or delivered to Tenant to the other . In either of such events, possession shall be subject construed to be a tenancy from month to month only, and shall be on all of the terms of this Leaseset forth herein, except that the monthly Basic Base Rent shall be the greater of (a) an amount equal to one hundred fifty percent (150%) of the Basic monthly Base Rent payable for the last full month immediately preceding of the date Lease Term (without giving consideration to any period of termination abatement arising as a result of the occurrence of any casualty or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite 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 surrenderother reason). Acceptance by Landlord of any rent after the expiration or termination of this Lease shall not constitute a consent by Landlord to a holdover any such tenancy from month to month or result in a any other tenancy or any renewal of this Leasethe Lease Term. The foregoing provisions of this Section section are in addition to to, and do not affect Landlordaffect, Xxxxxxxx’s right of to re-entry or other rights hereunder or provided by law. 1.2 Tenant shall indemnify, defend and hold Landlord and the Landlord Parties harmless from and against all claims, demands, liabilities, damages, losses, costs and expenses, including, without limitation, attorneys’ fees, incurred by or asserted against Landlord or the Landlord Parties and arising directly or indirectly from Tenant’s failure to timely surrender the Premises, including but not limited to (i) any rent payable by or any loss, cost, or damages, including lost profits, claimed by any prospective tenant of the Premises or any portion thereof, and (ii) Landlord’s damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of the Premises or any portion thereof by reason of such failure to timely surrender the Premises; provided, however, as a condition to Tenant’s obligations under this Section 26.2, Landlord shall give Tenant written notice of the existence of a prospective successor tenant for the Premises or any portion thereof, or the existence of any other rights of matter which might give rise to a claim by Landlord under the foregoing indemnity, at least thirty (30) days prior to the date Landlord shall require Xxxxxx’s surrender of the Premises, and Tenant shall not be responsible to Landlord under the foregoing indemnity if Tenant shall surrender the Premises on or prior to the expiration of such thirty (30) day period (it being agreed, however, that Landlord need not identify the prospective tenant by name in its notice, and it being further agreed that such notice may be given prior to the scheduled expiration date of this Lease or at lawLease).

Holding Over. This Lease shall terminate without further notice If Tenant should fail to vacate the Premises upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension termination of this Lease, or give with Landlord's approval Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute become a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such eventsTenant, possession shall be subject to all laws of the District of Columbia applicable to such tenancy and to the terms and conditions of this Lease, except that so far as applicable. The monthly rent to be paid Landlord by Tenant during such continued occupancy shall be an amount equal to one and one-half (1 1/2) times the monthly rent (which shall include Basic Rent shall be the greater of (aand Additional Rent) one hundred fifty percent (150%) of the Basic Rent being paid for the month immediately preceding the date Lease expires or is terminated. Notwithstanding the foregoing, if Tenant remains in occupancy without the consent of Landlord, after expiration or termination of this Lease, no receipt of money by Landlord from Tenant shall reinstate or (b) extend this Lease or affect any prior notice given by Landlord to Tenant. Landlord shall have the fair market rental right to accept any payments by Tenant as use and occupancy payments, but not as rent, without being deemed to have consented to such holdover. Such use and occupancy payments shall be equal to the amount of rent that would have been collected by Landlord pursuant to this Section 11 had Landlord approved Tenant's holding over as a month-to-month Tenant, and shall be credited against rent accruing for the Premisessuch period. If Moreover, if Tenant fails to surrender the Premises upon the expiration or termination of this Lease Lease, despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liabilityliability including, including without limitation, any claims loss of rent or any claim made by any succeeding tenant relating to or prospective tenant founded on or resulting from such failure to surrender. Acceptance by In the event of holding over, Landlord may at any time prior to acceptance of rent after and without waiving its right to use and occupancy payments, reenter the termination shall not constitute a consent to a holdover Premises by any applicable legal process or result otherwise in a renewal accordance with the provisions of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease Tenant agrees to vacate the Premises at the end of the Term, and Landlord shall terminate without further be entitled to the benefit of all summary proceedings to recover possession of the Premises at the end of the Term, as if statutory notice upon had been given. If Tenant remains in possession of the Premises after the expiration of the Term, and any holding over by Tenant after the expiration such action shall not constitute a renewal or extension renew the Lease by operation 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) law and nothing herein shall be deemed as a holding over consent by Landlord to Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for ’s remaining in the Premises. If Tenant fails to surrender vacate the Premises upon as required, Landlord may for the expiration first month of any such holdover consider Tenant as either (i) a “Tenant-at-Will” liable for the payment of 150% of the Basic Rent payable at the end of the Term or (ii) as a “Tenant-Holding-Over” liable for an amount equal to the actual damages incurred by Landlord as a result of Tenant’s holding over, including attorney’s fees, but excluding incidental, prospective and consequential damages, but in no event shall such amount be less than the amounts of (a) 150% of the Basic Rent payable at the end of the Term and (b) the Additional Rent reserved hereunder applicable to the period of the holdover. If Tenant fails to vacate the Premises as required after the foregoing one (1) month period, Landlord may consider Tenant as either (i) a “Tenant-at-Will” liable for the payment of 150% of the Basic Rent payable at the end of the Term or (ii) as a “Tenant-Holding-Over” liable for an amount equal to the actual damages incurred by Landlord as a result of Tenant’s holding over, including, without limitation, all incidental, prospective and consequential damages and attorney’s fees, but in no event shall such amount be less than the amounts of (a) 150% of the Basic Rent payable at the end of the Term and (b) the Additional Rent reserved hereunder applicable to the period of the holdover. In any of the foregoing events, all other covenants of this Lease despite demand to do so by Landlord, Tenant shall indemnify remain in full force 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at laweffect.

Holding Over. This Lease Tenant shall terminate without further notice upon promptly vacate the Residence and remove all of Tenant’s goods and property therefrom and shall not remain in possession of the Residence after the expiration or termination of this Lease, whether such termination occurs by lapse of time or otherwise. At the expiration of the Lease Term, Landlord shall have the right to remove Tenant and any holding Tenant’s possessions from the Residence and change the locks and take such other steps as Landlord finds appropriate to regain possession of the Residence. If Tenant holds over by Tenant after and fails to move out on or before the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights date and time required under this Lease, except when and Landlord elects, in writing signed Landlord's sole discretion, by both partiesdelivery of written notice thereof, to permit Tenant as a “tenant at will”, the Rent for the holdover period shall be $100.00 per day, together with Rent due hereunder in monthly installments, until occupancy is redelivered to Landlord and Tenant shall, and does hereby, indemnify Landlord for any damages or liabilities incurred due to such holdover. Any period of time following the Expiration Date or earlier termination of this Lease required for Holdover rents shall be immediately due on a daily basis in advance. Nothing contained herein shall be construed as consent by Landlord to permit Tenant to remove its property or holdover. In Landlord’s sole discretion, and without limiting any other remedies available to place Landlord, Landlord may offset the Premises in daily rental for 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 holdover period from the Security Deposit of Tenant. If Tenant holds over without Landlord's consent, Landlord may bring an action for any period after possession and if the Expiration Date Tenant's holdover is willful and not in good faith, Landlord may also recover an amount equal to not more than three (3) months' Rent or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so actual damages sustained by Landlord, Tenant shall indemnify whichever is greater, 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawreasonable attorney's fees.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any Any holding over by Tenant after expiration or other termination of the expiration Term of this Lease with the written consent of Landlord delivered to Tenant shall not constitute a renewal or extension of this Lease, the Lease or give Tenant any rights under in or to the Leased Premises except as expressly provided in this Lease. Any holding over after the expiration or other termination of the Term of this Lease, except when in writing signed by both parties. Any period of time following with the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute be construed to be 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 from month to month-to-month tenancy commencing , on the first (1st) day following the termination of this Lease same terms and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, conditions herein specified insofar as applicable except that the monthly Basic Rent shall be the greater of increased to an amount equal to two hundred (a) one hundred fifty percent (150200%) percent of the monthly Basic Rent for required during the last month of the Lease term; provided, however, that the monthly Rent shall be prorated based on the actual number of days in the month immediately preceding for any partial month of the date holding over. Holding over conduct within the meaning of termination or the Lease and this Paragraph 30 shall also include: (bi) the fair market rental for the Premises. If failure by Tenant fails to surrender the Leased Premises upon on the expiration Lease Termination Date in the physical condition described in Paragraphs 8 ("Acceptance and Surrender of this Lease despite demand Premises"), 10 ("Alterations and Additions") and 11 ("Tenant Maintenance") and/or any Consents to do so by Landlord, Modifications/Alterations (if any) for which conduct Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating be subject to such failure the Hold Over Basic Rent under this Paragraph until the Leased Premises is restored to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord condition required under this Lease or (ii) if Tenant is responsible for paying to Landlord the cost of the restoration work in lieu of Tenant completing said restoration, Tenant shall be liable to Landlord, at lawthe Basic Rent rate for the last month of the Lease Term, for the estimated time it would take to complete said restoration, regardless of whether or not Landlord elects to make such restoration to the Leased Premises.

Holding Over. This Tenant acknowledges that it is extremely important that Landlord have substantial advance notice of the date on which Tenant will vacate the Premises, because Landlord will (a) require an extensive period to locate a replacement tenant, and (b) plan its entire leasing and renovation program for the Building in reliance on its lease expiration dates. Tenant also acknowledges that if Tenant fails to surrender the Premises at the expiration or earlier termination of the Lease shall terminate without further notice Term, then it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Base Rent and Additional Rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender the Premises or any portion thereof upon the expiration or earlier termination of the Lease Term, then the rent shall be increased to equal the greater of (1) the fair market rent for the Premises, or two hundred percent (200%) of the Base Rent, Additional Rent and other sums that would have been payable pursuant to the provisions of this Lease if the Lease Term had continued during such holdover period. Such rent shall be computed by Landlord on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises have been vacated. Notwithstanding any holding over by Tenant after the expiration shall not constitute a renewal or extension other provision of this Lease, or give 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 any rights under this Lease, except when in writing signed by both partiesand to recover all damages. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) holdover shall be deemed to be a holding over by Tenant. If Tenant holds over for any period after tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month; provided, however, that Landlord may, in addition to its other remedies, elect, in its sole discretion, to treat such holdover as the Expiration Date (or earlier termination) creation of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on with Tenant. In no event shall any holdover be deemed a permitted extension or renewal of the first (1st) day following the termination Lease Term, and nothing contained herein shall be construed to constitute Landlord's consent to any holdover or to give Tenant any right with respect thereto. Except as otherwise specifically provided in this Article, all terms of this Lease shall remain in full force and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to effect during the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawperiod.

Holding Over. This Lease Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall terminate be unlawfully and illegally in possession of the Premises, whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises without further notice upon Landlord's written consent. If Tenant shall retain possession of the Premises or any portion thereof without Landlord's consent following the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over sooner termination for any period after reason then Tenant shall pay to Landlord for each day of such retention triple two hundred percent (200%) the Expiration Date (amount of daily rental as of the last month prior to the date of expiration or earlier termination) of . 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 Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating Premises within thirty (30) days following delivery the expiration or earlier termination of written notice the Term or extended Term of this Lease, including without limitation, any claims made by the succeeding tenant founded on such delay. Acceptance of Rent by Landlord following expiration or earlier termination of this Lease, or following demand by either Landlord for possession of the Premises, shall not constitute a renewal of this Lease, and nothing contained in this Paragraph 25 shall waive Landlord's right of reentry or any other right. Additionally, if upon expiration or earlier termination of this Lease, or following demand by Landlord for possession of the Premises. Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other . In either of Tenant obligations as set forth in this Lease then Landlord shall have the right to perform any such eventsobligations as it deems necessary at Tenant's sole cost and expense, possession and any time required by Landlord to complete such obligations shall be subject to all considered a period of holding over and the terms of this Paragraph 25 shall apply. The provisions of this Paragraph 25 shall survive any expiration or earlier termination of this Lease. If by written notice to Landlord delivered not later than twelve (12) months prior in the Term Expiration Date, except or the expiration of the extended Term (the "Hold Over Notice"), Tenant advises Landlord of its intent to hold-over specifying the period of such hold-over (which period must be for a period of no longer than six (6) months) (the "Hold-Over Term") then Tenant may, as matter of right, remain in possession following the Term Expiration Date or the expiration of the extended Term, as the case may be, for the Hold-Over Term set forth in the Hold-Over Notice; provided, that the monthly Basic Base Rent for the Hold-Over Term shall be the greater of (a) one hundred fifty percent (150%) of the Basic sum of the Base Rent and other charges payable for the last month immediately of the Term or extended Term. In no event under the preceding sentence shall Tenant have the date of termination or (b) the fair market rental for the Premises. If Tenant fails right to surrender hold-over in the Premises upon for more than one (1) six (6) month or shorter period beyond the Term Expiration Date or the expiration of this Lease despite 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawextended Term.

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant fails to deliver possession of the TermPremises on the Termination Date, and any holding but holds 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the express prior written consent of Landlord, such possession tenancy shall constitute be construed as 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 from 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 terminable by either Landlord or Tenant upon thirty (30) days’ prior written notice to the other . In either of such events, possession shall be subject to all of other) on the same terms of this Leaseand conditions as are contained herein, except that the monthly Basic Fixed Monthly Rent payable by Tenant during such period of holding over for the first two (2) months following the Termination Date or any earlier termination of this Lease shall be automatically increase as of the greater Termination Date to an amount equal to one hundred twenty-five percent (125%) of (a) the Fixed Monthly Rent payable by Tenant for the calendar month immediately prior to the date when Tenant commences such holding over and shall thereafter automatically increase to one hundred fifty percent (150%) of the Basic Fixed Monthly Rent payable by Tenant for the calendar month immediately preceding prior to the date when Tenant commences such holding over (the “Holdover Rent”). Tenant’s payment of termination such Holdover Rent, and Landlord’s acceptance thereof, shall not constitute a waiver by Landlord of any of Landlord’s rights or (b) remedies with respect to such holding over, nor shall it be deemed to be a consent by Landlord to Tenant’s continued occupancy or possession of the fair market rental for Premises past the Premisestime period covered by Tenant’s payment of the Holdover Rent. If Furthermore, if Tenant fails to surrender deliver possession of the Premises upon to Landlord within ten (10) business days after the expiration or earlier termination of this Lease despite demand Lease, then, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityloss, costs (including reasonable attorneys’ fees and expenses) and liability resulting from such failure, including without limitationlimiting the foregoing, any claims made by any succeeding tenant relating to such arising out of Tenant’s failure to so surrender, and any lost profits to Landlord resulting therefrom. Acceptance by Notwithstanding the provisions contained hereinabove regarding Tenant’s liability for a continuing holdover, Landlord agrees to use commercially reasonable efforts to insert into any future lease of rent after another tenant proposing to occupy the termination shall not constitute a consent Premises provisions similar to a holdover or result those contained in a renewal Section 2.1, permitting mitigation of this Lease. The foregoing provisions Tenant’s damages arising out of this Section are in addition to and do not affect LandlordTenant’s right of re-entry or any other rights of Landlord under this Lease or at lawtemporary holdover.

Holding Over. This Lease shall terminate without further notice upon the expiration of the TermTenant will, 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease by lapse of time or otherwise, yield up immediate possession to Landlord. If Tenant retains possession of the Leased Premises or any part thereof after such termination, then Landlord may, at its option, serve written notice upon Tenant that such holding over constitutes any one of: (i) creation of a month to month tenancy; or (ii) creation of a tenancy at sufferance, in any case upon the terms and terminating conditions set forth in this Lease; provided, however, that the monthly rental (or daily rental under (ii)) shall, in addition to all other sums which are to be paid by Tenant hereunder, whether or not as additional rent, be equal to 150% of the rental being paid monthly to Landlord under this Lease immediately prior to such termination (prorated in the case of (ii) on the basis of a 365 day year for each day Tenant --14-- 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. If Tenant shall hold over for more than ninety (90) days after the termination of this Lease without Landlord's written consent or approval, then Tenant shall also pay to Landlord as additional rent due and payable, all damages sustained by Landlord resulting from the unapproved retention of possession by Tenant, including the loss of any proposed subsequent tenant for any portion of the Leased Premises (provided Landlord notifies Tenant in writing that it desires to lease the Leased Premises to a proposed tenant). In any such events, Tenant shall vacate the Leased Premises and deliver full possession to Landlord upon the giving to Tenant by Landlord of thirty (30) days following delivery of days' written notice of termination by either Landlord or Tenant to the other and demand therefor. In either of such events, possession shall be subject to all of the terms The provisions of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite 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. Acceptance by Landlord of rent after the termination paragraph shall not constitute a consent to a holdover or result in a renewal waiver by Landlord of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s any right of re-entry as herein set forth; nor shall receipt of any Rent or any other rights act in apparent affirmance of Landlord under the tenancy operate as a waiver of the right to terminate this Lease for a breach of any of the terms, covenants or at lawobligations herein on Tenant's part to be performed by Tenant, or of any other right of Landlord.

Holding Over. This Lease shall terminate Should Tenant, without further notice upon the expiration of the TermLandlord's written consent, and any holding hold over by Tenant after the expiration shall not constitute a renewal or extension termination of this Lease, or give Tenant any rights under this Leaseshall become a tenant from month-to-month, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) only upon each and all of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute terms herein provided as may be applicable to a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of any such events, possession holding over shall be subject to all of the terms not constitute an extension of this Lease. During such holding over, except that the monthly Basic Rent Tenant shall be the greater of (a) pay in advance, monthly, rent at one hundred fifty percent (150%) of the Basic Rent rate in effect for the last month immediately preceding of the date Term of this Lease, in addition to, and not in lieu of, all other payments (other than Basic Rental) required to be made by Tenant hereunder including but not limited to Tenant's Proportionate Share of any increase in Direct Costs. Nothing contained in this Article 5 shall be construed as consent by Landlord to any holding over of the Premises by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or earlier termination or (b) of the fair market rental for the PremisesTerm. If If, without Landlord's prior written consent, Tenant fails to surrender the Premises upon the expiration or termination of this Lease despite demand to do so by LandlordLease, Tenant shall indemnify agrees to indemnify, defend and hold Landlord harmless from all loss costs, loss, expense or liability, including without limitation, any claims made by any succeeding tenant relating and real estate brokers claims and attorney's fees. PERSONAL PROPERTY TAXES Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenants trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord its share of such failure taxes within thirty (30) days after delivery to surrender. Acceptance Tenant by Landlord of rent after a statement in writing setting forth the termination amount of such taxes applicable to Tenant's property or above-standard improvements. Tenant shall not constitute a consent assume and pay to a holdover Landlord at the time of paying Basic Rental any excise, sales, use, rent, occupancy, garage, parking, gross receipts or result in a renewal other taxes (other than net income taxes) which may be imposed on or on account of this Lease. The foregoing provisions letting of this Section are in addition to and do not affect Landlord’s right the Premises or the payment of re-entry Basic Rental or any other rights of sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Lease or at lawArticle 6 shall not be included in the computation of "Tax Costs."

Holding Over. This Lease shall terminate without further notice upon Tenant understands that it does not have the expiration right to hold over at any time and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises, as well as any damages incurred by Landlord, due to Tenant's failure to vacate the Premises and deliver possession to Landlord as required by this Lease. If Tenant holds over after the Expiration Date with Landlord's prior written consent, Tenant will be deemed to be a tenant from month-to-month, at a monthly Base Rent, payable in advance, equal to 120% of the monthly Base Rent payable during the last year of the Term, and any holding over Tenant will be bound by Tenant after all of the expiration shall not constitute a renewal or extension of this Leaseother terms, 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 covenants and agreements of this Lease required for Tenant as the same may apply to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on tenancy. If Tenant holds over after the Expiration Date without Landlord's prior written consent, Tenant will be deemed a tenant at sufferance, at a daily Base Rent, payable in advance, equal to 120% of the Base Rent for the first (1st) month and 150% of the Base Rent thereafter per day following payable during the termination last year of the Term, and Tenant will be bound by all of the other terms, covenants and agreements of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant as the same may apply to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premisesa tenancy at sufferance. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss loss, cost, expense, or liability, including without limitation, any claims claim made by any succeeding tenant relating to founded on or resulting from such failure to surrender. Acceptance surrender and any attorneys' fees and other costs of legal proceedings; provided, however, that such indemnity shall not include or cover consequential damages incurred by Landlord of rent after the termination shall not constitute a consent to a unless such holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawexceeds sixty (60) days.

Holding Over. This Lease Unless Landlord expressly agrees otherwise in writing, Tenant shall terminate without further notice upon the expiration pay Landlord 150% of the Termamount of Base Rent then applicable (or the highest amount permitted by Law, whichever shall be less), plus Tenant's Prorata Share of Taxes and Operating Expenses prorated on per diem basis for each day Tenant shall retain possession of the Premises or any holding over by Tenant part thereof 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 Lease. If such holdover, without consent, continues for more than fifteen (15) days, then Tenant shall also be obligated for the payment of (a) amounts payable by Landlord to third parties on account of such holdover by Tenant, and (b) direct damages sustained by Landlord on account of such holdover by Tenant. The foregoing provisions shall not serve as permission for Tenant to remove its property or holdover, nor serve to place extend the Premises in Term (although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) Premises, and shall be deemed a holding over by Tenantsubject to the provisions of Article 13). If Tenant holds over for Notwithstanding the foregoing to the contrary, at any period time before or after the Expiration Date (expiration or earlier termination) termination of the Term without Lease, Landlord may serve notice advising Tenant of the prior written consent amount of LandlordRent and other terms required, 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 should Tenant desire to enter a month-to-month tenancy commencing (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 the first (1st) day following the termination terms and provisions of this Lease then in effect, as modified by Landlord's notice, and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss not be entitled to any renewal or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result expansion rights contained in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawany amendments hereto).

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant remains in possession 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior with Landlord's express written consent of Landlordconsent, such possession Tenant's occupancy 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 be a month-to-month tenancy commencing at a rental rate equal to 125% of the Basic Monthly Rent and Additional Rent payable under this Lease during the last full month before the Expiration Date. The month-to-month tenancy shall be on the first (1st) day following the termination terms, provisions, and conditions of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to except as provided in the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premisessentence. If Tenant fails to surrender holds over after the Premises upon Expiration Date without the expiration express written consent of this Lease despite demand to do so by Landlord, Tenant shall indemnify become a tenant at sufferance only, at a rental rate equal to 150% of the Basic Monthly Rent and hold Landlord harmless from all loss or liabilityAdditional Rent in effect immediately prior to expiration of the Term (prorated on a daily basis), including without limitationand otherwise subject to the terms, any claims made by any succeeding tenant relating to such failure to surrenderprovisions, and conditions herein specified, so far as applicable. Acceptance by Landlord of rent after the such expiration or earlier termination shall not constitute a consent to a holdover tenancy hereunder or result in a renewal of this Leaserenewal. The foregoing provisions of this Section Paragraph 24.2 are in addition to to, and do not affect affect, Landlord’s 's right of re-entry or any other rights of Landlord under hereunder or as otherwise provided by law. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this Paragraph 24.2 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be liable to Landlord for any lost profits or any other form of consequential damages suffered by Landlord as a result of a Tenant holdover unless Landlord has delivered at least 30 days prior written notice to Tenant that Landlord, has a tenant for the Premises upon the expiration of the Term and Tenant thereafter holds over, then Tenant shall be liable to Landlord for any lost rents and any other damages suffered Landlord on account of such holdover (collectively, "Holdover Lost Rents and Successor Damages"). Subject to the provisions of this Paragraph 24.2, and provided Landlord has provided Tenant with reasonable back-up documentation evidencing such losses and damages, Tenant shall indemnify, defend and hold Landlord harmless from and against any Holdover Lost Rents and Successor Damages resulting from any holdover by Tenant beyond the Expiration Date.

Holding Over. This Lease shall terminate without further notice upon the expiration Tenant will not be permitted to hold over possession of the Term, and any holding over by Tenant Premises 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 Tenant to remove the Term without the express written consent of Landlord, which consent Landlord may withhold in its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenantsole and absolute discretion. If Tenant holds over for any period after the Expiration Date (expiration or earlier termination) termination of the Term with or without the prior express written consent of Landlord, such possession then, in addition to all other remedies available to Landlord, Tenant shall constitute become a tenancy tenant at sufferance only only, upon the terms and an Event of Default conditions set forth in this Lease so far as applicable (including Tenant’s obligation to pay all Additional Rent under this Lease; ), but at a Monthly Base Rent equal to one hundred twenty-five percent (125%) of the Monthly Base Rent applicable to the Premises immediately prior to the date of such holding expiration or earlier termination, plus Tenant’s Percentage. Any such holdover Rent shall be paid on a per diem basis. Acceptance by Landlord of Rent after such expiration or earlier termination shall not constitute consent to a hold over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination hereunder or result in an extension of this Lease 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 shall be liable, and terminating shall pay to Landlord within thirty (30) days following delivery of written notice of termination after demand, for all losses incurred by either Landlord or Tenant to the other . In either as a result of such eventsholdover, possession and shall be subject to all of the terms of this Leaseindemnify, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify defend and hold Landlord and the Landlord Parties harmless from and against all loss liabilities, damages, losses, claims, suits, costs and expenses (including reasonable attorneys’ fees and costs) arising from or liabilityrelating to any such holdover tenancy, including without limitation, any claims claim for damages made by any a succeeding tenant relating to such failure to surrendertenant. Acceptance by Landlord of rent after Tenant’s indemnification obligation hereunder shall survive the expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section 21.2 are in addition to to, and do not affect affect, Landlord’s right of re-entry or any other rights of Landlord under this Lease hereunder or otherwise at lawlaw or in equity.

Holding Over. This Lease shall terminate without further notice upon If, with Landlord’s express written consent, Tenant retains possession of the expiration Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any holding over by expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant after shall continue to pay Base Rent in the amount payable upon the date of 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 Tenant to remove its property or to place such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under 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 Tenantterms of this Lease. If Tenant holds over for any period remains in possession of the Premises after the Expiration Date (expiration or earlier termination) termination of the Term without the prior express written consent of Landlord, such possession (A) Tenant shall constitute become a tenancy tenant at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of upon the terms of this Lease, Lease except that the monthly Basic Rent rental shall be equal to 200% of Rent in effect during the greater of (a) one hundred fifty percent (150%) last 30 days of the Basic Rent for the month immediately preceding the date of termination or Term, and (bB) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, 9000 Xxxxxxx Xxxxxx Xxxxx—TCR2 Therapeutics Inc.—Page 10 Tenant shall indemnify and hold be responsible for all damages suffered by Landlord harmless resulting from all loss or liabilityoccasioned by Tenant’s holding over (including consequential damages if Landlord has advised Tenant in advance of any particular consequential damages that Landlord may incur or suffer as a result of Tenant’s holding over, including including, without limitation, any claims made consequential damages that Landlord may incur or suffer by any succeeding tenant relating reason of Landlord’s inability to such failure lease the Premises or deliver occupancy to surrendera particular tenant). No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of rent Rent after the expiration of the Term or earlier termination of this Lease shall not constitute a consent to a holdover or result in a renewal or reinstatement of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant (directly or through any successor-in-interest of Tenant) remains in possession of all or any portion of the Term, and any holding over by Tenant Premises 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such Tenant’s continued possession shall constitute be on the basis of a tenancy at the sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other Landlord. In either of such eventsevent, possession Tenant shall be subject continue to comply with or perform all of the terms and obligations of Tenant under this Lease, except that the monthly Basic Monthly Base Rent during Tenant’s holding over shall be the greater of the then fair market rent for the Premises (aas reasonably determined by Landlord) or one hundred fifty twenty-five percent (150125%) of the Basic Monthly Base Rent for payable in the last full month immediately preceding prior to the date of termination or hereof (band shall be increased in accordance with Subparagraph 4(b) the fair market rental for the Premises[Adjustments in Base Rent]). If Tenant fails In addition to surrender the Premises upon the expiration of this Lease despite demand to do so by LandlordRent, Tenant shall indemnify and hold pay Landlord harmless from for all loss or liability, including without limitation, any claims made damages proximately caused by any succeeding tenant relating to reason of the Tenant’s retention of possession. Landlord’s acceptance of Rent after such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of , and nothing contained in this Section are in addition provision shall be deemed to and do not affect waive Landlord’s right of re-entry or any other rights of Landlord under this Lease right hereunder or at law. Tenant acknowledges that, in Landlord’s marketing and re-leasing efforts for the Premises, Landlord is relying on Tenant’s vacation of the Premises on the Expiration Date. Accordingly, Tenant shall indemnify, defend and hold Landlord harmless from and against all claims, liabilities, losses, costs, expenses and damages arising or resulting directly or indirectly from Tenant’s failure to timely surrender the Premises, including (i) any loss, cost or damages suffered by, any prospective tenant of all or any part of the Premises, and (ii) Landlord’s damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of all or any portion of the Premises by reason of such failure of Tenant to timely surrender the Premises.

Holding Over. This Lease If Tenant shall terminate without further notice upon continue to occupy the expiration of the Term, and any holding over by Tenant Premises 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession tenancy 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 be a month-to-month tenancy commencing on the first (1st) day following the termination at sufferance. The period of this Lease and terminating thirty (30) days following delivery of written notice of termination any hold over tenancy by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms and provisions of this LeaseLease (other than any provisions for allowances, abatements or other financial concessions, Landlord’s Work, or optional rights of Tenant requiring Tenant to exercise the same by written notice, such as any options to extend the Term or to expand the Premises), except that Tenant shall pay Landlord from time to time, upon demand, as Base Rent for the monthly Basic Rent shall be the greater of (a) one hundred fifty percent holdover period, an amount equal to One Hundred Fifty Percent (150%) of the Basic Rent in effect on the termination date, computed on a monthly basis for the each month immediately preceding the date of termination or (b) the fair market rental for the Premisespart thereof during such holding over. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by LandlordIn addition, Tenant shall indemnify be liable to Landlord for and shall indemnify, defend (with counsel acceptable to Landlord) and hold harmless Landlord harmless from against all loss loss, cost, liability and damages suffered or liabilityincurred by Landlord as a result of Tenant’s holding over including, including without limitation, (i) any claims made payment or rent concession which Landlord may be contractually required to make to any tenant obtained by Landlord for all or any succeeding tenant relating part of the Premises (a “New Tenant”) by reason of the late delivery of space to the New Tenant as a result of Tenant’s holding over or in order to induce such failure New Tenant not to surrenderterminate its lease by reason of the holding over by Tenant, and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding over by Tenant. Acceptance by Landlord of rent any Rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition Lease or consent to and do not affect such hold over occupancy, nor shall it waive Landlord’s right of re-entry or any other rights of Landlord under right contained in this Lease or at lawprovided by Law.

Holding Over. This Lease Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall terminate be unlawfully and illegally in possession of the Premises, whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises without further notice upon Landlord's written consent. If Tenant shall retain possession of the Premises or any portion thereof without Landlord's consent following the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over sooner termination for any period after reason, then Tenant shall pay to Landlord for each day of such retention two hundred percent (200%) the Expiration Date (amount of daily rental as of the last month prior to the date of expiration or earlier termination) of . 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 Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating Premises within thirty (30) days following delivery the expiration or earlier termination of written notice the Term or extended Term of this Lease, including, without limitation, any claims made by the succeeding tenant founded on such delay. Acceptance of Rent by Landlord following expiration or earlier termination of this Lease, or following demand by either Landlord for possession of the Premises, shall not constitute a renewal of this Lease, and nothing contained in this Paragraph 25 shall waive Landlord's right of reentry of 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 . In either of Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such eventsobligations as it deems necessary at Tenant's sole cost and expense, possession and any time required by Landlord to complete such obligations shall be subject to all considered a period of holding over and the terms of this Paragraph 25 shall apply. The provisions of this Paragraph 25 shall survive any expiration or earlier termination of this Lease. If by written notice to Landlord delivered not later than twelve (12) months prior to the Term Expiration Date, except or the expiration of the extended Term (the "Hold-Over Notice"), Tenant advises Landlord of its intent to hold-over specifying the period of such hold-over (which period must be for a period of no longer than six (6) months)(the "Hold-Over Term") then Tenant may, as a matter of right, remain in possession following the Term Expiration Date or the expiration of the extended Term, as the case may be, for the Hold-Over Term set forth in the Hold-Over Notice; provided, that the monthly Basic Base Rent for the Hold-Over Term shall be the greater of (a) one hundred fifty percent (150%) of the Basic sum of the Base Rent and other charges payable for the last month immediately of the Term or extended Term. In no event under the preceding sentence shall Tenant have the date of termination or (b) the fair market rental for the Premises. If Tenant fails right to surrender hold-over in the Premises upon for more than one (1) six (6) month or shorter period beyond the Term Expiration Date or the expiration of this Lease despite 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawextended Term.

Holding Over. This Lease shall terminate without further notice upon the expiration Tenant will not be permitted to hold over possession of the Term, and any holding over by Tenant Premises 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 Tenant to remove the Term without the express written consent of Landlord, which consent Landlord may withhold in its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenantsole and absolute discretion. If Tenant holds over for any period after the Expiration Date (expiration or earlier termination) termination of the Term without the prior written consent of LandlordTerm, such possession shall constitute Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance only 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 continued occupancy by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms terms, covenants and conditions of this Lease, so far as applicable, except that the monthly Basic Monthly Base Rent for the first three (3) months of any such holdover period shall be equal to one hundred twenty-five percent (125%) of the greater of (a) Monthly Base Rent in effect under this Lease immediately prior to such holdover and one hundred fifty percent (150%) of the Basic Monthly Base Rent for the in affect under this Lease from and after such three (3) month immediately preceding the date period, prorated on a daily basis. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord's right of re-entry or (b) the fair market rental for the Premisesany rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant shall indemnify agrees to promptly indemnify, protect, defend and hold Landlord harmless from all loss or liabilityclaims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including reasonable attorneys' fees and costs), including, without limitation, any reasonable costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant relating to such founded on or resulting from Tenant's failure to surrendersurrender the Premises. Acceptance by Landlord The provisions of rent after this Subparagraph 11(b) will survive the expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon Tenant will not hold over in the expiration Premises after ------------ the end 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term term without the express prior written consent of Landlord. Tenant will indemnify Landlord for, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from from, any and all loss Liabilities arising out of or liabilityin connection with any holding over, including including, without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord and any loss of rent after suffered by Landlord. If, despite this express agreement, any tenancy is created by Tenant's holding over, except as specifically set forth in the termination shall not constitute next sentence the tenancy will be a consent tenancy at sufferance terminable immediately at Landlord's sole option on written notice to a holdover or result in a renewal Tenant, but otherwise subject to the terms of this Lease, except that the most recent annual base rent will be doubled, Tenant will have no rights to lease any additional space in the Project or extend the term, and notwithstanding anything to the contrary Landlord will incur no Liabilities of any type to Tenant or its Affiliates during any holdover period, all of such Liabilities hereby being waived by Tenant. The foregoing provisions Without limiting the generality of the foregoing, if Tenant holds over and if Landlord so elects by delivering specific written notice to Tenant during such holdover, Tenant automatically will be deemed to have leased the Premises for an additional term (not to exceed 6 months) beginning on the date that Landlord's notice is delivered and otherwise subject to the terms of this Section are Lease, except that the most recent annual base rent will be doubled, Tenant will have no rights to lease any additional space in addition the Project or extend the term, and notwithstanding anything to and do not affect the contrary Landlord will incur no Liabilities of any type to Tenant or its Affiliates during any holdover period, all of such liabilities hereby being waived by Tenant. Nothing in this Article or elsewhere in this Lease permits Tenant to hold over or in any way limits Landlord’s right of re-entry or any 's other rights of Landlord under this Lease or at lawand remedies if Tenant holds over.

Holding Over. This Lease shall terminate without further notice upon Tenant acknowledges that possession of the Premises must be surrendered to Landlord at the expiration or sooner termination of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension Term of this Lease. Tenant agrees to indemnify and save Landlord harmless against all costs, claims, loss or give liability resulting from delay by Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for surrendering the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liabilityincluding, including without limitation, any claims made by any succeeding tenant relating founded on such delay. The parties recognize and agree that the damage to such Landlord resulting from any failure by Tenant to surrendertimely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of the Monthly Rent and Additional Rent theretofore payable hereunder, and will be impossible to accurately measure. Acceptance by Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on the date of rent the expiration or sooner termination of the Term of this Lease, then Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the expiration or sooner termination of the Term of this Lease, without the express written consent and approval of Landlord, a sum equal to two times the aggregate of that portion of the Monthly Rental and Additional Rental which was payable under this Lease during the last month of the Term hereof. Nothing herein contained shall not constitute a consent be deemed to a holdover permit Tenant to retain possession of the Premises after the expiration or result in a renewal sooner termination of the Term of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right Paragraph shall survive the expiration or sooner termination of re-entry or any other rights the term of Landlord under this Lease or at lawLease.

Holding Over. This Lease shall terminate Should Tenant, without further notice upon the expiration of the TermLandlord’s written consent, and any holding hold over by Tenant after the expiration shall not constitute a renewal or extension termination of this Lease, or give Tenant any rights under this Leaseshall, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed at Landlord’s option, become either a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy tenant at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute or a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease tenant upon each and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms herein provided as may be applicable to such a tenancy and any such holding over shall not constitute an extension of this Lease. During such holding over, except that Tenant shall pay in advance, monthly, Basic Rental at a rate equal to 150% of the monthly Basic Rent rate in effect for the last month of the Term of this 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 any increase in Direct Costs. Nothing contained in this Article 5 shall be the greater of (a) one hundred fifty percent (150%) construed as consent by Landlord to any holding over of the Basic Rent for Premises by Tenant, and Landlord expressly reserves the month immediately preceding right to require Tenant to surrender possession of the date Premises to Landlord as provided in this Lease upon the expiration or earlier termination of termination or (b) the fair market rental for the PremisesTerm. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease despite demand to do so by LandlordLease, Tenant shall indemnify agrees to (i) indemnify, defend and hold Landlord harmless from all loss costs, loss, expense or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance and real estate brokers claims and attorney’s fees and costs, and (ii) compensate Landlord for all costs, losses, expenses and/or liabilities incurred by Landlord as a result of rent after such holdover, including without limitation, losses due to the termination shall not constitute loss of a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawsucceeding tenancy.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) termination of the Term without the prior written consent of LandlordTerm), such possession tenancy shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent rental shall be the greater of (a) one hundred fifty percent (150%) % of the Basic Rent total monthly rental for the month immediately preceding the date of termination or (b) termination. The acceptance by Landlord of monthly hold-over rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the fair market rental for the Premisesfull amount due unless otherwise agreed in writing by Landlord. If Tenant Xxxxxx fails to surrender the Premises upon the expiration of this Lease despite 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section 15.1 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law. 15.2. SURRENDER OF PREMISES; REMOVAL OF PROPERTY. Upon the Expiration Date or upon any earlier termination of this Lease, Tenant shall quit and surrender possession of the Premises to Landlord in as good order, condition and repair as when received or as hereafter may be improved by Landlord or Tenant, reasonable wear and tear and repairs which are Landlord’s obligation excepted, and shall remove or fund to Landlord the cost of removing all wallpapering, voice and/or data transmission cabling installed by or for Tenant and Required Removables, together with all personal property and debris, and shall perform all work required under Section 7.3 of this Lease. If Tenant shall fail to comply with the provisions of this Section 15.2, and remove any personal property within 10 days following the expiration or earlier termination of this Lease, such personal property shall be conclusively deemed to have been abandoned, then Landlord may effect the removal and/or make any repairs, without notice and without incurring any liability to Tenant, and the cost to Landlord shall be additional rent payable by Tenant upon demand. Tenant hereby waives all rights under and benefits of Section 1993.03 of the California Civil Code, or any similar or successor laws now or hereafter in effect and authorizes Landlord to dispose of any personal property remaining at the Premises following the expiration or earlier termination of this Lease without further notice to Tenant.

Holding Over. This Lease shall terminate without further 12.1 Tenant acknowledges that it is extremely important that Landlord have substantial advance notice upon of the date on which Tenant will vacate the Premises, because Landlord will (a) require an extensive period to locate a replacement tenant, and (b) plan its entire leasing and renovation program for the Building in-reliance on its lease expiration dates. Tenant also acknowledges that if Tenant fails to surrender the Premises at the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this the Lease required for Term, then it will be conclusively presumed that the value to Tenant to remove its property or to place of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Base Rent and additional rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant does not immediately surrender the Premises in upon 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 (expiration or earlier termination) termination of the Term without Lease Term, then the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Base Rent shall be the greater of (a) one hundred fifty increased to One Hundred Fifty percent (150%) of the Basic Rent for Base Rent, and additional rent and other sums that would have been payable pursuant to the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration provisions of this Lease despite demand shall continue to do so be paid by Tenant as if the Lease Term had continued during such holdover period. Such rent shall be computed on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises have been vacated. Landlord, Tenant 's acceptance of such rent shall indemnify not in any manner adversely affect Landlord's other rights and hold Landlord harmless from all loss or liabilityremedies, including without limitation, any claims made by any succeeding tenant relating Landlord's right to such failure evict Tenant and to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawrecover damages.

Holding Over. This Lease 3.5.1 Tenant shall terminate without further notice upon not hold over after the expiration Surrender Date and Landlord may exercise any and all remedies at law or in equity to recover possession of the TermPremises, and as well as any holding over damages incurred by Tenant after the expiration shall Landlord (but not constitute a renewal or extension of this Leaseconsequential damages, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, unless 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 holdover exceeds thirty (30) days following delivery of written notice of termination days), due to Tenant’s failure to vacate the Premises and deliver possession to Landlord as required by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease. If Tenant fails to surrender the Premises to Landlord on the Surrender Date in accordance with the provisions of Section 3.4 above, except that Tenant shall pay to Landlord, as use and occupancy for each month or fraction thereof during which Tenant continues to occupy the monthly Basic Rent shall be Premises after the greater Surrender Date (the “Continued Occupancy Period”), an amount of money (athe “Occupancy Payment”) equal to (1) one hundred fifty percent (150%) for the first thirty (30) days of the Basic Rent for Continued Occupancy Period, and (2) two hundred percent (200%) thereafter of the month immediately preceding the date sum of termination or (bi) the fair market rental monthly Base Rent plus (ii) one twelfth (1/12) of the annual Additional Rent during the last year of the term. Tenant shall make the Occupancy Payment, without notice or demand, on the first day of each and every month during the Continued Occupancy Period. The receipt and acceptance by Landlord of all or any portion of the Occupancy Payment shall not be deemed a waiver or acceptance by Landlord of Tenant’s breach of Tenant’s covenants and agreements under Section 3.4 or this Section 3.5, or a waiver by Landlord of Landlord’s right to institute any summary holdover proceedings against Tenant, or a waiver by Landlord of any other of Landlord’s rights or remedies against Tenant in such event as provided for in this Lease or under Law. 3.5.2 In addition to making all required Occupancy Payments, Tenant shall, in the Premises. If Tenant fails event of Tenant’s failure to surrender the Premises upon on the expiration Surrender Date in accordance with the provisions of this Lease despite demand to do so by LandlordSection 3.4 above, Tenant shall also indemnify and hold Landlord harmless from and against any and all loss or liabilityliability resulting from any delay by Tenant in so surrendering the Premises, including without limitation, any special damages or claims Landlord may suffer by reason of any claims made by any succeeding tenant relating to occupant founded on such failure to surrender. Acceptance delay (but not consequential damages, unless such holdover exceeds thirty (30) days), and any reasonable attorneys’ fees, disbursements and court costs incurred by Landlord in connection with all of rent after the termination shall not constitute a consent foregoing. 3.5.3 Tenant expressly waives, for itself and for any person claiming by, through or under Tenant, any rights which Tenant or any such persons may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules, and of any successor law of like import then in force, in connection with any summary holdover proceedings which Landlord may institute to a holdover or result in a renewal of this Lease. The foregoing enforce the provisions of this Article 3. 3.5.4 Tenant’s obligation to observe or perform each and every one of the covenants set forth in Section are in addition to 3.4 and do not affect Landlord’s right this Section 3.5 shall survive the expiration or other termination of re-entry or any other rights of Landlord under this Lease or at lawthe Term.

Holding Over. This Lease shall terminate without further notice upon Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration of the TermTerm or the termination of this Lease. If, and any holding over without consent by Tenant Landlord, Xxxxxx holds possession of the Premises for more than ten (10) days 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of LandlordLease, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; then such holding over with shall be without Landlord’s consent and if Landlord accepts Base Rent after the prior written consent expiration or earlier termination of Landlord this Lease, shall constitute be on the basis of a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms and conditions of this Lease, except that the monthly Basic Base Rent payable during such month-to-month tenancy shall be the greater of (a) one equal to two hundred fifty percent (150200%) of the Basic Base Rent in effect at the expiration of the Term of this Lease, prorated for an partial calendar months. Landlord and Tenant each shall have the right to terminate such month immediately preceding the date to month tenancy by giving at least thirty (30) days’ written notice of termination to the other at any time, in which event such tenancy shall terminate on the termination date set forth in such termination notice. Nothing contained herein shall be construed as consent by Landlord to any holding over by Xxxxxx. Tenant acknowledges that Landlord’s development plans require that Tenant and all subtenants vacate the Premises no later than the expiration of the Term or (b) the fair market rental for earlier termination of this Lease and that Landlord will be significantly damaged if Tenant or any subtenant fails to timely vacate the Premises. If Therefore, if the Term expires and Tenant or any subtenant holds over or otherwise fails to surrender possession of the Premises upon at the expiration end of the Term in the manner required under this Lease, in addition to all rights and remedies of Landlord provided for in this Lease despite demand to do so by Landlordor at law or equity, Tenant shall indemnify indemnify, protect, defend and hold Landlord entirely free and harmless from and against any and all loss or liabilitydamages, losses, claims, suits, actions, costs, expenses and liabilities (including without limitation, any claims made by any succeeding tenant relating attorneys’ fees and costs) arising from or attributable to such Tenant’s or subtenant’s failure to surrender. Acceptance by Landlord of rent after vacate the termination shall not constitute a consent Premises when due, including, without limitation, losses due to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to construction delays, carry costs and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawsimilar damages.

Holding Over. This Lease Sublease shall terminate without further notice upon on the Sublease Expiration Date (as set forth in Article 1). Any holding over by Subtenant after expiration of the Term, and any holding over by Tenant after the expiration Sublease Term shall not neither constitute a renewal or nor extension of this Lease, or Sublease nor give Tenant Subtenant any rights under in or to the Leased Premises except as expressly provided in this Lease, except when in writing signed by both partiesSection 18.2. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of to which Sublandlord and Head Landlord have consented to in writing shall constitute be construed to be a tenancy from month to month-to-month tenancy commencing , on the first (1st) day following the termination of this Lease same terms and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Leaseconditions herein specified insofar as applicable, except that the monthly Basic Base Monthly Rent shall be increased for the greater first two (2) months of (a) such holding over to an amount equal to one hundred fifty percent (150%) of the Basic Base Monthly Rent for payable during the last full month immediately preceding such holding over and thereafter the date of termination or (b) the fair market rental Base Monthly Rent shall be increased for the Premisesremainder of such holding over to an amount equal to two hundred percent (200%) of the Base Monthly Rent payable during the last full month immediately preceding such holding over. If Tenant Subtenant acknowledges and agrees that if Subtenant holds over without Sublandlord’s consent, such holding over may compromise or otherwise affect Sublandlord’s ability to recapture the Leased Premises for Sublandlord’s use, including, without limitation, entering into new leases with prospective subtenants regarding the Leased Premises due to be surrendered by Subtenant. Therefore, if Subtenant fails to surrender the Leased Premises upon within thirty (30) days of the expiration Sublease Expiration Date, then, in addition to the increased Base Monthly Rent and other amounts due under this Sublease accruing therefrom, Subtenant shall be liable for any claims for lost profits or other consequential damages of this Lease despite demand to do so by LandlordSublandlord resulting from Subtenant holding over in the Leased Premises or any portion thereof; and Subtenant shall protect, Tenant shall defend, indemnify and hold Landlord Sublandlord harmless from and against all loss or liabilityclaims resulting from such failure, including including, without limitationlimiting the foregoing, any claims made by Sublandlord or any succeeding tenant relating to subtenant founded upon such failure to surrender. Acceptance , and any losses suffered by Landlord of rent after the termination shall not constitute a consent Sublandlord, including lost profits, or consequential damages resulting from such failure to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawsurrender.

Holding Over. This Lease Subtenant shall terminate without further notice surrender possession of the Premises immediately upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date Sublease term or earlier termination of this Lease required for Tenant to remove its property or to place the Premises Sublease in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over accordance with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of the Master Lease. If Subtenant shall continue to occupy or possess the Premises after such expiration or termination without the consent of Sublandlord, then unless Sublandlord and Subtenant have otherwise agreed in writing, Subtenant shall be a tenant at sufferance and not a tenant from month-to-month. All the terms, provisions and conditions of this LeaseSublease shall apply to such tenancy at sufferance except those terms, except provisions and conditions pertaining to the Sublease term, provided that the monthly Basic Base Rent shall be immediately adjusted upward upon the greater expiration or termination of (a) this Sublease to one hundred fifty percent (150%) of the Basic monthly Base Rent for the Premises in effect under this Sublease during the month that includes the day immediately preceding prior to the date of the expiration or termination of this Sublease. Further, Subtenant shall indemnify, protect, defend with counsel reasonably acceptable to Sublandlord and hold harmless Sublandlord from and against any and all claims, liabilities, judgments, causes of action, damages, losses, costs and expenses (including reasonable attorneys' fees and experts' fees) caused by or (b) the fair market rental for the Premises. If Tenant fails arising in connection with Subtenant's failure to surrender possession of the Premises to Sublandlord upon the expiration of this Lease despite demand to do so the Sublease term and in the manner required 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Master Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Provided that Landlord has not executed a lease with a new tenant for all or any portion of the Premises, Tenant shall have the right, by providing at least ninety (90) days prior written notice to Landlord, to hold over for up to three (3) consecutive one (1) month periods following the expiration of the Lease. All of the rights and obligations of Landlord and Tenant herein shall remain the same during any such holdover period, except that the Basic Monthly Rental shall be equal to one hundred twenty-five percent (125%) of the Basic Monthly Rental that was in effect upon expiration of the Lease, and Landlord shall not be required to maintain or renew the environmental insurance policy described in Section 11.7 during any holdover period. If Landlord has executed a lease with a new tenant for all or a portion of the Premises, and Tenant does not immediately surrender possession of the Premises at the termination of this Lease, Tenant shall become a tenant at sufferance only, subject to all of the provisions of this Lease except that the rate of the Basic Monthly Rental shall terminate be 150% the Basic Monthly Rental applicable just prior to termination of this Lease, such rental to be payable in advance; but unless Landlord elects to accept such rental from Tenant, Landlord shall continue to be entitled to re-take possession of the Premises without further any prior notice to Tenant. If Tenant shall fail to surrender possession of the Premises immediately upon the expiration of the Term, Tenant hereby agrees that all of the obligations of Tenant and any holding over by Tenant after all rights of Landlord applicable during the expiration Term 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 be equally applicable during such period of time following the Expiration Date subsequent occupancy, whether or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute not a month-to-month tenancy commencing on the first (1st) day following the termination of shall have been created as provided in this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or paragraph. Tenant to the other . In either of such events, possession further agrees that it shall be subject liable for any damages suffered by Landlord by reason of Tenant’s failure to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for surrender the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease Should Tenant, without Landlord’s written consent, hold over after termination of this Lease, Tenant shall terminate without further notice upon the expiration of the Term, become a tenant at sufferance and any such holding over by Tenant after the expiration shall not constitute a renewal or an 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of pay Landlord, such possession shall constitute a tenancy at sufferance only monthly and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such eventsin advance, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic annual Rent for the month that was payable immediately preceding the date Expiration Date (without regard to any abatement or reduction of Rent or other alternative rent actually in effect at such time), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination or of this Lease, which percentage shall increase to two hundred percent (b200%) after the fair market rental first (1st) thirty (30) days of such holdover, together with all damages sustained by Landlord on account thereof and all other payments required to be made by Tenant hereunder. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates the Premises) and Landlord shall have the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession of the Premises as provided in this Lease upon the expiration or earlier termination of the Term. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease despite demand to do so by LandlordLease, Tenant shall indemnify agrees to indemnify, defend and hold harmless Landlord harmless from all loss costs, loss, expense or liability, including without limitation, any claims made by any succeeding tenant relating and real estate brokers’ claims and attorneys’ fees, provided that Tenant shall not be required to indemnify Landlord from losses or damages suffered as a result of or in connection with the loss of (or delay in occupancy or rent payment by, or other increased financial exposure or liability to) a replacement or successor tenant until the sooner of (i) thirty (30) days beyond the expiration or earlier termination of this Lease, or (ii) ten (10) business days after Landlord has given Tenant written notice of such failure to surrenderreplacement or successor tenant. Acceptance No acceptance by Landlord of rent after any Rent during or for any period following the expiration or termination of the Lease shall not constitute a consent to a holdover operate or result in a be construed as an extension or renewal of this the Lease. The foregoing provisions of this Section are Should Tenant remain in addition to and do not affect the Premises on a month-to-month basis with Landlord’s right of reprior and express written approval, such month-entry to-month tenancy may be cancelled by either party with thirty (30) days’ prior written notice or any other rights of Landlord under this Lease or at lawsuch lesser time period as may be permitted by Law.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding If Subtenant holds over by Tenant after the expiration or earlier termination of this Sublease with the express or implied consent of Sublandlord, such tenancy shall be from month-to-month only and shall not constitute a renewal hereof or an 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a further term. Such month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms and provisions of this LeaseSublease, except that Subtenant shall pay Base Rent and Additional Rent in an amount (on a per month basis without reduction for partial months during the monthly Basic Rent shall be the greater of (aholdover) one hundred fifty percent (equal to 150%) % of the Basic sum of the Base Rent and Additional Rent due for the month period immediately preceding the date holdover. Nothing contained in this Section 15 shall be construed as consent by Sublandlord to any holding over by Subtenant, and Sublandlord expressly reserves the right to recover immediate possession of termination the Subleased Premises by summary proceedings or (b) otherwise. In addition to the fair market rental for payment of the Premises. If Tenant fails amounts provided above, if Sublandlord is unable to surrender deliver possession of the Subleased Premises upon the expiration of this Lease despite demand to do so by a new subtenant or to Landlord, Tenant as the case may be, or to perform improvements for a new subtenant, as a result of Subtenant’s holdover, Subtenant shall indemnify and hold Landlord harmless from be liable to Sublandlord for all loss or liabilitydamages, including including, without limitation, any claims made by any succeeding tenant relating to consequential damages, that Sublandlord suffers from the holdover; Subtenant expressly acknowledges that such failure to surrender. Acceptance damages may include all of the holdover rent charged by Landlord under the Master Lease as a result of Subtenant’s holdover, which Master Lease holdover rent after may apply to the termination shall not constitute a consent to a holdover entire Master Lease Premises. Notwithstanding any other term or result in a renewal provision of this Lease. The foregoing provisions Sublease, if the Term expires on the Expiration Date (as opposed to an early termination for any reason), Subtenant shall be entitled to hold over, without any payment of this Section are in addition to Base Rent and do not affect Landlord’s right Additional Rent, solely for the purpose of re-entry or performing any other rights repair/restoration obligations of Landlord Subtenant under this Lease or at lawSublease, so long as (x) Subtenant’s work of repair/restoration does not interfere with Sublandlord’s restoration work, if any, which is concurrently being performed in the Building and (y) in no event will Subtenant have any right to remain in the Subleased Premises for any reason whatsoever following the date which precedes the date of expiration of the term of the Master Lease.

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant (directly or through any Transferee or other successor-in-interest of Tenant) remains in possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension termination 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) Tenant’s continued possession shall be deemed a holding over by Tenant. If Tenant holds over for any period after on the Expiration Date (or earlier termination) basis of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at the sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other Landlord. In either of such eventsevent, possession Tenant shall be subject continue to comply with or perform all of the terms and obligations of Tenant under this Lease, except that the monthly Basic Base Rent during the first two month’s of Tenant’s holding over shall be one and one half (1.5) times the greater of (a) one hundred fifty percent (150%) of Base Rent payable in the Basic last full month prior to the termination hereof, and thereafter the monthly Base Rent for during the Tenant’s holding over shall be twice the Base Rent payable in the last full month immediately preceding prior to the date of termination or (b) the fair market rental for the Premiseshereof. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify indemnify, defend and hold Landlord harmless from and against all loss Claims arising or liabilityresulting directly or indirectly from Tenant’s failure to timely surrender the Premises, including without limitation(i) any rent payable by or any loss, any claims made cost, or damages claimed by any succeeding prospective tenant relating of the Premises, and (ii) Landlord’s damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of the Premises by reason of such failure to surrender. Acceptance timely surrender the Premises, provided, however, in order for Tenant to be liable to Landlord hereunder for any Claims for consequential damages made by Landlord or a third party, including a prospective tenant or purchaser of rent after the termination shall not constitute a consent Premises or Building, Landlord must have given Tenant at least thirty (30) days written notice prior to a holdover the accrual of such damages advising Tenant in good faith that Landlord intends to lease, license, sell, transfer or result in a renewal of this Lease. The foregoing provisions of this Section are in addition convey the Premises to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawsuch third party.

Holding Over. This Lease shall terminate without further 22.1 Tenant acknowledges that it is extremely important that Landlord have substantial advance notice upon of the date on which Tenant will vacate the Premises, because Landlord will re-quire an extensive period to locate a replacement tenant and because Landlord plans its entire leasing and renovation program for the Building in reliance on its lease expiration dates. Tenant also acknowledges that if Tenant fails to surrender the Premises or any portion thereof at the expiration 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 the Lease required for Term, then it will be conclusively presumed that the value to Tenant to remove its property of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Base Rent and additional rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant (or to place anyone claiming through Tenant) does not immediately surrender the Premises in or any portion thereof upon the condition required pursuant to Section 15.3 (expiration or for Landlord to do so if earlier termination of the Lease Term, then the rent payable by Tenant fails to do so) hereunder shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant increased to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be equal the greater of (a1) fair market rent for the entire Premises, or (2) one hundred fifty percent (150%) of the Basic Rent for Base Rent, additional rent and other sums that would have been payable pursuant to the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration provisions of this Lease despite demand to do so by Landlord, Tenant if the Lease Term had continued during such holdover period. Such rent 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. Acceptance be computed by Landlord and paid by Tenant on a monthly basis and shall be payable on the first day of rent after such holdover period and the termination shall not constitute a consent to a first day of each calendar month thereafter during such holdover or result in a renewal period until the Premises have been vacated. Notwithstanding any other provision of this Lease. The foregoing provisions , Landlord's acceptance of this Section are such rent shall not in addition to and do not any manner adversely affect Landlord’s right of re-entry or any 's other rights and remedies, including Landlord's right to evict Tenant and to recover all damages. Any such holdover shall be deemed to be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month. In no event shall any holdover be deemed a permitted extension or renewal of Landlord under this the Lease Term, and nothing contained herein shall be construed to constitute Landlord's consent to any holdover or at lawto give Tenant any right with respect thereto.

Holding Over. This Lease shall terminate without further notice upon the If Tenant holds over after 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession Tenant shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with pay as rent for the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) Leased Premises one hundred fifty percent (150%) the amount of Rent (including all Base Rental and Additional Rental then payable as described in Section 2.1) for the entire holdover period calculated and prorated on a daily basis. No holding over by Tenant after the Term shall be construed to extend this Lease. In the event of any unauthorized holding over by Tenant that continues for more than thirty (30) days, Tenant shall, in addition to the payment of holdover rent, indemnify Landlord (i) against all claims for damages by any other tenant to whom Landlord may have leased all or any part of the Basic Rent Leased Premises effective upon the termination of this Lease, and (ii) for all other losses, costs, and expenses, including reasonable attorneys' fees, incurred by reason of such holding over. Any holding over with the written consent of Landlord in writing shall thereafter constitute a lease from month immediately preceding to month. Notwithstanding the date foregoing, the obligation of termination or Tenant to pay rent during any holdover period shall apply only with respect to the floors on which Tenant actually holds over provided that, for purposes of Tenant's obligation to pay such rent, Tenant shall be deemed (a) to occupy all of the Leased Premises on a floor if Tenant occupies any portion of such floor and (b) to occupy all floors within the fair market rental for Leased Premises leased to a new tenant if Tenant occupies any portion of the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite 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 space leased to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawnew tenant.

Holding Over. This Lease Tenant shall terminate without further notice upon pay Landlord double the fair rental value of the Premises, as determined by Landlord (but in no event less than double the Adjusted Monthly Base Rent then applicable under this Lease) for each month or partial month during which Tenant retains possession of the Premises, or any part of the Premises, after the expiration or termination of the Term, and this Lease. Tenant shall be liable to Landlord for all reasonably foreseeable damages which Landlord shall suffer by reason of any holding over by Tenant after without Landlord's written consent and Tenant shall indemnify Landlord against all reasonably foreseeable claims made by any other tenant or prospective tenant against Landlord resulting from delay by Landlord in delivering possession of the expiration shall not constitute a renewal or extension of this LeasePremises, or give Tenant any rights under this Leasepart thereof, except when in writing signed by both parties. Any period of time following the Expiration Date to such other tenant or earlier termination of this Lease required for Tenant prospective tenant, due to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a such holding over by Tenant. The provisions of this Article shall not constitute a waiver by Landlord or any re-entry rights of Landlord available under this Lease or by law. If Tenant holds over retains possession of the Premises, or any part of the Premises, for any period 30 days after the Expiration Date (expiration or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating Lease, then Landlord, at Landlord's election expressed in written notice to Tenant. given within thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon after the expiration of the aforesaid 30-day period (but in any event prior to the vacation of the Premises by Tenant), may, in addition to all other rights and remedies available to Landlord under this Lease despite 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 Lease. constitute such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in holding over as a renewal of this Lease for a period of one year on the same provisions as are set forth in this Lease. The foregoing provisions , but for a Monthly Base Rent equal to the then fair monthly base rental value of this Section are the Premises, as determined by Landlord (but in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord no event less than the Adjusted Monthly Base Rent then payable by Tenant under this Lease or at lawLease).

Holding Over. This Lease shall terminate without further notice upon Should Tenant or any of its successors in interest ------------ continue to hold the expiration of the Term, and any holding over by Tenant Prime Premises after the expiration shall not constitute a renewal or extension termination of this Lease, or give Tenant any rights under this Lease, except when in writing signed whether such termination occurs by both parties. Any period lapse of time following or otherwise, with Landlord's acquiescence, and without any distinct agreement between the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a parties, such holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute and be construed as a tenancy at sufferance only at a monthly rental equal to one and an Event one-fourth (1 1/4) times time monthly rental (including Base Monthly Rental and any adjusted and Additional Rent) provided herein at the time of Default under this Leasesuch termination, if Landlord elects to accept such rent. During such time as Tenant shall continue to hold the Prime Premises after the termination hereof, Tenant shall be regarded as a tenant at sufferance and not a tenant at will; such holding over with subject, however, to all the prior written consent of Landlord shall constitute a month-to-month tenancy commencing terms, provisions, covenants and agreements on the first (1st) day following part of Tenant hereunder. No payments of money by Tenant to Landlord after the termination of this Lease shall reinstate, continue, renew or extend the Term and terminating no extension of this Lease after the termination hereof shall be valid unless and until the same shall be reduced to writing and signed by both Landlord and Tenant. Tenant shall be liable to Landlord for all damage which Landlord shall suffer by reason of Tenant's holding over and Tenant shall indemnify, defend and hold Landlord harmless against all claims made by any other tenant or prospective tenant against Landlord resulting from delay by Landlord in delivering possession of the Prime Premises to such other tenant or prospective tenant. If Landlord accepts rent pursuant to this paragraph, Landlord shall always have the right to terminate Tenant's possession under this paragraph upon thirty (30) days following delivery of prior written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawTenant.

Holding Over. This Lease Tenant shall terminate without further notice upon have no right to Holdover. If Tenant does not surrender and vacate the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension Premises at Expiration Date 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy tenant at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except parties having agreed that the monthly Basic Base Rent shall be the greater at a daily rate of (a) one hundred fifty percent (150%) of the Basic Base Rent for the last month immediately preceding of the Term. In connection with the foregoing, Landlord and Tenant agree that the reasonable rental value of the Premises following the Expiration Date of the Lease shall be the amounts set forth above per month. Landlord and Tenant acknowledge and agree that, under the circumstances existing as of the date of termination or (b) this Lease, it is impracticable and/or extremely difficult to ascertain the fair market reasonable rental for value of the Premises on the Expiration Date and that the reasonable rental value established herein is a reasonable estimate of the damage that Landlord would suffer as the result of the failure of Tenant to timely surrender possession of the Premises. If The parties acknowledge that the liquidated damages established herein is not intended as a forfeiture or penalty within the meaning of California Civil Code sections 3275 or 3369, but is intended to constitute liquidated damages to Landlord pursuant to California Civil Code sections 1671, 1676, and 1677. Notwithstanding the foregoing, and in addition to all other rights and remedies on the part of Landlord if Tenant fails to surrender the Premises upon the termination or expiration of this Lease despite demand Lease, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall indemnify indemnify, defend and hold Landlord harmless from all loss or liabilityclaims resulting from such failure, including including, without limitation, any claims made by any succeeding tenant relating to third parties based on such failure to surrender. Acceptance by surrender and any lost profits to Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawresulting therefrom.

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant (directly or through any successor-in-interest of Tenant) remains in possession of all or any portion of the Term, and any holding over by Tenant Premises 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such Tenant's continued possession shall constitute be on the basis of a tenancy at the sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other Landlord. In either of such eventsevent, possession Tenant shall be subject continue to comply with or perform all of the terms and obligations of Tenant under this Lease, except that the monthly Basic Monthly Base Rent during Tenant's holding over shall be the greater of the then-fair market rent for the Premises (aas reasonably determined by Landlord) or one hundred fifty twenty-five percent (150125%) of the Basic Monthly Base Rent for payable in the last full month immediately preceding prior to the date of termination or hereof (band shall be increased in accordance with Subparagraph 4(b) the fair market rental for the Premises[Adjustments in Base Rent]). If Tenant fails In addition to surrender the Premises upon the expiration of this Lease despite demand to do so by LandlordRent, Tenant shall indemnify and hold pay Landlord harmless from for all loss or liability, including without limitation, any claims made damages proximately caused by any succeeding tenant relating to reason of the Tenant's retention of possession. Landlord's acceptance of Rent after such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of , and nothing contained in this Section are in addition provision shall be deemed to and do not affect waive Landlord’s 's right of re-entry or any other rights of Landlord under this Lease right hereunder or at law. Tenant acknowledges that, in Landlord's marketing and re-leasing efforts for the Premises, Landlord is relying on Tenant's vacation of the Premises on the Expiration Date. Accordingly, Tenant shall indemnify, defend and hold Landlord harmless from and against all claims, liabilities, losses, costs, expenses and damages arising or resulting directly or indirectly from Tenant's failure to timely surrender the Premises, including (i) any loss, cost or damages suffered by, any prospective tenant of all or any part of the Premises, and (ii) Landlord's damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of all or any portion of the Premises by reason of such failure of Tenant to timely surrender the Premises.

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant retains possession of the Term, and Premises or any holding over by Tenant part thereof after the expiration shall not constitute a renewal or extension termination of this the Lease, or give and Tenant any rights under this Leasedoes not provide the Holdover Notice, except when in writing signed as provided below, by both parties. Any period lapse of time following or otherwise or after the Expiration Date or earlier termination of this Lease required for Tenant’s right of possession, Tenant shall pay to remove its property or Landlord as Rent during such holdover period an amount equal to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for on a per diem basis (the month immediately preceding “Holdover Rent”). In addition to and without limiting any other rights and remedies which Landlord may have on account of such holding over by Tenant, Tenant shall indemnify, defend (by counsel selected by Landlord) and hold harmless Landlord from and against any and all direct (but not consequential) damages suffered by Landlord on account of the date holding over by Tenant beyond any timely elected Holdover Period (as defined below) by Xxxxxx, including any damages and claims by tenants entitled to possession of termination or (b) the fair market rental for the Premises. If No occupancy by Tenant fails to surrender the Premises upon after the expiration or other termination of this Lease despite demand shall be construed 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. Acceptance by Landlord of rent after extend the termination shall not constitute a consent to a holdover or result in a renewal of this LeaseTerm. The foregoing provisions of this Section are in addition 11 shall not be deemed to and do not affect Landlord’s right limit or constitute a waiver of re-entry any rights or any other rights remedies of Landlord as provided herein or at law or equity. Provided Tenant is not in Default under this Lease or at lawLease, Tenant shall have one (1) option to extend the Term for up to three (3) additional calendar months after the end of the Term (the “Holdover Period”) by providing written notice to Landlord (the “Holdover Notice”), which Holdover Notice shall be given not later than six (6) months prior to the expiration of the Term (as the same may be extended), TIME BEING OF THE ESSENCE. In such event, the Holdover Rent shall not apply for the Holdover Period. Tenant shall have the right to terminate any Holdover Period upon thirty (30) days’ prior written notice to Landlord.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term shall, without the prior written consent of Landlord, such hold over and not yield up immediate possession shall constitute a tenancy of the Premises after the expiration or sooner termination of the Lease Term, then Landlord may, at sufferance only and an Event of Default under this Lease; its option, serve written notice upon Tenant that such holding over with constitutes any one of the prior written consent following: (i) creation of Landlord shall constitute a month-to-month tenancy, or (ii) creation of a tenancy commencing at sufferance: in any case, upon the terms and conditions set forth in this Lease except that the monthly Rent (or daily Rent under (ii) above) 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 hundred twenty-five percent (125%) of the sum of the Rent plus Additional Rent owed monthly to Landlord under this Lease immediately prior to such expiration or termination (pro rated in the case of (ii) above on the first basis of a three hundred sixty (1st360) day following year for each day Tenant remains in possession in the termination same manner as provided in the Lease for the payment of this Lease Rent and terminating Additional Rent if no such notice is served, then a tenancy at sufferance be deemed created. In the case of a holdover which has been consented to by Landlord, unless otherwise agreed to in writing by Landlord and Tenant, Tenant shall give to Landlord thirty (30) days following delivery of prior written notice of termination by either Landlord or any intention to quit the Premises, and Tenant to the other . In either of such events, possession shall be subject entitled to all of thirty (30) days prior written notice to quit the terms of this LeasePremises, except that in the monthly Basic event of non-payment of Rent or Additional Rent when due or the breach of any other covenant or the existence of a default. Tenant shall be the greater liable to Landlord for all damages which Landlord suffers because of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so any holding over by LandlordTenant, and Tenant shall indemnify indemnify, defend and hold Landlord harmless from all loss or liabilityand against claims (including actual and opportunity costs and attorney fees and costs) resulting from Tenant’s retention of possession, including without limitation, any claims made by claim from any succeeding tenant relating to such failure to surrenderor prospective tenant against Landlord. Acceptance by Landlord The provisions of rent after the termination this section shall not constitute a consent to a holdover or result in a renewal waiver by Landlord of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s any right of re-entry as provided in this Lease nor shall receipt of any Rent or Additional Rent or any other rights apparent affirmance of Landlord under the tenancy operate as a waiver of Landlord’s right to terminate this Lease for a breach of any terms, covenants, or at lawobligations contained in this Lease on Tenant’s part to be performed.

Holding Over. This Lease shall terminate without further Tenant acknowledges that it is extremely important that landlord have substantial advance notice of the date which tenant will vacate the premises, because landlord will (a) require an extended period to locate a replacement tenant, and (b) plan its leasing and renovation program for the premises in reliance on its lease expiration dates. Therefore, if tenant (or anyone claiming through tenant) does not immediately surrender the premises or any portion thereof upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant the lease term, then the rent shall be increased to remove its property or equal to place One Hundred Fifty (150%) per cent of the Premises in the condition required rent, additional rent and other sums that would have been payable pursuant to Section 15.3 (or the provisions of this lease if the lease term had continued for Landlord such holdover period. Such rent shall be computed by landlord on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the premises have been vacated. Notwithstanding any other provision of this lease, landlord's acceptance of such rent shall not in any manner adversely affect landlord's other rights and remedies, including landlord's right to do so if Tenant fails evict tenant and to do so) recover all damages. Any holdover shall be deemed to be a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute tenancy-at-sufferance and not a tenancy at sufferance only and an Event from month-to-month; provided, however, that landlord may, in addition to its other remedies, elect, in its sole discretion, to treat such holdover as the creation of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other with tenant. In either no event shall any holdover be deemed a permitted extension or renewal of such eventsthe lease term, possession and nothing contained herein shall be subject construed to constitute landlord's consent to any holdover or to give tenant any right with respect thereto. Except as otherwise specifically provided in this article XXV, all of the terms of this Lease, except that lease shall remain in full force and effect during the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawperiod.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding If Subtenant holds over by Tenant after the expiration or earlier termination of this Sublease with the express or implied consent of Sublandlord, such tenancy shall be from month-to-month only and shall not constitute a renewal hereof or an 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a further term. Such month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms and provisions of this LeaseSublease, except that Subtenant shall pay Base Rent and Additional Rent in an amount (on a per month basis without reduction for partial months during the monthly Basic Rent shall be holdover) equal to 150% of the greater of of: (a1) one hundred fifty percent (150%) the sum of the Basic Base Rent and Additional Rent due for the month period immediately preceding the date of termination holdover; or (b2) the fair market gross rental for the PremisesSubleased Premises as reasonably determined by Sublandlord. If Tenant fails Nothing contained in this Section 16 shall be construed as consent by Sublandlord to surrender any holding over by Subtenant, and Sublandlord expressly reserves the right to recover immediate possession of the Subleased Premises upon by summary proceedings or otherwise. In addition to the expiration payment of this Lease despite demand the amounts provided above, if Sublandlord is unable to do so by deliver possession of the Subleased Premises to a new subtenant or to Landlord, Tenant as the case may be, or to perform improvements for a new subtenant, as a result of Subtenant’s holdover, Subtenant shall indemnify and hold Landlord harmless from be liable to Sublandlord for all loss or liabilitydamages, including including, without limitation, any claims made by any succeeding tenant relating to consequential damages, that Sublandlord suffers from the holdover; Subtenant expressly acknowledges that such failure to surrender. Acceptance damages may include all of the holdover rent charged by Landlord under the Master Lease as a result of Subtenant’s holdover, which Master Lease holdover rent after may apply to the termination shall not constitute a consent to a holdover entire Master Lease Premises. Notwithstanding any other term or result in a renewal provision of this Lease. The foregoing provisions Sublease, if the Term expires on the Expiration Date (as opposed to an early termination for any reason), Subtenant shall be entitled to hold over, without any payment of this Section are in addition to Base Rent and do not affect Landlord’s right Additional Rent, solely for the purpose of re-entry or performing any other rights repair/restoration obligations of Landlord Subtenant under this Lease or at lawSublease, so long as (x) Subtenant’s work of repair/restoration does not interfere with Sublandlord’s restoration work, if any, which is concurrently being performed in the Building and (y) in no event will Subtenant have any right to remain in the Subleased Premises for any reason whatsoever following the date which precedes the date of expiration of the term of the Master Lease.

Holding Over. This Lease shall terminate Should Tenant, without further notice upon the expiration of the TermLandlord's written consent, and any holding hold over by Tenant after the expiration shall not constitute a renewal or extension termination of this Lease, or give Tenant any rights under this Leaseshall, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed at Landlord's option, become either a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy tenant at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute or a month-to-month tenant upon each and all of the terms herein provided as may be applicable to such a tenancy commencing on and any such holding over shall not constitute an extension of this Lease. During such holding over, Tenant shall pay in advance, monthly, Basic Rental at a rate equal to one hundred twenty five percent (125%) for the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either month of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) holdover and one hundred fifty percent (150%) for each month thereafter of the Basic Rent rate in effect for the last month immediately preceding of the date Term of this 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. Nothing contained in this Article 5 shall be construed as consent by Landlord to any holding over of the Premises by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or earlier termination or (b) of the fair market rental for the PremisesTerm. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease despite demand to do so by LandlordLease, Tenant shall indemnify agrees to (i) indemnify, defend and hold Landlord harmless from all loss costs, loss, expense or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance and real estate brokers claims and attorney's fees and costs, and (ii) compensate Landlord for all costs, losses, expenses and/or liabilities incurred by Landlord as a result of rent after such holdover, including without limitation, losses due to the termination shall not constitute loss of a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawsucceeding tenancy.

Holding Over. This Lease Subtenant shall terminate without further notice upon have no right to occupy the PBOS ------------ Licensed/Subleased Area or any portion thereof after the expiration of this Sublease or after termination of this Sublease or Subtenant's right to possession in consequence of a Subtenant Event of Default. If Subtenant or any party claiming by, through or under Subtenant holds over, Sublandlord may exercise any and all remedies available to it at law or in equity to recover possession of the TermPBOS Licensed/Subleased Area and to recover damages, including without limitation, damages payable by Sublandlord to Prime Landlord by reason of such holdover. For each and every month or partial month that Subtenant or any holding over by Tenant party claiming by, through or under Subtenant remains in occupancy of all or any portion of the PBOS Licensed/Subleased Area after the expiration shall not constitute a renewal or extension of this Lease, Sublease 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 after termination of this Sublease or Subtenant's right to possession, Subtenant shall pay, as minimum damages and not as a penalty, monthly rental at a rate equal to double the rate of Minimum Rent and all additional rent payable by Sublandlord to Prime Landlord under the Prime Lease required for Tenant immediately prior to remove its property the expiration or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the other termination of this Lease and terminating thirty (30) days following delivery Sublease or of written notice Subtenant's right to possession. The acceptance by Sublandlord of termination by either Landlord or Tenant to the other . In either of such events, possession any lesser sum shall be subject to all construed as payment on account and not in satisfaction of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent damages for the month immediately preceding the date of termination or (b) the fair market rental for the Premisessuch holding over. If Tenant Subtenant fails to surrender the Premises PBOS Licensed/Subleased Area upon the expiration or termination of this Lease despite demand to do so by LandlordSublease, Tenant Subtenant shall indemnify indemnify, defend and hold Landlord harmless Sublandlord from all loss costs, loss, expense or liability, including without limitation, any claims made by Prime Landlord, claims made by any succeeding tenant relating to such failure to surrenderand real estate brokers' claims and attorneys' fees. Acceptance No acceptance by Landlord Sublandlord of rent after any Rent during or for any period following the expiration or termination of this Sublease shall not constitute a consent to a holdover operate or result in a be construed as an extension or renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawSublease.

Holding Over. This Lease In the event that Tenant shall terminate without further notice not immediately surrender possession of the leased premises at the termination of this Lease, Tenant shall become a tenant from month to month only if rent is paid to and accepted by Landlord in advance at the rate of 110% of the rental payable hereunder just prior to the termination of this Lease. Unless and until Landlord accepts such rental from Tenant, Landlord shall be entitled to retake or recover possession of the leased premises as provided in case of default on the part of Tenant and Tenant shall be liable to Landlord for any loss or damage it may sustain by reason of Tenant's failure to surrender possession of the leased premises immediately upon the expiration of the Termterm of this Lease, and any or, if applicable, the last properly exercised extended term hereof as provided in Paragraph 29. No holding over by Tenant after shall operate to renew or extend this Lease, other than as provided in Paragraph 29, without the expiration shall not constitute a written consent of Landlord to such renewal or extension having been first obtained. If Tenant shall fail to surrender possession of the leased premises immediately upon such term expiration, Tenant hereby agrees that all obligations, including those for rent, of Tenant and all rights of Landlord applicable during the term of this Lease shall be equally applicable during such period of subsequent occupancy whether or not the month to month tenancy shall have been created as aforesaid. For purposes 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) to have not surrendered possession of the Term without leased premises if Tenant has failed to cancel, terminate, assign, or transfer any of the prior written consent utility services as provided in Paragraph 4 hereof, and if any utility service company fails or refuses to accept the power 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 attorney of Landlord shall constitute a month-set forth in Paragraph 4, or if Tenant exercises or refuses to release any other control or authority over, or with regard to-month tenancy commencing , the leased premises regardless of whether or not Tenant is in physical possession of the leased premises including, but not limited to, failure to return keys, failure to remove personal property from the leased premises, or failure to cancel telephone service to the leased premises or to the improvements on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawleased premises.

Holding Over. This Lease shall terminate without further 22.1 Tenant acknowledges that it is extremely important that Landlord have substantial advance notice upon of the date on which Tenant will vacate the Premises, both because Landlord will require an extensive period to locate a replacement tenant and because Landlord will plan its entire leasing and renovation program for the Building in reliance on the expiration dates of this Lease and other leases. Tenant also acknowledges that if Tenant fails to surrender the Term, and any holding over by Tenant after premises at 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 the Lease required for Term, it will be conclusively presumed that the value to Tenant to remove its property or to place of remaining in possession of the Premises, and the loss that will be suffered by Landlord as a result thereof, far exceed the amount of the Annual Base Rent and additional rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant shall not immediately surrender the Premises in on the condition required pursuant to Section 15.3 (date of the expiration or for Landlord to do so if earlier termination of the Lease Term, the rent payable by Tenant fails to do so) hereunder shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant increased to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be equal the greater of (a) fair market rent for the Premises, or (b) one hundred and fifty percent (150%) of the Basic Rent for Annual Base Rent, additional rent, and other sums that would have been payable pursuant to the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration terms of this Lease despite demand to do so if the Lease Term had continued during such holdover period. Such rent shall be computed by Landlord on a monthly basis and shall be payable by Tenant on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises have been vacated by Tenant. Landlord, 's acceptance of such rent from Tenant shall indemnify and hold Landlord harmless from all loss not in any manner impair or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not adversely affect Landlord’s right of re-entry or any 's other rights of Landlord under and remedies hereunder, including, but not limited to, (i) Landlord's right to evict Tenant from the Premises, and (ii) Landlord's right to recover damages pursuant to this Lease and such other damages as are available to Landlord at law or at lawin equity.

Holding Over. This Lease shall terminate without further notice upon If Tenant holds over after the expiration of the TermLease Term or earlier termination thereof, such tenancy shall be a tenancy‑at‑sufferance, and any holding over by Tenant after the expiration shall not constitute a renewal hereof or an 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlordfurther term, and in such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the case monthly Basic Base Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic then current monthly Base Rent, plus the other amounts of Rent as specified herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. If Tenant holds over without Landlord's express written consent, and tenders payment of rent for any period beyond the expiration of the Lease Term by way of check (whether directly to Landlord, its agents, or to a lock box) or wire transfer, Tenant acknowledges and agrees that the cashing of such check or acceptance of such wire shall be considered inadvertent and not be construed as creating a month-to-month immediately preceding the date tenancy, provided Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. The provisions of termination this Article 16 shall not be deemed to limit or (b) the fair market rental for the Premisesconstitute 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 despite demand Lease, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityloss, costs (including reasonable attorneys' fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, any claims made by any succeeding tenant relating to founded upon such failure to surrendersurrender and any lost rents to Landlord resulting therefrom. Acceptance by Landlord Tenant agrees that any proceedings necessary to recover possession of rent the Premises, whether before or after expiration of the termination Lease Term, shall not constitute a consent be considered an action to a holdover or result in a renewal enforce the terms of this Lease. The foregoing provisions Lease for purposes of this Section are the awarding of any attorney’s fees in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawconnection therewith.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination termination, or (b) the fair market 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 the Premisesany holdover by Tenant, unless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon In the expiration event Tenant or any party under Tenant claiming rights to this Lease, retains possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this Lease, such possession shall constitute and be construed as a tenancy at will only, subject, however, to all of the terms, provisions, covenants and agreements on the part of Tenant hereunder; such parties shall be subject to immediate eviction and removal and Tenant or give any such party shall pay Landlord as rent for the period of such holdover an amount equal to one and one-half (I - 1/2) times the Basic Annual Rent and Additional Rent (as hereinafter defined) in effect immediately preceding expiration or termination, as applicable, prorated on a daily basis. Tenant shall also pay any rights under and all damages sustained by Landlord as a result of such holdover provided Landlord has notified Tenant, 30 days prior, of the potential damages that Landlord will incur. The rent during such holdover period shall be payable to Landlord from time to time on demand; provided, however, if no demand is made during a particular month, holdover rent accruing during such month shall be paid in accordance with the provisions of Article 2. Tenant will vacate the Premises and deliver same to Landlord within 15 days of Tenant's receipt of notice from Landlord to so vacate. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend the term of this Lease, except when in writing signed ; no payments of money by both parties. Any period of time following Tenant to Landlord after the Expiration Date expiration or earlier termination of this Lease required for Tenant to remove its property shall reinstate, continue or to place extend 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) term of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination and no extension of this Lease and terminating thirty (30) days following delivery of written notice of after the expiration or earlier termination by either Landlord or Tenant to the other . In either of such events, possession thereof shall be subject to all of valid unless and until the terms of this Lease, except that the monthly Basic Rent same shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails reduced to surrender the Premises upon the expiration of this Lease despite demand to do so writing and signed by Landlordboth Landlord and, 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawTenant.

Holding Over. This A. Tenant agrees that it will not occupy or retain or allow occupancy or retention by any subtenant of possession of the Leased Premises at any time after the Termination Date. If Tenant fails to vacate the Leased Premises and deliver Landlord possession of the Leased Premises in the Required Condition on the Termination Date, Landlord shall have the benefit of all provisions of law respecting the speedy recovery of possession of the Leased Premises (whether by summary proceedings or otherwise). In addition to and not in limitation of the foregoing, occupancy subsequent to the Termination Date (“Holdover Occupancy”) shall be a tenancy at sufferance. Holdover Occupancy shall be subject to all terms, covenants, and conditions of this Lease (including those requiring payment of Additional Rent), except that the Minimum Rent for each day that Tenant holds over (“Holdover Minimum Rent”) shall terminate be equal to one and one-half (1-1/2) times the per diem Minimum Rent payable in the last Lease Year for the first sixty (60) days and two (2) times the per diem Minimum Rent payable in the last Lease Year thereafter, and any right or option to extend or renew the Lease or to lease any other space or premises in the Building or Project shall be void and of no effect. B. Subject to the terms hereof, Landlord shall also be entitled to recover all damages, including lost business opportunity regarding any prospective tenant(s) for the Leased Premises, suffered by Landlord as a result of Tenant’s Holdover Occupancy. Tenant acknowledges and agrees that Landlord may undertake a renovation or redevelopment of the Leased Premises or Building and/or lease the Leased Premises (in whole or in part) to another tenant immediately after the Termination Date and that any breach or other violation of the provisions of this Section 3.03 may result in material damages to Landlord (including without limitation, any damages to Landlord in connection with renovation or redevelopment activities or its reletting of the Leased Premises or any part thereof). Further, Tenant agrees to indemnify, hold harmless and defend Landlord for, from and against any and all claims, causes of action, suits, proceedings, demands, damages, losses (including, without limitation, lost rentals and lost business opportunities), liabilities, expenses and costs (including, without limitation, reasonable experts’, consultants’, attorneys’ and court fees and costs) suffered or incurred by Landlord as a result of Tenant’s Holdover Occupancy. Notwithstanding the foregoing, Landlord’s right to recover any damages under this Subsection B and Tenant’s indemnification obligations hereunder shall not be effective unless Landlord delivers Notice (the “Damage Notice”) to Tenant that Landlord will incur damages if Tenant shall extend its occupancy beyond the Termination Date, which Damage Notice shall reasonably identify the damages that Landlord expects to incur (provided, however, such estimate shall not be binding on Landlord), and provided, further notice upon than any Damage Notice will be delivered at least sixty (60) days prior to the expiration of the Term, and any holding over by if it is not delivered prior to such sixty (60) day period, then Tenant will have sixty (60) days after the expiration shall not constitute a renewal or extension delivery of this Lease, or give any Damage Notice before Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall will be deemed a holding over by Tenant. If Tenant holds over liable for any period after damages described in a Damage Notice. For the Expiration Date (sake of clarity, nothing in this Subparagraph B shall limit Tenant’s obligation to pay any Holdover Minimum Rent during any Holdover Occupancy or earlier termination) of the Term without the prior written constitute Landlord’s consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other any Holdover Occupancy. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately The preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify indemnification and hold Landlord harmless from all loss or liability, including without limitation, shall survive the Termination Date and any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawHoldover Occupancy.

Holding Over. This Lease If Tenant shall terminate without further notice upon hold over after the expiration of the Lease Term, and any holding over by with or without written consent, 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed to be 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 Landlordtenant from month to month, such possession shall constitute at 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 monthly rental, payable in advance, equal to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent and Tenant shall also pay all Additional Rent, and Tenant shall be bound by all of the other terms, covenants and agreements of this Lease. Nothing contained herein shall be construed to give Tenant the right to hold over at any time, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Demised Premises, as well as, if Tenant holds over for more than the three (3) month period herein provided without Landlord’s written consent, any damages incurred by Landlord, due to Tenant’s failure to vacate the Demised Premises and deliver possession to Landlord as herein provided Notwithstanding the foregoing, Landlord consents to Tenant holding over for a period of up to three (3) months at the monthly amount of Basic Rent and Additional Rent being paid for the month immediately preceding the expiration date of termination or the Lease Term, provided that (a) Tenant provides notice thereof to Landlord at least six (6) months prior to the expiration date of the Lease Term and (b) the fair market rental for the Premises. If there is no Default by Tenant fails to surrender the Premises upon the expiration of this Lease despite 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of under this Lease. The foregoing provisions In no event shall Tenant be liable to Landlord for any consequential or other damages for holding over hereunder, except to the extent that Tenant holds over in the Demised Premises for more than the three (3) month period herein provided without the written consent of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon In the expiration event 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 other termination of this Lease required for or in the event Tenant continues to remove its property or to place occupy the Premises in after the condition required termination of Tenant’s right of possession pursuant to Section 15.3 (23.A(3) hereof, occupancy of the Premises subsequent to such termination or for Landlord to do so if Tenant fails to do so) expiration shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) that of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy, which tenancy commencing on may be terminated by either party by giving the first (1st) day following the termination of this Lease and terminating other party thirty (30) days following delivery of prior written notice of termination by either Landlord or notice. Tenant to shall, throughout the other . In either of such eventsentire holdover period, possession shall 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 partial months during any such holdover) equal to (i) for the first thirty (30) days of any such holdover by Tenant, 125% of the terms Base Rent and Additional Rent, (ii) for the second thirty (30) days of this Leaseany such holdover by Tenant, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) % of the Basic Base Rent for and Additional Rent, and (iii) after sixty (60) days total of any such holdover by Tenant, 200% of the month immediately preceding Base Rent and Additional Rent, which would have been applicable had the date Lease Term continued through the period of termination such holding over by Tenant. No holding over by Tenant or (b) the fair market rental for the Premises. If payments of money by Tenant fails to surrender the Premises upon Landlord after the expiration of this the Lease despite demand Term shall be construed to do so extend the Lease Term or prevent Landlord from recovery of immediate possession of the Premises by Landlordsummary proceedings or otherwise unless Landlord has sent written notice to Tenant that Landlord has elected to extend the Lease Term. In addition to the obligation to pay the amounts set forth above during any such holdover period, Tenant shall indemnify and hold also be liable to Landlord harmless from for all loss or liabilitydamages, including including, without limitation, any consequential damages, which Landlord may suffer by reason of any holding over by Tenant and Tenant shall also indemnify Landlord against any and all claims made by any succeeding other tenant relating or prospective tenant against Landlord for delay by Landlord in delivering possession of the Premises to such failure to surrenderother tenant or prospective tenant. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result Nothing contained in a renewal of this Lease. The foregoing provisions of this Section are in addition 27 shall be construed to and do not affect imply that Tenant has the right to hold over for any period of time without Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawprior written consent.

Holding Over. This Lease shall terminate without further notice upon the expiration Tenant will not be permitted to hold over possession of the Term, and any holding over by Tenant Premises 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 Tenant to remove the Term without the express written consent of Landlord, which consent Landlord may withhold in its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenantsole and absolute discretion. If Tenant holds over for any period after the Expiration Date (expiration or earlier termination) termination of the Term without the prior written consent of LandlordTerm, such possession shall constitute Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance only 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 continued occupancy by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms terms, covenants and conditions of this Lease, so far as applicable, except that the monthly Basic Monthly Base Rent for any such holdover period shall be equal to the greater of (ai) one hundred fifty twenty-five percent (150125%) of the Basic Monthly Base Rent for the month in effect under this Lease immediately preceding the date of termination prior to such holdover, or (bii) the fair market then currently scheduled rental rate for comparable space in the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by LandlordBuilding, 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 surrenderin either event prorated on a daily basis. Acceptance by Landlord of rent after the such expiration or earlier termination shall will not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys’ fees and costs), including, without limitation, costs and expenses incurred by Landlord 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 failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. This Lease shall terminate without further notice upon If Tenant holds over after the expiration of the TermLease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be a tenancy at sufferance, and any holding over by Tenant after the expiration shall not constitute a renewal hereof or an 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 Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlordfurther term, and in such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic case Base Rent shall be payable for the greater initial one (1) month of (a) such holdover tenancy at a monthly rate equal to one hundred fifty percent (150%) of the Basic Base Rent applicable during the last rental period of the Lease Term under this Lease, and if Tenant continues to hold over with or without the express or implied consent of Landlord, Base Rent for the second month immediately preceding of such holdover tenancy shall be payable at a monthly rate equal to one hundred seventy five percent (175%) of the date Base Rent applicable during the last rental period of the Lease Term under this Lease, and thereafter if Tenant continues to hold over with or without the express or implied consent of Landlord, Base Rent shall be payable at a monthly rate equal to two hundred percent (200%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such tenancy at sufferance shall be subject to every other applicable term, covenant and agreement contained herein. For purposes of this Article 16, a holding over shall include (a) Tenant’s remaining in the Premises after the expiration or earlier termination or of the Lease Term, (b) Tenant’s failure to remove any Alterations or personal property located within the fair market rental for Premises as required pursuant to the Premisesterms of Sections 8.5 and 15.2, above, and (c) if applicable, Tenant’s failure to remove any Tenant Improvements to the extent required by Landlord as a condition to its consent thereto pursuant to the terms of the Work Letter. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. 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 despite demand Lease, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, any claims made by any succeeding tenant relating to founded upon such failure to surrender. Acceptance by surrender and any consequential damages, including lost profits to Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawresulting therefrom.

Holding Over. This Lease shall terminate without further notice upon the expiration Landlord and Tenant recognize that Landlord’s damages resulting from Tenant’s failure to timely surrender possession of the TermPremises may be substantial, may exceed the amount of the Rent payable hereunder, and any holding over by Tenant after will be impossible to accurately measure. Accordingly, if possession of the expiration shall Premises is not constitute a renewal surrendered to Landlord on the Expiration Date or extension sooner termination of this Lease, Tenant shall (a) pay to landlord for each month (or give any portion thereof) during which Tenant any rights under this Lease, except when holds over in writing signed by both parties. Any period of time following the Premises after the Expiration Date or earlier sooner termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) a sum equal to one hundred fifty percent (150%) of the Basic Rent payable under this Lease for the last full calendar month immediately preceding of the date of termination Term (or the highest amount permitted by Law, whichever shall be less), (b) after the fair market rental first thirty (30) days of the holdover period, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall also be liable to Landlord for the Premises. If Tenant fails (i) any payment or rent concession which Landlord may be required to surrender make to any tenant obtained by Landlord for all or any part of the Premises upon (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the expiration holding over by Tenant for which Tenant has received prior written notice, and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding-over by Tenant for which Tenant has received prior written notice, and (c) indemnify Landlord against all claims for damages by any New Tenant; and such other remedies as Landlord may have at law or in equity. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of this Lease despite demand shall be deemed to do so be other than on account of the amount to be paid 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. Acceptance by Landlord of rent after in accordance with the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawArticle 14.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by If 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 Tenant fails to remove its property or to place surrender the Premises in the condition required pursuant to Section 15.3 (by this Lease upon the expiration of the Lease Term or for Landlord to do so if earlier termination thereof, Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over tenant-at-sufferance, and such failure shall not constitute a renewal hereof or an extension for any further term, and in such case Rent shall be payable at a daily rate equal to the product of (i) the daily Rent applicable during the last rental period after the Expiration Date (or earlier termination) of the Lease Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over , and (ii) a percentage equal to one hundred twenty-five percent (125%) with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on respect to the first fifteen (1st) day following the termination of this Lease and terminating thirty (3015) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) holdover and one hundred fifty percent (150%) thereafter. Such tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Basic Rent for Premises to Landlord as provided in this Lease upon the month immediately preceding the date expiration or other termination of termination this Lease. The provisions of this Article 16 shall not be deemed to limit or (b) the fair market rental for the Premisesconstitute a waiver of any other rights or remedies of Landlord provided herein, at law or in equity. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease despite demand in the condition required by this Lease, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against any and all loss or liabilityClaims resulting from such failure, including without limitation, any claims made by any succeeding tenant relating to founded upon such failure to surrender. Acceptance by surrender and any lost profits to Landlord resulting therefrom; provided, however, Tenant shall not be liable for consequential damages arising from such failure unless (a) Landlord has notified Tenant in writing that Lxxxxxxx has entered into a bona fide occupancy or lease agreement relating to all or any portion of rent the Premises for a term commencing after the termination end of the Lease Term, (b) Landlord provides Tenant with reasonable evidence of such bona fide agreement, and (c) such failure by Txxxxx continues for thirty (30) days after the last day of the Term. Txxxxx agrees that any proceedings necessary to recover possession of the Premises, whether before or after expiration of the Lease Term, shall not constitute a consent be considered an action to a holdover or result in a renewal enforce the terms of this Lease. The foregoing provisions Lease for purposes of this Section are the awarding of any attorney’s fees in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawconnection therewith.

Holding Over. This If Tenant shall, for any reason other than if required by this Lease shall terminate without further notice upon or by Landlord, remain in possession of any Leased Property after the expiration or earlier termination of the TermTerm (or, if applicable, a termination of Tenant’s right of possession) as to such Leased Property, such possession shall, at the option of Landlord, in its sole discretion as to each such Leased Property, be a tenancy at sufferance during which time Tenant shall pay as rental each month (which rental constitutes liquidated damages with respect to Fixed Rent, and not a penalty, for the period to which it relates), two times the aggregate of the Fixed Rent payable by Tenant pursuant to the provisions of this Lease, in each case, with respect to the Leased Property(ies) in question (determined on the basis of the aggregate Tenant’s Proportionate Share of each applicable Tenant for the affected Leased Properties without adjustment or removal of the Tenant’s Proportionate Share for such Leased Property pursuant to Section 17.9 hereof). During such period of tenancy at sufferance, Tenant shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease with respect to the Leased Property(ies) in question (including, but not limited to, its obligation to pay Additional Rent), but shall have no rights hereunder other than the right, to the extent given by law to month-to-month tenancies, to continue its occupancy and use of the applicable Leased Property(ies). Landlord shall have the right to terminate Tenant’s tenancy at sufferance at any time after giving Tenant 10 days’ prior written notice, and at any time thereafter, Landlord may re-enter and take possession of the Premises. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over by of 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 Tenant to remove its property or to place the Premises in the condition required pursuant to (or, if applicable, termination of Tenant’s right of possession). The terms of this Section 15.3 (or for Landlord to do so if Tenant fails to do so) 19 shall be deemed a holding over by Tenantwithout limitation upon any other right Landlord may have hereunder, at law or in equity, on account of any holdover with respect to the applicable Leased Property(ies). If The obligations of Tenant holds over for any period after and the Expiration Date (rights of Landlord contained in this Section 19 shall survive the expiration or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery or, if applicable, termination of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect LandlordTenant’s right of re-entry or any other rights of Landlord under this Lease or at lawpossession).

Holding Over. This Lease If Tenant or anyone claiming under Tenant shall terminate without further notice upon remain in occupancy of all or any portion of the Premises, or shall fail to yield-up the Premises free of Hazardous Substances, in each case delaying rental or delivery of possession of the Premises to another tenant, Tenant or such other person shall be deemed to be holding over after the termination of this Lease. If Tenant or anyone claiming under Tenant shall remain in possession of the Premises or any part thereof after the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination Term of this Lease required for without any agreement in writing between Landlord and Tenant with respect thereto, prior to remove its property or to place acceptance of rent by Landlord the Premises person remaining in the condition required pursuant to Section 15.3 possession, Tenant (or for Landlord to do so if Tenant fails to do sosuch person claiming under Tenant) shall be deemed a holding over tenant at sufferance, and after acceptance of rent by TenantLandlord a tenant from month-to-month, in either case at a use and occupancy charge equal to 165% the rate of Annual Fixed Rent plus all other charges payable under this Lease, and subject to the provisions of this Lease (excluding all provisions for rent) insofar as the same may be applicable. If Tenant holds over Notwithstanding the foregoing, prior to acceptance of rent for any period after the Expiration Date (or earlier termination) Term, Landlord, at its option, may re-enter and take possession of the Term Premises or any part thereof forthwith without process or by any manner provided by law, in every case without prejudice to claim for the prior written consent use and occupancy charge as stated above. If the Premises or areas adjacent thereto have been contaminated with Hazardous Substances by reason of LandlordTenant's act or neglect (but without regard to fault), such in any case delaying for any reason rental of the Premises to another tenant, Tenant shall be deemed to continue to be in possession shall constitute of the affected Premises as a tenancy tenant at sufferance only for the duration of such delay, however caused, at the use and an Event occupancy charge set forth above and subject to the provisions of Default this Lease as aforesaid, and Tenant agrees that unless Tenant (and such person claiming under this Lease; such holding over with Tenant) is in bankruptcy or insolvency proceedings or similarly disabled from performing Tenant's obligations hereunder, Landlord has the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on right, at Landlord's election, but no duty or obligation, to restore the first (1st) day following Premises to the condition required at the termination of this Lease hereunder, and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant is solely responsible to do so. Landlord's election to make the other . In either of such events, possession shall be subject to all of Premises conform with the terms requirements of this Lease, except that the monthly Basic Rent such as by removing any Hazardous Substances, shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent not diminish in any way Landlord's claim for the month immediately preceding the date of termination or (b) the fair market rental use and occupancy charge as aforesaid for the Premises. If Tenant fails to surrender duration of any delay in re-leasing the Premises upon the expiration of this Lease despite 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawresulting therefrom.

Holding Over. This Lease shall terminate without further notice upon the expiration Tenant will not be permitted to hold over possession of the Term, and any holding over by Tenant Premises 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 Tenant to remove the Term without the express written consent of Landlord, which consent Landlord may withhold in its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenantsole and absolute discretion. If Tenant holds over for any period after the Expiration Date (expiration or earlier termination) termination of the Term without the prior written consent of LandlordTerm, such possession shall constitute Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance only 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 continued occupancy by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms terms, covenants and conditions of this Lease, so far as applicable, except that the monthly Basic Monthly Base Rent for any such holdover period shall be equal to the greater of (ai) one hundred fifty percent (150l50%) of the Basic Monthly Base Rent for the month in effect under this Lease immediately preceding the date of termination prior to such holdover, or (bii) the fair market then currently scheduled rental rate for comparable space in the PremisesBuilding, in either event prorated on a daily basis. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant shall indemnify agrees to promptly indemnify, protect, defend and hold Landlord harmless from all loss or liabilityclaims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, any costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant relating to such founded on or resulting from Tenant's failure to surrendersurrender the Premises. Acceptance by Landlord The provisions of rent after this Subparagraph 11(b) will survive the expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.