Common use of Holding Over Clause in Contracts

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or termination.

Holding Over. If It is hereby agreed that in the event of Tenant remains in possession of the Premises ------------ holding over after the expiration or earlier termination of this Lease with Lease, by lapse of time or otherwise, thereafter the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy tenancy shall be from month to month in the absence of a month-to-month tenancy at written agreement to the contrary, and Tenant shall pay to Landlord a rent monthly occupancy charge equal to the greater of (i) for the first thirty sixty (3060) days of any such holdover periodholdover, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) monthly Basic Rental payable hereunder for the Premises or last lease year, and (ii) two for any holdover beyond said sixty (60) days, one hundred fifty percent (200150%) of the Monthly Rent and Additional Rent monthly Basic Rental payable under this Lease hereunder for the last full 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 in which the Premises are delivered to Landlord in the condition 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, Landlord shall so notify Tenant and if Tenant fails to vacate and deliver all or such portion of the Premises to Landlord within sixty (60) days after receipt of such notice (but in no event prior to the date expiration or earlier termination of this Lease), Tenant shall be responsible for any and all damages incurred by Landlord as a result of Xxxxxx’s failure to so vacate and deliver the Premises or such portion thereof (including the loss of such expiration lease or terminationamendment).

Holding Over. If Tenant remains in shall pay Landlord the greater of (i) one hundred fifty percent (150%) the monthly Rent payable for the month immediately preceding the holding over (including increases for Rent Adjustments which Landlord may reasonably estimate) or, (ii) one hundred fifty percent (150%) the fair market rental value of the Premises as reasonably determined by Landlord for each month or portion thereof that Tenant retains possession of the Premises ------------ Premises, or any portion thereof, after the expiration Termination Date (without reduction for any partial month that Tenant retains possession). Tenant shall also pay all damages sustained by Landlord by reason of such retention of possession. The provisions of this Article shall not constitute a waiver by Landlord of any re-entry rights of Landlord and Tenant's continued occupancy of the Premises shall be as a tenancy in sufferance. If Tenant retains possession of the Premises, or earlier termination any part thereof for thirty (30) days after the Termination Date then at the sole option of Landlord expressed by written notice to Tenant, but not otherwise, such holding over shall constitute an extension of the Term of this Lease for a period of one (1) year on the same terms and conditions (including those with respect to the express written consent payment of Landlord (which consent may be withheld Rent) as provided in Landlord's sole discretion)this Lease, Tenant's occupancy except that the Monthly Base Rent for such period shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), % of the Monthly Rent and Additional Base Rent payable under this Lease during the last full month prior to preceding the date of the expiration of this Lease Termination Date, or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then 150% of the monthly base rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional then being quoted by Landlord for similar space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable theretoBuilding. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or termination.ARTICLE FOURTEEN DAMAGE BY FIRE OR OTHER CASUALTY

Holding Over. If Provided Tenant remains in gives Landlord not less than two hundred seventy (270) days advance written notice (the “Holdover Notice”), Tenant shall be permitted to retain possession of the Premises ------------ after the expiration or earlier termination of the Term without any modification of this Lease with Lease, except as provided herein, or other written agreement between the express written consent parties for a period of Landlord up to six (which consent may be withheld 6) months after the Expiration Date, as specifically elected in Landlord's sole discretion)such Holdover Notice. If Tenant’s Holdover Notice fails to elect a permitted holdover term, Tenant's occupancy then such election shall be deemed to have been for a month-to-month tenancy at a rent equal to the greater period of six (i6) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply months. Tenant’s occupancy during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy permitted holdover shall be on pursuant to all of the terms and conditions of this Lease, except that any renewal optionsTenant shall pay Base Rent in the amount of one hundred ten (110%) of the Base Rent in effect immediately prior to the expiration of the Term, expansion optionsplus all other Rent provided for in this Lease, rights except that, after the expiration of first refusalsuch elected (or deemed elected) holdover period the foregoing provisions of this Paragraph 19(f) shall no longer be effective. After the expiration of such permitted holdover period, rights of first negotiation or at any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises time after the expiration or earlier termination of this Lease during which Tenant remains in occupancy of the Premises without Landlord's consent as required abovethe express right to do so under this Paragraph 19(f), Tenant's continued possession Tenant shall be on a tenant-at-sufferance, and until Tenant relinquishes possession of the basis of a tenancy at sufferance and Premises, Tenant shall pay as Monthly Rent during the holdover period rent in an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Base Rent and Additional Rent payable under this Lease for the last full month in effect immediately prior to the date of such expiration or terminationtermination of the Lease Term, plus all other Rent provided for in this Lease, and otherwise subject to all the covenants and provisions of this Lease insofar as the same are applicable to such tenancy. If Tenant remains in possession after termination of this Lease without Landlord’s acquiescence or consent, Tenant shall thereupon be subject to summary eviction as provided by Law. Nothing in this paragraph shall be construed as a consent by Landlord to the possession of the Premises by Tenant after the expiration of the Term or any termination of this Lease by Landlord, or as an exclusive remedy in the event of a holdover. There shall be no renewal of this Lease by operation of law. This Paragraph 19(f) shall survive the termination of this Lease by lapse of time or otherwise.

Holding Over. If Tenant remains in possession of the Premises ------------ after is not surrendered to Landlord on the expiration Expiration Date or earlier 7 termination of this Lease with Lease, then Tenant shall pay to Landlord on account of use and occupancy of the express written consent of Landlord 8 Premises, for each month (or any portion thereof) during which consent may be withheld Tenant (or a Person claiming by, through 9 or under Tenant) holds over in Landlord's sole discretion)the Premises after the Expiration Date, Tenant's occupancy shall be a month-to-month tenancy at a rent an amount equal to the greater of 10 one and one-half (1.5) times: (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent aggregate Rental that was payable under this Lease during the last full 11 month prior to the date of the expiration of this Lease or Term; and (ii) the then fair market rental (as reasonably determined by Landlord) for value of the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then Premises plus the monthly rent specified in Additional 12 Rent that was payable by Xxxxxx during the last month of the Term. Xxxxxxxx's right to collect such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy 13 amount from Tenant for use and occupancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or in addition to any other rights or options pertaining to additional space remedies that 14 Landlord may have hereunder or at law or in the Building equity. Nothing contained in this Lease Section 23.01 shall be deemed permit 15 Tenant to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in retain possession of the Premises after the Expiration Date, or earlier termination date, or limit 16 in any manner Xxxxxxxx's right to regain possession of the Premises, through summary proceedings or 17 otherwise. Xxxxxxxx's acceptance of any payments from Tenant after the Expiration Date, or earlier 18 termination date, shall be deemed to be on account of the amount to be paid by Tenant in accordance with 19 the provisions of this Section 23.01. Tenant expressly waives, for itself and for any person claiming 20 through or under Tenant, any rights that Tenant or any such person may have under the provisions of 21 legal requirements, in connection with any holdover summary proceedings that Landlord may institute to 22 enforce the foregoing provisions of this Article. Tenant shall indemnify, defend and hold harmless 24 without limitation, consequential damages), costs and/or expenses (including, without limitation, 25 attorneys' fees and expenses) resulting from any failure by Xxxxxx to surrender the Premises in the manner 26 and condition required by this Lease upon the expiration of the Term or earlier termination of this Lease Lease, 27 including, without Landlord's consent as required abovelimitation, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined any claims made by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of any proposed new tenant founded upon such expiration or terminationfailure.

Holding Over. If Tenant remains in shall pay Landlord for each day Tenant retains irregular possession (“Hold Over”) of the Premises ------------ or any part thereof after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that as provided for hereunder, by lapse of time or otherwise, or of Tenant’s right to possession of the Premises, an amount which is one and a half the amount of Monthly Rent for the first 30-day period in which such possession occurs, and double the amount of Monthly Rent for any renewal optionsperiod thereafter, expansion optionscalculated as though such period were within the Term, rights and Tenant shall also be responsible for all other obligations under this lease during any Hold Over period. Nothing contained in this section shall be construed or operate as a waiver of first refusal, rights Landlord’s right of first negotiation re-entry or any other rights right or options pertaining remedy of Landlord. No payments of money by Tenant to additional space Landlord after the Term shall reinstate, continue or extend the Term and no extension of this Term shall be valid unless it is otherwise agreed in writing and signed by Landlord and except as provided by Article 27 herein, Tenant hereby waives the Building provisions contained in this Lease shall be deemed to have terminated Article 1762, 1763 and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal 1764 of the original term Civil Code for the State of Tamaulipas (the “Code”) and the provisions contained in Articles 1813 and 1814 of the Code regarding the waiver of the right to extend the Lease beyond the Lease Term and the waiver of the right to continue with the Lease for an indefinite period of time after the expiration of the Lease Term. Furthermore, Tenant will indemnify and hold harmless Landlord against all damages, costs, losses, liabilities, claims and expenses, including attorneys’ fees, which Landlord incurs on account of Tenant’s failure to vacate and surrender the Premises upon termination of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or termination.

Holding Over. If Should Tenant remains (or any subtenant, assignee or other party occupying the Premises by, through, under, or with the permission of Tenant), fail to vacate and surrender all or any portion of the Premises upon expiration or termination of this Lease or termination of Tenant’s right to possession of the Premises, in the condition required under this Lease, without Landlord’s written consent, Tenant and/or such other parties shall, at Landlord’s option (which option Landlord may elect by notice to Tenant and/or such other parties at any time before or after such expiration or termination and regardless of whether Landlord has accepted rent during any holdover period), become either a tenant at sufferance or a month-to-month tenant upon each and all of the terms herein provided as may be applicable to such a tenancy and any such holding over shall not constitute an extension of this Lease (and any such tenancy shall be a tenancy at sufferance unless and until Landlord exercises the foregoing option to create a month-to-month tenancy). During such holding over, Tenant shall pay (and any such other parties shall be jointly and severally obligated to pay) in advance, monthly, Basic Rental, applicable to only those floors where Tenant has held over, at a rate equal to 125% of the rate in effect for the last month of the Term of this Lease with respect to the first month of the holdover and thereafter at a rate equal to 150% of the rate in effect for the last month of the Term of the Lease, in addition to, and not in lieu of, all other payments required to be made by Tenant hereunder including but not limited to Tenant’s Proportionate Share of Direct Costs. The parties agree that it would be impracticable or extremely difficult to fix Landlord’s actual damages for such holding over and that the foregoing increase in the rate of Basic Rental for holding over is a fair estimate and liquidation of such actual damages. Nothing contained in this Article 5 shall be construed as consent by Landlord to any holding over of the Premises by Tenant or any other parties, and Landlord expressly reserves the right to require Tenant and/or such other parties to vacate and surrender possession of the Premises ------------ after to Landlord in the condition required under this Lease upon the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion)Term or Tenant’s right to possession, Tenant's occupancy shall be a or during any tenancy at sufferance thereafter. Any month-to-month tenancy created hereunder may be terminated by Tenant or Landlord giving the other party at a rent equal to the greater of (i) for the first least thirty (30) days notice; provided such notice period shall not prevent Landlord from terminating the right to possession of any such holdover period, one hundred twenty-five percent the Premises earlier based on an Event of Default as provided in Articles 19 and 20. If Landlord provides Tenant with at least thirty (125%)30) days prior written notice that Landlord has a signed lease from a succeeding tenant to lease the Premises, and for each day if Tenant fails to surrender the Premises upon the later of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to i) the date of the expiration of this Lease such thirty (30) day period, or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions date of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, and/or Tenant's continued ’s right to possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined Premises, in the condition required under this Lease, Tenant agrees to indemnify, defend and hold Landlord harmless from and against all costs, loss, expense or liability relating to or arising out of any claims made by Landlord) such succeeding tenant with whom Landlord has entered into a lease for all or a portion of the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or terminationrelated real estate brokers’ claims and attorney’s fees and costs.

Holding Over. If Tenant remains in possession of the Premises ------------ after the Upon expiration or earlier termination of this Lease, Tenant shall promptly vacate the Premises, leaving the Premises in the condition required hereunder. Unless otherwise expressly agreed in writing, if Tenant remains in possession of all or any portion of the Premises after expiration or termination of the Lease with the express written consent of Landlord Term (which consent as this Lease may be withheld in extended pursuant to Section 2.2 above) with Landlord's sole discretion)’s consent, Tenant's occupancy such possession by Tenant shall be deemed to be a month-to-month tenancy at a rent of the space then occupied by Tenant (the “Occupied Space”) terminable by either party, effective on the first day of the month following thirty (30) days’ advance written notice. All provisions of this Lease, except those pertaining to Term and Base Rent, shall apply to the month-to-month tenancy of the Occupied Space. If Tenant holds over with the Landlord’s consent, during any holdover term, Tenant shall pay Base Rent for the Occupied Space in an amount equal to the greater then applicable fair market rental value for the Occupied Space, but in no event shall Tenant pay at a rate less than the Base Rent payable immediately prior to such holdover term. If Tenant holds over without Landlord’s consent, then during any holdover term, Tenant will pay a proportionate amount of the Base Rent for the Occupied Space at the rate applicable to the Occupied Space in an amount (ia) for the first thirty sixty (3060) days of any such holdover periodholdover, equal to one hundred twenty-twenty five percent (125%)) of Base Rent for the Occupied Space for the last full calendar month during the regular or extended Lease Term and (b) after the first sixty (60) days of holdover, and for each day of the holdover period thereafter, equal to one hundred fifty percent (150%), ) of Base Rent for the Monthly Rent and Additional Rent payable under this Lease during Occupied Space for the last full calendar month prior during the regular or extended Lease Term, plus (c) one hundred percent (100%) of Tenant’s Pro Rata Share of Additional Rent allocable to the date Occupied Space, plus (d) any other amounts due under the Lease, but except as specifically otherwise provided in this Article 21, Tenant shall not be liable for any consequential damages arising from or relating to Landlord’s lost business opportunities or otherwise. Acceptance by Landlord of the expiration Rents and/or other amounts due during any period of Tenant’s holdover shall not result in a renewal of this Lease Lease. The provisions of this Article 21 are in addition to and do not affect Landlord’s right of re-entry or (ii) the then fair market rental (any other rights of Landlord hereunder or as reasonably determined otherwise provided by Landlord) for the Premiseslaw; provided, however, if Landlord and Tenant agree Tenant’s liability for rental payments in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over connection with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession Tenant’s holdover of the Premises without consent is limited as stated in this Article 21. Landlord shall give Tenant written notice within ten (10) days after the expiration or earlier termination of this Lease without Landlord's consent as required above, Landlord has a new tenant (“New Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord”) for the Premises or any portion thereof (ii) two hundred percent (200%) “New Tenant Space”). If Tenant holds over in the New Tenant Space without the consent of Landlord, and such holdover causes Landlord to default under, or is otherwise the direct cause of damages suffered by Landlord under the terms of the Monthly Rent lease between Landlord and Additional Rent payable under this Lease for the last full month prior New Tenant with respect to the date New Tenant Space, then Tenant shall indemnify Landlord for Landlord’s actual out-of-pocket losses, costs, damages, and expenses incurred by Landlord in connection with the New Tenant’s lease of such expiration or terminationthe New Tenant Space.

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's ’s occupancy shall be a month-to-month tenancy at a rent equal agreed upon by Landlord and Tenant in writing; provided, however, if Landlord has consented to the holdover in writing, but Landlord and Tenant did not agree in writing on the rent during the holdover period, the monthly rent during the holdover period shall be the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), ) of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's ’s acceptance of rent after such holding over with Landlord's ’s written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above’s written consent, Tenant's ’s continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) for the first thirty (30) days of such holdover, one hundred twenty-five fifty percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200150%) of the Monthly Rent and one hundred percent (100%) of the Additional Rent payable under this Lease for the last full month prior to the date of such expiration or terminationtermination and (ii) for the holdover period from and after the end of such thirty (30) day period, such percentage applied to Monthly Rent shall increase to two hundred percent (200%).

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), TenantXxxxxx's occupancy shall be a month-to-month tenancy at a rent equal to agreed upon by Landlord and Tenant, but in no event less than the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), ) of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. LandlordXxxxxxxx's acceptance of rent after such holding over with LandlordXxxxxxxx's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required aboveconsent, TenantXxxxxx's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five fifty percent (125150%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or termination.

Holding Over. If Tenant remains holds over in possession the Premises without the consent of Landlord after the Expiration Date, the parties herby agree that Tenant’s occupancy of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy term shall be under a month-to-month to month tenancy at a rent commencing on the first day after the expiration of the applicable term, which tenancy shall be upon all of the terms set forth in the Lease except that (a) Tenant shall pay for each month or portion thereof of the holdover period, an amount (to be prorated for partial months during the holdover period based on the actual number of days in such month) equal to (1) Fixed Rent for the greater of entire Premises in the following amounts: (ix) for the first thirty (30) days (or prorated portion thereof) of any such holdover periodholdover, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-twenty five percent (125%) of the fair market rental Fixed Rent for the entire Premises (as reasonably determined by Landlordy) for the next thirty (30) days (or prorated portion thereof), one hundred fifty percent ( 150%) of the Fixed Rent for the entire Premises and (z) for each month thereafter ( or (ii) portion thereof), two hundred percent (200%) of the Monthly Fixed Rent for the entire Premises, which in each case Tenant was obligated to pay for the month immediately preceding such Expiration Date, and (2) all Additional Rent payable under this Lease for the last full entire Premises which is attributable to each month prior of the holdover tenancy (to be prorated for partial months during the holdover period based on the actual number of days in such month) ; and (b) if Tenant holds over for more than sixty (60) days, Tenant shall be liable to Landlord for and indemnify Landlord against all actual and consequential damages, including without limitation (1) any payment or rent concession which Landlord shall be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) by reason of the late delivery of space to the date New Tenant as a result of Tenant’s holding over for more than sixty (60) days or in order to induce such expiration or terminationNew Tenant not to terminate its lease by reason of the holding over by Tenant for more than sixty (60) days, (2) 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 more than sixty (60) days and (3) any claim for damages by any New Tenant. No holding over by Tenant after the Term shall operate to extend the Term. The acceptance of any rent paid by Tenant pursuant to this Section 6.10 shall not preclude Landlord from commencing and prosecuting a holdover summary eviction proceeding.

Holding Over. If Tenant remains in possession after expiration or ------------ termination of the Premises ------------ after the expiration Lease Term with or earlier termination without Landlord's written consent, Tenant shall become a tenant-at-sufferance, and there shall be no renewal of this Lease with by operation of law. During the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days period of any such holdover periodholding over, all provisions of this Lease shall be and remain in effect except that the monthly rental shall be determined as follows: (a) if Tenant does not give affirmative written notice to Landlord at least twelve (12) months prior to the expiration of the then current Lease Term (the Holdover Term as hereinafter defined is not part of the Lease Term) that Tenant will not renew or extend the Lease Term, then the monthly rental shall be one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), ) of the Monthly amount of Rent and Additional Rent (including any adjustments as provided herein) payable under this Lease during for the last full calendar month of the Lease Term including renewals or extensions. (b) if Tenant does give affirmative written notice to Landlord at least twelve (12) months prior to the date expiration of the then current Lease Term that Tenant will not renew or extend the Lease Term, then Tenant, by written notice to Landlord given no later than nine (9) months prior to the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) current Lease Term may elect to hold over beyond the expiration of the Lease Term for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent period specified in such written agreement shall instead apply. Except as notice (the "Holdover Term"); provided in however that the preceding sentence, the month-to-month tenancy Holdover Term shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Leasemore than six (6) months. If Tenant remains properly makes such election in possession accordance with the foregoing provisions of this subparagraph (b), then for months 1 through 3 of the Premises after Holdover Term, the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession monthly rental shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five ten percent (125110%) of the fair market rental amount of Rent (including any adjustments as reasonably determined by Landlordprovided herein) payable for the Premises last full calendar month of the Lease Term including renewals or extensions and for months 4 through 6 of the Holdover Term, the monthly rental shall be one hundred fifteen percent (ii115%) of the amount of Rent (including any adjustments as provided herein) payable for the third month of the Holdover Term. After the expiration of the Holdover Term, monthly rental shall be two hundred percent (200%) of the Monthly amount of Rent and Additional Rent (including any adjustments as provided herein) payable under this Lease for the last full calendar month prior of the Lease Term including renewals and extensions. The inclusion of the preceding provisions of this Section 29 in this Lease shall not be construed as Landlord's consent for Tenant to the date of such expiration or terminationhold over except as expressly set forth in this Section 29.

Holding Over. If Tenant remains in On or prior to the Expiration Date, Subtenant will surrender possession of the Sublease Premises ------------ to Novartis in accordance with the requirement of Article 20 of the Xxxxxxxxx, and this Sublease, including any obligation to remove and restore any Alteration performed by or for the benefit of Subtenant in the Sublease Premises and the Roof Premises, if applicable. If Subtenant holds over after the expiration or earlier termination Termination Date (in the event Novartis exercises the right to terminate this Sublease in accordance with the terms of Section 2(c) of this Lease with Sublease), or Expiration Date of this Sublease, as the ease may be, without the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion)Novartis, Tenant's occupancy Subtenant shall be become a month-to-month tenancy at a rent equal tenant of sufferance only. Notwithstanding anything to the greater contrary contained in Section 20,3 of the Xxxxxxxxx, (i) for if Subtenant holds over after the Termination Date of this Sublease (in the event Novartis exercises the right to terminate this Sublease in accordance with the terms of Section 2(c) of this Sublease), Subtenant shall pay to Novartis on the first thirty (30) days day of any such each month of the holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, an amount equal to one hundred fifty percent (150%), ) of the Monthly Rent and Additional Fixed Rent payable by Subtenant for the month in which the Termination Date of this Sublease shall occur, plus all additional rent payable to Novartis under this Lease during the last full Sublease for each month prior and any partial month that Subtenant shall continue to the date of the expiration of this Lease or hold over; (ii) if Subtenant holds over after the then fair market rental Expiration Date of this Sublease and Novartis has extended the term of the Xxxxxxxxx, so that the Expiration Date of the Xxxxxxxxx is later than thirty (as reasonably determined 30) days after the Expiration Date of this Sublease, Subtenant shall pay to Novartis on the first day of each month of the holdover period, an amount equal to one hundred fifty percent (150%) of the Fixed Rent payable by Landlord) Subtenant for the Premisesmonth in which the Expiration Date of this Sublease shall occur, plus all additional rent payable to Novartis under this Sublease for each month and any partial month that Subtenant shall continue to hold over; providedand (iii) if Subtenant holds over after the Expiration Date of this Sublease and Novartis has not extended the term of the Xxxxxxxxx so that the Expiration Date of the Xxxxxxxxx is thirty (30) days after the Expiration Date of this Sublease, however, if Landlord and Tenant agree in writing that a different monthly rent Subtenant shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be pay to Novartis on the terms and conditions first day of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal each month of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required aboveholdover period, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (ix) one hundred twenty-five fifty percent (125150%) of the fair market rental (as reasonably determined Fixed Rent payable by Landlord) Subtenant for the Premises or month in which the Expiration Date of this Sublease shall occur, and (iiy) two one hundred fifty percent (200150%) of the Monthly Yearly Rent and Additional Rent required to be paid by Novartis for such month for the entire Building under the terms of the Xxxxxxxxx, plus all additional rent payable to Novartis under this Lease Sublease for each month or any portion thereof that Subtenant shall continue to hold over. If Subtenant fails to surrender the last full month prior Sublease Premises to Novartis in the date condition required under the provisions of such expiration the Xxxxxxxxx on or terminationbefore the Termination Date or Expiration Date, as the ease may be, Subtenant shall pay Novartis the holdover rent described in the immediately preceding sentence to Novartis and shall indemnify and hold Novartis harmless from all loss or liability, including without limitation, any claim made by Overlandlord or any successor tenant resulting from Subtenant’s failure to surrender the Sublease Premises and any attorney’s fees and costs incurred by Novartis and Overlandlord.

Holding Over. If Tenant remains in shall pay to Landlord an amount as Rent equal to 200% of one-twelfth of the Base Rent and 200% of one-twelfth of the Additional Rent payable by Tenant during the previous Calendar Year herein provided during each month or portion thereof for which Tenant shall retain possession of the Premises ------------ or any part thereof after the expiration or earlier termination of this Lease with the express written consent Term or of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater right of possession, whether by lapse of time or otherwise (i) for except the first thirty sixty (3060) days of any such holdover period, one hundred twenty-five percent (125%holding over shall be at 150% of the Base Rent and 150% of the Additional Rent), and also shall pay all direct damages sustained by Landlord on account thereof. At the option of Landlord, expressed in a written notice to Tenant and not otherwise, any such holding over for each day a period of the holdover period thereafter, one hundred fifty percent more than sixty (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration 60) days shall constitute a renewal of this Lease or (ii) for a period of one year at the then greater of the fair market rental (for the Premises, as reasonably determined by Landlord) , or the Base Rent during the preceding year and the Additional Rent that would be applicable for such year if the PremisesTerm were one year longer. It is specifically agreed that Tenant shall have no liability for consequential damages resulting from a retention of possession beyond the expiration of the Term; provided, however, that if Landlord and shall have given to Tenant agree in writing at least sixty (60) days advance notice that a different monthly rent shall apply during such month-to-month tenancyLandlord has relet the Premises, or portions thereof, then if Tenant's holdover continues more than sixty (60) days in duration at any time after delivery of such notice, Landlord's direct damages shall include, without limitation, compensation for the monthly rent specified in loss of income on account of such written agreement shall instead apply. Except as provided in the preceding sentencereletting, the month-to-month tenancy together with any damages for which Landlord shall be on liable to third parties (including the terms party releasing the Premises, or portion thereof), and conditions reasonable legal fees and litigation costs paid by Landlord, as a result of Tenant's failure to surrender possession of the Premises. The provisions of this Lease, except that any renewal options, expansion options, rights Section 17 shall not be deemed to limit or constitute a waiver of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance remedies of rent after such holding over with Landlord's written consent shall not result in any other tenancy Landlord provided herein or at law or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or terminationequity.

Holding Over. 1.4.1 If the Tenant remains in possession of continues to occupy the Premises ------------ after the expiration of the Term or any earlier termination of this Lease after obtaining the Landlord's express, written consent thereto, (2) with the express written consent exception of Landlord (which consent may be withheld in Landlord's sole discretion), minor punch list items and Tenant approved long lead items that do not materially affect Tenant's use of the Premises for Tenant's intended purpose, and Landlord has tendered possession for Tenant's occupancy. And notwithstanding that such items shall not delay the Commencement Date and Tenant's obligation to pay Rent. (3) Tenant shall not be responsible for the removal of the SCIF space and/or associated components. (a) such occupancy shall (unless the parties hereto otherwise agree in writing) be deemed to be under a month-to-month tenancy tenancy, which shall continue until either party hereto notifies the other in writing, by at a rent equal to the greater of (i) for the first least thirty (30) days before the end of any calendar month, that the notifying party elects to terminate such holdover periodtenancy at the end of such calendar month, one hundred twenty-five percent in which event such tenancy shall so terminate; (125%)b) anything contained in the foregoing provisions of this Section to the contrary notwithstanding, and the rental payable for each day such monthly period shall equal one-twelfth (1/12) of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Base Rent and the Additional Rent payable under the provisions of subsection 2.2 (calculated in accordance with such provisions of subsection 2.2 as if this Lease during had been renewed for a period of twelve (12) full calendar months after such expiration or earlier termination of the last full Term or such renewal); and (c) such month-to-month prior tenancy shall be upon the same terms and subject to the date of same conditions as those set forth in the expiration provisions of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the PremisesLease; provided, howeverthat if the Landlord gives the Tenant, if Landlord and Tenant agree in writing that a different monthly rent shall apply by at least thirty (30) days before the end of any calendar month during such month-to-month tenancy, then written notice that such terms and conditions (including any thereof relating to the monthly rent amount or payment of Rent) shall, after such month, be modified in any manner specified in such written agreement shall instead apply. Except as provided in notice, then such tenancy shall, after such month, be upon the preceding sentence, the month-to-month tenancy shall be on the said terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal subject to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (said conditions, as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or terminationso modified.

Holding Over. If If, with Landlord’s express written consent, Tenant remains in retains possession of the 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 expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease with the express written consent of or such other amount as Landlord (which consent may be withheld indicate, in Landlord's ’s sole and absolute discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to but not more than 150% of the greater of (i) Base Rent due for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day last month of the holdover period thereafterTerm, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement consent, and (iv) all other payments shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on continue under the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease without Landlord's consent as required aboveLease, Tenant's continued possession including the obligation to pay 100% of all Additional Rent due under this Lease, except that the monthly Base Rent shall be on equal to 150% of the basis Base Rent in effect during the last 30 days of a tenancy at sufferance the Term, and (B) Tenant shall pay as Monthly Rent during be responsible for all damages suffered by Landlord resulting Building 1 (AOTC) / Kymera Therapeutics, Inc. - Page 13 from or occasioned by Xxxxxx’s holding over, including consequential damages; provided that, unless Landlord gave written notice to Tenant at least 30 days before the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) expiration of the fair market rental (as reasonably determined by Landlord) for Term that a subsequent tenant would be leasing the Premises or (ii) two hundred percent (200%) any part thereof and that Landlord reasonably anticipates holding over, even for less than 30 days, is reasonably likely to impact Landlord’s delivery schedule to such new tenant, Tenant shall be responsible for consequential damages only once Xxxxxx’s holding over exceeds 30 days. No holding over by Xxxxxx, 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 Monthly Premises. Acceptance by Landlord of Rent and Additional Rent payable under after the expiration of the Term or earlier termination of this Lease for the last full month prior to the date shall not result in a renewal or reinstatement of such expiration or terminationthis Lease.

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's ’s occupancy shall be a month-to-month tenancy at a rent equal to agreed upon by Landlord and Tenant, but in no event less than the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined mutually agreed by LandlordLandlord and Tenant) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's ’s acceptance of rent after such holding over with Landlord's ’s written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's ’s consent as required above(or Landlord and Tenant have not otherwise been able to agree on the Monthly Rent payable for such holdover period), Tenant's ’s continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five fifty percent (125150%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or termination. Except as specifically provided in this Paragraph 20, the holdover tenancy shall be on the terms and conditions of this Lease.

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease provides Landlord with the express written consent of Landlord notice (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy "HOLDOVER NOTICE") at a rent equal to the greater of (i) for the first least thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day prior to expiration of the holdover period thereafterLease Term (or any applicable Extension Term) that Tenant will be holding over in the Premises, one hundred fifty percent Tenant shall have the right (150%)and, of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior subject to the date of grace periods described below, the obligation) to hold over after the expiration of this the Lease or Term until the date (ii"HOLDOVER NOTICE DATE") the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead applyHoldover Notice (but not in excess of one hundred twenty (120) days after the expiration of the Lease Term or applicable Extension Term). Except as provided in the preceding sentenceAny holdover tenancy (including without limitation, the month-to-month any holdover tenancy pursuant to a Holdover Notice) shall be on the terms subject to every applicable term, covenant and conditions of this Leaseagreement contained herein, except that any renewal options, expansion options, rights the Base Rent payable by Tenant for the Premises (irrespective of first refusal, rights the amount of first negotiation or any other rights or options pertaining space Tenant continues to additional space occupy in the Building contained in this Lease Building) shall be deemed escalated to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal equal one hundred ten percent (110%) of the original term then current Base Rent and Direct Expenses payments for the entire Premises for the first ninety (90) days of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance such holdover occupancy and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of such amount during the fair market rental next succeeding ninety (as reasonably determined by Landlord90) for the Premises or days and from and after such one hundred eighty (ii180) two day period, Rent shall equal one hundred fifty percent (200150%) of such amount thereafter; provided, however, subject to the Monthly next sentence of this Article 16, such holdover Rent and Additional Rent payable shall be prorated on a per diem basis through and including the date ("ACTUAL SURRENDER DATE") Tenant actually vacates and surrenders the Premises to Landlord in the condition required under this Lease for Lease. If Tenant properly delivers the last full month Holdover Notice and the Actual Surrender Date (a) is earlier than the Holdover Notice Date by forty-five (45) days or less, Tenant's obligation to pay such holdover Rent and Additional Rent shall terminate on a per diem basis as of the Actual Surrender Date, however if the Actual Surrender Date is earlier than forty-five (45) days prior to the Holdover Notice Date, Tenant's holdover Rent and Additional Rent shall cease as of the date which is forty-five (45) days prior to the Holdover Notice Date, or (b) is later than the Holdover Notice Date, Tenant's obligation to pay holdover Rent and Additional Rent shall cease as of the Actual Surrender Date, provided that Tenant shall have no right to holdover beyond the earlier to occur of fifteen (15) days after the Holdover Notice Date or the expiration of the one hundred twenty (120) period specified in the first sentence of this Article 16 above. By way of example only, and not as a limitation upon the foregoing, if the Holdover Notice indicates that the Holdover Notice Date is ninety (90) days after the expiration of the Lease Term or applicable Extension Term, Tenant shall be permitted to holdover until the date which is one hundred five (105) days after the expiration of the Lease Term or applicable Extension Term and Tenant's obligation to pay holdover Rent and Additional Rent shall be prorated on a per diem basis until the later of the forty-fifth (45th) day after the expiration of the Lease Term or applicable Extension Term or the Actual Surrender Date. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant (except as expressly provided in this Article 16 above), and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration of the Lease Term (or the period specified in clause 16(b) above, as applicable). 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 within the period specified in this Article 16 above, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys' fees) and liability resulting from such expiration failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] (including such tenant's lost profits) and any lost profits to Landlord resulting therefrom, provided Landlord promptly notified Tenant in writing of any lease or terminationsigned letter of intent for all or any portion of the Premises.

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's ’s occupancy shall be a month-to-month tenancy at a rent equal to agreed upon by Landlord and Tenant, but in no event less than the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), ) of the Monthly Rent and one hundred percent (100%) of the Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's ’s acceptance of rent after such holding over with Landlord's ’s written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above’s consent, Tenant's ’s continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) for the first thirty (30) days of such holdover, one hundred twenty-five fifty percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200150%) of the Monthly Rent and one hundred percent (100%) of the Additional Rent payable under this Lease for the last full month prior to the date of such expiration or terminationtermination and (ii) for the holdover period from and after the end of such thirty (30) day period, such percentage applied to Monthly Rent shall increase to two hundred percent (200%).

Holding Over. If Tenant remains Unless earlier terminated in possession accordance with this Lease or duly extended in accordance with this Lease, this Lease shall terminate without further notice at the expiration of the Premises ------------ Lease Term. Any holding over by Tenant after the expiration or earlier termination of this Lease shall not constitute a renewal or extension of the Lease or give Tenant any rights in or to the Leased Premises. Any holding over after such expiration with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be construed to be a month-to-tenancy from month tenancy at a to month on the same terms and conditions herein specified insofar as applicable except that the monthly rent shall equal to the greater of one twelfth (i1/12) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, higher of one hundred fifty percent (150%), ) of the Monthly Base Annual Rent and Additional Rent payable under this Lease in effect during the last full month prior to such termination or the date of then current Fair Market Rent. The current Fair Market Rent shall be determined by agreement between Landlord and Tenant LOT A within thirty (30) days following the expiration of this the Lease or Term. In the absence of such agreement as to the Fair Market Rent, it shall be determined as follows: (iia) Each party shall appoint an Appraiser within fifteen (15) days after notice of failure to agree given by one party to the other, and shall advise the other party of such appointment. On the failure of either party so to appoint an Appraiser, and to advise the other party of such appointment, the person who has been appointed as Appraiser may appoint a second Appraiser to represent the party in default. (b) The two (2) Appraisers appointed in either manner shall then fair market rental proceed to establish the Base Annual Rent for each month of the hold over period. In the event of their inability to agree upon the Base Annual Rent for each month of the hold over period within thirty (as reasonably 30) days after their appointment, then Landlord shall appoint a third Appraiser, provided however, that if the difference between the amounts respectively determined by Landlordthe two (2) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall Appraisers is not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period greater than an amount equal to the greater of (i) one hundred twenty-five ten percent (12510%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) higher of the Monthly two (2) amounts so determined, then the Base Annual Rent for each month of the hold over period in question shall be the mean of such two amounts, and Additional it shall not be necessary to appoint a third (3rd Appraiser). In the event that Landlord fails to appoint a third (3rd) Appraiser within fifteen (15) days, then, in such event, the two Appraisers appointed by the parties pursuant to 15.2(a) above shall, by agreement, appoint the third Appraiser. (c) In the event a third Appraiser is appointed, such Appraiser's determination of Base Annual Rent payable for each month of the hold over period shall be final so long as it is within the limits of the appraisals established by the Appraisers appointed by the parties pursuant to 15.2(a) above. If the third Appraiser's appraisal is not within such limits, the determination of Base Annual Rent made by an Appraiser appointed pursuant to 15.2(a) above which is the closest to that of the third Appraiser shall control. (d) Landlord and Tenant shall divide equally the charges imposed by Appraisers selected under this Lease for the last full month prior to the date of such expiration or terminationParagraph 15.2.

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease provides Landlord with the express written consent of Landlord notice (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy "HOLDOVER NOTICE") at a rent equal to the greater of (i) for the first least thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day prior to expiration of the holdover period thereafterLease Term (or any applicable Extension Term) that Tenant will be holding over in the Premises, one hundred fifty percent Tenant shall have the right (150%)and, of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior subject to the date of grace periods described below, the obligation) to hold over after the expiration of this the Lease or Term until the date (ii"HOLDOVER NOTICE DATE") the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead applyHoldover Notice (but not in excess of one hundred twenty (120) days after the expiration of the Lease Term or applicable Extension Term). Except as provided in the preceding sentenceAny holdover tenancy (including without limitation, the month-to-month any holdover tenancy pursuant to a Holdover Notice) shall be on the terms subject to every applicable term, covenant and conditions of this Leaseagreement contained herein, except that any renewal options, expansion options, rights the Base Rent payable by Tenant for the Premises (irrespective of first refusal, rights the amount of first negotiation or any other rights or options pertaining space Tenant continues to additional space occupy in the Building contained in this Lease Building) shall be deemed escalated to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal equal one hundred ten percent (110%) of the original term then current Base Rent and Direct Expenses payments for the entire Premises for the first ninety (90) days of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance such holdover occupancy and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of such amount during the fair market rental next succeeding ninety (as reasonably determined by Landlord90) for the Premises or days and from and after such one hundred eighty (ii180) two day period, Rent shall equal one hundred fifty percent (200150%) of such amount thereafter; provided, however, subject to the Monthly next sentence of this Article 16, such holdover Rent and Additional Rent payable shall be prorated on a per diem basis through and including the date ("ACTUAL SURRENDER DATE") Tenant actually vacates and surrenders the Premises to Landlord in the condition required under this Lease for Lease. If Tenant properly delivers the last full month Holdover Notice and the Actual Surrender Date (a) is earlier than the Holdover Notice Date by forty-five (45) days or less, Tenant's obligation to pay such holdover Rent and Additional Rent shall terminate on a per diem basis as of the Actual Surrender Date, however if the Actual Surrender Date is earlier than forty-five (45) days prior to the Holdover Notice Date, Tenant's holdover Rent and Additional Rent shall cease as of the date which is forty-five (45) days prior to the Holdover Notice Date, or (b) is later than the Holdover Notice Date, Tenant's obligation to pay holdover Rent and Additional Rent shall cease as of the Actual Surrender Date, provided that Tenant shall have no right to holdover beyond the earlier to occur of fifteen (15) days after the Holdover Notice Date or the expiration of the one hundred twenty (120) period specified in the first sentence of this Article 16 above. By way of example only, and not as a limitation upon the foregoing, if the Holdover Notice indicates that the Holdover Notice Date is ninety (90) days after the expiration of the Lease Term or applicable Extension Term, Tenant shall be permitted to holdover until the date which is one hundred five (105) days after the expiration of the Lease Term or applicable Extension Term and Tenant's obligation to pay holdover Rent and Additional Rent shall be prorated on a per diem basis until the later of the forty-fifth (45th) day after the expiration of the Lease Term or applicable Extension Term or the Actual Surrender Date. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant (except as expressly provided in this Article 16 above), and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration of the Lease Term (or the period specified in clause 16(b) above, as applicable). 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 PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Tenant fails to surrender the Premises within the period specified in this Article 16 above, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys' fees) and liability resulting from such expiration failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender (including such tenant's lost profits) and any lost profits to Landlord resulting therefrom, provided Landlord promptly notified Tenant in writing of any lease or terminationsigned letter of intent for all or any portion of the Premises.

Holding Over. If (a) Tenant remains must obtain the prior consent of Landlord in order to remain in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Leaseend. If Tenant remains in possession of the Premises after Lease end without obtaining the expiration or earlier termination prior consent of Landlord: (i) such holdover shall not be deemed to be a renewal of this Lease without Landlord's consent as required above, Tenant's continued possession but shall be deemed to create a month-to-month term which may be terminated by either party on twenty (20) days’ written notice to the basis other party. In the event that any such holdover exists, all of a tenancy at sufferance the terms and provisions of this Lease shall be applicable during such holdover period, except that Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental Rent in effect on the termination date computed on a daily basis for each day of the holdover period.; and (ii) Tenant shall reimburse Landlord within thirty (30) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably determined be requested by Landlord) Tenant, for all reasonable out-of-pocket costs, expenses, fees, charges or penalties incurred or payable by Landlord in connection with any other tenant or lease for the Premises resulting from the delay by Tenant in surrendering the Premises in accordance with the provisions of this Lease, including, without limitation, penalties or holdover rent paid or credit given to the next tenant for the Premises as a result of late delivery to such tenant of the Premises. (iib) two If Tenant remains in possession of the Premises after Lease end with the prior consent of Landlord, such occupancy shall be a tenancy from month-to-month on all of the terms of this Lease and provisions of Utah law applicable to a month-to-month tenancy (which tenancy shall be terminable as of the end of any calendar month by written notice given by either Party to the other at least fifteen (15) days prior to the end of the month concerned) at a rental (and not as a penalty) in the amount of one hundred twenty-five percent (200125%) of the Monthly last Rent and Additional Rent payable by Tenant to Landlord each month of such occupancy thereafter, plus all other charges payable under this Lease for the last full month prior Lease. (c) Notwithstanding anything contained in this Paragraph 17.2 to the contrary, on any termination of this Lease pursuant to Paragraphs 13 or 14, Tenant shall have up to thirty (30) days to surrender the Premises after the effective date of such termination, and the provisions of this Paragraph 17.2 shall not be applicable until after the expiration or terminationof such thirty (30)-day period.

Holding Over. Tenant shall vacate the Premises on or before the Termination Date. If Tenant remains in retains possession of all or any part of the Premises ------------ after beyond the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion)Termination Date, Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease possession shall be deemed to have terminated and shall be inapplicable thereto. against Landlord's acceptance of rent after will unless Landlord consents to such holding over with Landlord's written consent shall not result possession in any other tenancy or in a renewal of the original term of this Leasewriting. If Tenant remains in possession of all or any part of the Premises after the expiration or earlier termination of this Lease Termination Date without Landlord's consent written consent: (a) Tenant shall pay Landlord 1/15th of the Base Rent payable for the last month of the Lease Term for each day that Tenant holds possession of any part of the Premises after the Termination Date; (b) Tenant's occupancy of the Premises shall be solely as required abovea tenant at sufferance and no notice of termination shall be necessary in order to recover possession; (c) Tenant's use of the Premises otherwise shall be subject to all applicable terms and conditions of this Lease; and (d) in addition to such other remedies as may be available to Landlord at law or in equity, Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, damages, losses, liabilities and costs arising from or related to Tenant's continued possession possession, including without limitation reasonable attorneys', brokers' and consultants' fees, costs and expenses. Notwithstanding anything set forth in this Article 2 to the contrary, Tenant shall have the one-time right to extend the Lease Term for a short-term hold-over period (the "HOLDOVER OPTION") by giving Landlord written notice exercising the Holdover Option not less than 12 months before the then-applicable Expiration Date, which notice shall specify the duration of the hold-over period (the "HOLDOVER TERM") that Tenant elects (which Holdover Term shall be on not less than one month or more than six months). Tenant may not exercise the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or termination.Holdover Option if there is a

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's ’s occupancy shall be a month-to-month tenancy at a rent equal agreed upon by Landlord and Tenant in writing; provided, however, if Landlord has consented to the greater of (i) for holdover in writing, but Landlord and Tenant did not agree in writing on the first thirty (30) days of any such rent during the holdover period, one hundred twenty-five percent (125%), and for each day of the monthly rent during the holdover period thereafter, shall be one hundred fifty percent (150%), ) of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration or earlier termination of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead applyLease. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's ’s acceptance of rent after such holding over with Landlord's ’s written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above’s consent, Tenant's ’s continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) for the first thirty (30) days of such holdover without consent, one hundred twenty-five fifty percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200150%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or termination, (ii) for the thirty-first (31st) through sixtieth (60th) days of any such holdover without consent, the aforementioned percentage shall increase to one hundred seventy percent (175%) and (iii) thereafter during such holdover without consent, the percentage shall be increased to two hundred percent (200%).

Holding Over. If Upon written consent from the Landlord, if Tenant remains ------------- in possession of the Premises ------------ after the expiration or earlier termination of this Lease with without executing a new lease, it will be deemed to be occupying the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be Premises as a tenant from month-to-month tenancy at a (regardless of whether rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%is reserved annually or monthly hereunder), and for each day of subject to all the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration provisions of this Lease or (ii) to the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing extent that they can be applicable to a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights the minimum rental for each month (the "Monthly Holdover Rental") will be one hundred twenty percent (120%) of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable theretoBase Monthly Rental. Landlord's acceptance of rent after such holding over with If without Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required aboveLease, Tenant's continued possession shall be on the basis of a tenancy at sufferance and (a) Tenant shall pay as Landlord the Monthly Rent Holdover Rental for each month (or portion thereof) during such holdover period, and (b) if such possession by Tenant continues for more than thirty (30) days after the holdover period an amount equal expiration of this Lease, Tenant shall be liable to the greater of Landlord for and indemnify Landlord against (i) one hundred twenty-five percent (125%) the loss of the fair market rental (as reasonably determined benefit of the bargain if any tenant obtained by Landlord) Landlord for all or any part of the Premises or (a "New Tenant") shall terminate its lease by reason of the holding over by Tenant, and (ii) two hundred percent (200%) of any claim for damages by any New Tenant, provided that Landlord gives written notice to Tenant on or after the Monthly Rent and Additional Rent payable under expiration date for this Lease for that Landlord intends to enforce such indemnification if Tenant does not vacate the last full month prior to Premises within thirty (30) days from the date of such expiration or terminationnotice.

Holding Over. If Tenant remains in possession of the Premises ------------ holds over after the expiration of the Lease Term hereof, with or earlier termination of this Lease with without the express written or implied consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy such tenancy shall be a from month-to-month tenancy only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount rate equal to the greater of (i) one hundred twentyfifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, or (ii) the fair market face or stated rental rate for the Premises as of the end of the Lease Term; provided however that, notwithstanding the foregoing, in the event Landlord has executed a letter of intent or lease proposal with another tenant to occupy all or any portion of the Premises, Base Rent shall he payable at a monthly rate equal to the greater of (A) one hundred seventy-five percent (125175%) of the fair market rental (as reasonably determined by Landlord) for the Premises or first three (ii3) months, and two hundred percent (200%) 804296.08/LAH4321-047/10-7-08/nng/law -00- XXXXX XXXX XXXXX[Xxxxx Xxxx Lease] thereafter, of the Monthly Base Rent and Additional Rent payable applicable during the last rental period of the Lease Term under this Lease Lease, or (B) the fair market face or stated rental rate for the last full month prior Premises as of the end of the Lease Term. For the purpose of this Article 16, "fair market face or stated rental rate" shall mean the face or stated rental rate then being paid on new leases for non-encumbered, non-sublease, non-equity space comparable to the date Premises located in the Comparable Buildings, which new leases contain tenant concessions in amounts then customarily provided by the landlords of the Comparable Buildings with respect to the lease of such space. In the event that on or before thirty (30) days following the end of the Lease Term (for purposes of this Article 16, the "Outside Agreement Date") Landlord and Tenant are unable to agree on the fair market face or stated rental rate, then each party shall make a separate determination of such rate and provide such determination in writing to the other party within five (5) business days, and such determination shall be submitted to arbitration in accordance with the same procedures as set forth in Sections 1.5.6.5.1 through 1.5.6.5.5 of this Lease. Any month-to-month tenancy hereunder shall be subject to every other term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or terminationother termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant remains in retains possession of any part of the Premises after the end of the Term or termination of Tenant’s right to possession of the Premises ------------ after (it being agreed that Tenant’s failure to timely remove Tenant’s Property or the expiration or earlier termination Required Removables from the Premises shall also be considered a retention of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretionPremises by Tenant), Tenant's occupancy then such retention of possession shall be considered a tenancy “at will” or “sufferance” (and not a month-to-month tenancy at a rent equal to the greater of (itenancy) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%)entire Premises, and for each day Tenant shall pay Rent during such holding over at a rate equal to 125% of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly rate used to calculate gross monthly Rent and Additional Rent payable in effect under this Lease during immediately preceding such holding over for the last full month prior first 30 days of such holdover, and thereafter at a rate equal to 150% of the rate used to calculate gross monthly Rent in effect under this Lease immediately preceding such holding over, computed on a weekly basis for each week or partial week that Tenant remains in possession. In addition to the date payment of the expiration amounts provided above, if such holdover extends beyond sixty (60) days and Landlord is unable to timely deliver possession of any part of the Premises to a new tenant as a result of Tenant’s holdover then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages that Landlord suffers from the holdover. The provisions of this Lease Section 18 do not waive Landlord’s right of re-entry or (ii) the then fair market rental (as reasonably determined right to regain possession by Landlord) for the Premises; provided, however, if Landlord and Tenant agree actions at Law or in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation equity or any other rights or options pertaining to additional space in the Building contained in this Lease hereunder, and any receipt of payment by Landlord shall not be deemed a consent by Landlord to have terminated Tenant’s remaining in possession or be construed as creating or renewing any lease or right of tenancy between Landlord and shall be inapplicable theretoTenant. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal Notwithstanding anything herein to the contrary, pursuant to Section 91.001(c) of the original term of this Lease. If Texas Property Code, Landlord and Tenant remains in possession of the Premises specifically agree that no notice to terminate Tenant’s tenancy hereunder will be required from and after the expiration or earlier termination of the Term of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) under Section 91.001 or Section 24.005 of the fair market rental (as reasonably determined by Landlord) for Texas Property Code before Landlord files a forcible detainer suit on grounds that the Premises or (ii) two hundred percent (200%) tenant is holding over beyond the end of the Monthly Rent rental term or renewal period (if any) hereof; and Additional Rent payable under this Lease for any sublease hereunder shall not be approved unless it also contains a specific comparable waiver by the last full month prior to the date of such expiration or terminationsubtenant thereunder.

Holding Over. If Any holding over by Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of the Term of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion)term shall include, Tenant's occupancy without limitation, the failure of Tenant or any Tenant Party to perform all of its obligations under Section 16.4 above) shall be treated as a month-to-month monthly tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), will and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay as a use and occupancy charge an amount (the “Holdover Charge”) equal to: (a) One hundred percent (100%) of the Annual Fixed Rent calculated (on a daily basis) at the rate payable under the terms of this Lease for the last month of the then Term for the initial thirty (30) days of such holding over; (b) One hundred fifty percent (150%) of the Annual Fixed Rent calculated (on a daily basis) at the rate payable under the terms of this Lease for the last month of the then Term for the subsequent sixty (60) days of such holding over; and (c) Two hundred percent (200%) of the Annual Fixed Rent calculated (on a daily basis) at the rate payable under the terms of this Lease for the last month of the then Term for the balance of the term of such holding over. (d) Plus in, all cases, one hundred percent (100%) of all Additional Rent otherwise due and payable hereunder. Each of the foregoing holding over periods shall be measured from the day on which Tenant’s hold-over commences and shall terminate on the day on which Tenant vacates the Premises. In addition to the foregoing, if Tenant holds over in the Premises for more than one hundred twenty (120) days after the expiration of the then Term, Tenant shall save Landlord, its agents and employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all direct and actual damages (exclusive of any consequential damages) which Landlord may suffer on account of Tenant’s holding over in the Premises after the expiration or prior termination of the Term of this Lease, except that any renewal options, expansion options, such Holdover Charge and the reimbursement for all direct and actual damages being Landlord’s sole and exclusive rights and remedies against Tenant in the case of first refusal, rights Tenant’s holding over in the Premises beyond the expiration of first negotiation or the then Term of the Lease. Nothing in the foregoing nor any other rights term or options pertaining to additional space in the Building contained in provision of this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal permit Tenant to retain possession of the original term of this Lease. If Tenant remains Premises or hold over in possession of the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Office Area or the Premises upon the expiration or termination of this Lease without Landlord's consent as required aboveor, Tenant's continued possession if applicable, the expiration of any occupancy in accordance with the holdover provisions of this Section 16.18, shall be on conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the basis proceeds of a tenancy such sale and apply the same, at sufferance and Tenant shall pay as Monthly Rent during its option against the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) expenses of the fair market rental (as reasonably determined sale, the cost of moving and storage, any arrears of rent or other charges payable hereunder by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent Tenant to Landlord and Additional Rent payable any damages to which Landlord may be entitled under this Lease for the last full month prior to the date of such expiration or terminationand at law and in equity.

Holding Over. If Tenant remains in possession of the Premises ------------ holds over after the expiration of the Lease Term hereof, with or earlier termination of this Lease with without the express written or implied consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy such tenancy shall be a from month-to-month tenancy only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at a rent monthly rate equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market greater of (i) the Base Rent applicable during the last rental (as reasonably determined by Landlord) for period of the Premises Lease Term under this Lease or (ii) two the fair market rental rate for the Premises as of the commencement of such holdover period; provided, however, that if Tenant holds over after the expiration of the Lease Term hereof with the express consent of Landlord, in such case Base Rent shall be payable (x) for the first (1st) thirty (30) days following expiration of the Lease Term at a monthly rate equal to the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (y) thereafter, one hundred twenty-five percent (200125%) of the Monthly greater of (i) the Base Rent and Additional Rent payable applicable during the last rental period of the Lease Term under this Lease or (ii) the fair market rental rate for the last full month prior to Premises as of the date commencement of such holdover period. Such month-to-month tenancy shall be subject to every other term, covenant and agreement contained herein. Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or terminationother termination of this Lease. The provisions of this Section 20 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all Claims resulting from such failure, including but not limited to, any Claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom.

Holding Over. If In the event that Tenant remains in possession of shall not immediately surrender the Premises ------------ after to Landlord on the expiration Expiration Date or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease Tenant shall be deemed to have terminated be a tenant-at-will upon all of the terms and provisions of this Lease at 175% of Tenant's then current Rent, except the monthly Basic Rent shall be inapplicable thereto. Landlordpaid in accordance with the following schedule, provided Tenant gives Landlord nine (9) months prior written notice of Tenant's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal desire to Holdover and the duration of the original term Holdover Term: (i) Months one (1) through three (3): 125% of this Lease. If Tenant remains in possession Tenant's then current rental; (ii) Months four (4) through six (6): 150% of Tenant's then current rental; (iii) thereafter at 175% of Tenant's then current rental of the Premises monthly Basic and Additional Rent in effect during the last month of the Term. Notwithstanding the foregoing, if Tenant shall hold over after the expiration Expiration Date or earlier termination of this Lease Lease, and Landlord shall desire to regain possession of the Premises, then Landlord may forthwith re-enter and take possession of the Premises without Landlord's consent as required process, or by any legal process in force in the Commonwealth of Virginia. Tenant shall indemnify Landlord against all liabilities and damages sustained by Landlord by reason of such retention of possession. Notwithstanding the above, Tenant's continued possession shall there will be no consequential damages if Tenant abides by the mutual agreement on the basis Holdover Term. Tenant will not be considered in Holdover if Tenant and Landlord are negotiating to renew the Term of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for and the last full month prior to the date of such expiration or terminationextension is ultimately executed.

Holding Over. If Tenant remains in possession of the Premises ------------ holds over after the expiration or earlier termination of this the Lease Term, with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy such tenancy shall be a from month-to-month tenancy only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at a rent equal to the greater monthly rate of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five ten percent (125110%), and for each day ) of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Base Rent and Additional Rent payable under this Lease applicable during the last full month prior to the date rental period of the expiration of Lease Term under this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead applyLease. Except as provided in the preceding sentence, the Such month-to-month tenancy shall be on the terms subject to every other applicable term, covenant and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building agreement contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Leaseherein. If Tenant remains holds over after the expiration of the Lease Term without the express written consent of Landlord, such tenancy shall be a tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in such case daily damages in any action to recover possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of calculated at a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount daily rate equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market Base Rent applicable during the last rental period of the Lease Term under this Lease (as reasonably determined by Landlordcalculated on a per diem basis) for the Premises or first six (ii6) two months of such holdover and one hundred fifty percent (200150%) of the Monthly Base Rent applicable during the last Lease Month of the Lease Term (calculated on a per diem basis) thereafter. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Additional Rent payable under Landlord expressly reserves the right to require Tenant to vacate and deliver possession of the Premises to Landlord as provided in this Lease upon the 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 tenancy, provided Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. Tenant acknowledges that any holding over without Landlord’s express written consent may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to vacate and deliver the Premises within sixty (60) days following the termination or expiration of this Lease, and Landlord has not consented in writing to such holdover, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims made by any succeeding tenant founded upon such failure to vacate and deliver, and any losses suffered by Landlord, including lost profits and damages, resulting from such failure to vacate and deliver. Tenant agrees that any proceedings necessary to recover possession of the Premises, whether before or after expiration of the Lease Term, shall be considered an action to enforce the terms of this Lease for purposes of the last full month prior to the date awarding of such expiration or terminationany attorney’s fees in connection therewith.

Holding Over. If Tenant remains in possession of possesses the Premises ------------ after the expiration Term expires or earlier termination of this Lease is otherwise terminated without executing a new lease but with the express Landlord's written consent of Landlord (which consent may be given or withheld by Landlord in Landlord's its sole discretion) (such period being hereinafter referred to as (the "Permitted Holdover Period"), Tenant's occupancy shall Tenant is deemed to be occupying the Premises during the Permitted Holdover Period as a tenant from month-to-month tenancy at a rent equal month, subject to the greater of (i) for the first thirty (30) days of any such holdover periodall provisions, one hundred twenty-five percent (125%), conditions and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration obligations of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that applicable to a different monthly rent shall apply during such month-to-month tenancy, then except that (a) Rent during the monthly rent specified in such written agreement shall instead apply. Except as provided Permitted Holdover Period will equal 125% of the greater of (i) the Rent payable by Tenant in the preceding sentence, last Lease Year of the month-to-month tenancy shall be Term or (ii) the basic rent and additional rent (on a daily basis) Landlord charges during the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space Permitted Holdover Period on new leases in the Building contained in this Lease shall be deemed Property for space similar to have terminated the Premises, and shall be inapplicable thereto(b) either Landlord or Tenant may terminate the Permitted Holdover Period at any time upon thirty (30) days prior written notice to the other party. Landlord's acceptance of rent after The permitted Holdover Period will not exceed three months. If Landlord does not give its written consent to such holding over with Landlord's by Tenant and Tenant nevertheless possesses the Premises after the Term expires or is otherwise terminated, or if Landlord gives its written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If as provided above but Tenant remains in possession of the Premises after the expiration or earlier termination of the Permitted Holdover Period, Tenant is deemed to be occupying the Premises without claim of right (but subject to all terms and conditions of this Lease without Landlord's consent as required aboveLease) and, in addition to Tenant's continued liability for failing to surrender possession shall be on of the basis Premises as provided in Section 18.1, Tenant will pay Landlord a charge for each day of a tenancy at sufferance and Tenant shall pay as Monthly Rent during occupancy after expiration of the holdover period Term (or after the expiration of the Permitted Holdover Period, if applicable) in an amount equal to double the greater of Tenant's then-existing Rent or the basic rent and additional rent (ion a daily basis) one hundred twenty-five percent (125%) Landlord charges at the time of the fair market rental (as reasonably determined by Landlord) for holdover on new leases in the Premises Property or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior space similar to the date of such expiration or terminationPremises.

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's ’s occupancy shall (unless otherwise expressly agreed to by the parties in writing) be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), ) of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead applyLease. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's ’s acceptance of rent after such holding over with Landlord's ’s written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above’s consent, Tenant's ’s continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) for the first month of such holdover, one hundred twenty-five fifty percent (125150%) of the fair market rental (as reasonably determined by Landlord) for Monthly Rent and Additional Rent payable under this Lease during the Premises or last full month prior to the date of the expiration of this Lease and (ii) thereafter, such percentage shall increase to two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for during the last full month prior to the date of such the expiration or terminationof this Lease.

Holding Over. If Tenant remains in shall pay Landlord for each day Tenant retains possession of the Premises ------------ or part of them after the expiration or earlier termination of this Lease with by lapse of time or otherwise at the express written consent of Landlord rate (“Holdover Rate”) which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (ia) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent One Hundred Fifty Percent (150%), ) of the Monthly amount of the Annual Rent and Additional Rent payable under this Lease during for the last full month period prior to the date of the expiration such termination plus Tenant’s Proportionate Share of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) Expenses and Taxes under Article 4 for the Premises; providedfirst one (1) month of any such holdover, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (ib) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent Two Hundred Percent (200%) of the Monthly amount of the Annual Rent and Additional Rent payable under this Lease for the last full month period prior to the date of such expiration termination plus Tenant’s Proportionate Share of Expenses and Taxes under Article 4 for any subsequent holdover, in either case, prorated on a daily basis, and, in the event Tenant holds over for more than thirty (30) days after Landlord provides written notice to Tenant that Landlord has entered or is entering into a lease with third party tenant for all or any portion of the Premises, Tenant shall also pay all damages, including, without limitation consequential damages, sustained by Landlord by reason of such retention. If Landlord gives notice to Tenant of Landlord’s election to such effect, such holding over shall constitute renewal of this Lease for a period from month to month at the Holdover Rate, but if the Landlord does not so elect, no such renewal shall result notwithstanding acceptance by Landlord of any sums due hereunder after such termination; and instead, a tenancy at sufferance at the Holdover Rate shall be deemed to have been created. In any event, no provision of this Article 14 shall be deemed to waive Landlord’s right of reentry or any other right under this Lease or at law.

Holding Over. If (a) Tenant remains must obtain the prior consent of Landlord in order to remain in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Leaseend. If Tenant remains in possession of the Premises after Lease end without obtaining the expiration prior consent of Landlord: (i) such occupancy shall constitute an unlawful detainer of the Premises (and Tenant shall be subject to an unlawful detainer action therefor), for which period of occupancy Tenant shall pay to Landlord a rental (and not a penalty) in the amount of one hundred fifty percent (150%) of the last Rent payable by Tenant to Landlord, plus all other charges payable under this Lease; and (ii) Tenant shall reimburse Landlord within thirty (30) days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, for all reasonable out-of-pocket costs, expenses, fees, charges or earlier termination penalties incurred or payable by Landlord in connection with any other tenant or lease for the Premises resulting from the delay by Tenant in physically vacating the Premises or removing Tenant’s Property, including, without limitation, penalties or holdover rent paid or credit given to the next tenant for the Premises as a result of late delivery to such tenant of the Premises. (b) If Tenant remains in possession of the Premises after Lease end with the prior consent of Landlord, such occupancy shall be a tenancy from month-to-month on all of the terms of this Lease without Landlord's consent as required above, Tenant's continued possession and provisions of Utah law applicable to a month-to-month tenancy (which tenancy shall be on terminable as of the basis end of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal any calendar month by notice given by either Party to the greater other at least fifteen (15) days prior to the end of the month concerned) at a rental (and not as a penalty) in the amount of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined last Rent payable by Landlord) Tenant to Landlord for the Premises or first month of such occupancy, plus all other charges payable under this Lease, and (ii) two one hundred fifty percent (200150%) of the last Rent payable by Tenant to Landlord for each month of such occupancy thereafter, plus all other charges payable under this Lease. (c) In lieu of any then-existing option to extend the then-existing period constituting the Term set forth in Paragraph 3.3 (or if all such options previously have been exercised), Tenant shall have one option to hold over beyond the then-existing period constituting the Term for any number of full calendar months up to six (6) full calendar months, provided that Tenant gives Landlord written notice of the exercise of such option, designating the number of full calendar months (up to six (6) full calendar months) selected by Tenant, on or before the date that is six (6) months prior to the expiration of the then-existing period constituting the Term, and that at the time such notice is given and on the commencement of the holdover term: (i) this Lease is in full force and effect; (ii) no Tenant Default then exists; and (iii) Tenant has not assigned this Lease or subleased all or any portion of the Premises under any then-existing sublease (excluding any Non-Consent Transfer), and such holdover is not being made in connection with or for the purpose of facilitating any such assignment or sublease. Such holdover term shall commence at 12:01 a.m. on the first day following the expiration of the then-existing period constituting the Term under this Lease. During such holdover term, all provisions of this Lease shall apply, except that the amount of the Basic Monthly Rent and Additional during such holdover term shall be one hundred twenty-five percent (125%) of the Basic Monthly Rent payable by Tenant under this Lease for the last full final calendar month prior of the period constituting the Term in which such option is exercised. If Tenant timely exercises such option, the Parties shall promptly enter into another amendment to this Lease reflecting the new Expiration Date of this Lease and the Basic Monthly Rent applicable during the holdover term, and any remaining options to extend under this Lease shall have no further force or effect. If Tenant fails to exercise such option in a timely manner, such option shall automatically terminate and cease to have any further force or effect. (d) Notwithstanding anything contained in this Paragraph 17.2 to the contrary, on any termination of this Lease pursuant to Paragraphs 8.4(b), 13 or 14, Tenant shall have up to thirty (30) days to surrender the Premises after the effective date of such termination, and the provisions of this Paragraph 17.2 shall not be applicable until after the expiration or terminationof such thirty (30)-day period.

Holding Over. If In the event of holding over by Tenant remains in possession of the Premises ------------ after the expiration or earlier termination tars~lnatlon of this Lease with lease Nlthout the express written pclor weltten consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy Tenant shall be a month-to-month tenancy at a rent equal to pay, as liquidated damages, the greater amount of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), 150X) of the Monthly Rent nonthly rental (including all tase Rental and Tenant's Additional Rent payable under this Lease during the last full month prior Rental) Nhich was due end peyable l~ediately pclor to the date expiration or termination of this Lease, for the entire holdover period. Ro holdine over by Tenant after the term of this lease ahall be construed to extend the lease; In the event of eny unauthorized holding over, Tenant shall also Indemnify Landlord against all claims or de~agea by eny other tenant to whon Landlord a~ay have leased all or any part of the expiration leased premises effective upon the termination of this Lease or (ii) lease. Any holding over with the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if prior consent of Landlord and Tenant agree in writing that a different monthly rent shall apply during such monththereafter constitute thla lease e Leesx xxxm e;onth-to-month tenancyany holding over without the prior consent of Landlord In writing shall create a temncy at sufferance relationship with Tenant. As used in this lease, the tera aMarket Base Rental Rate" shall _an the annual rental rates then the monthly rent specified in such written agreement shall instead apply. Except as provided being charged in the preceding sentence"North Belt" area of Houston, Texas, for space comparable to the month-to-month tenancy space for which the Market Base Rental Rate is being determined (taking Into consideration age, use, location and/or floor level within the applicable building, definition of net rentable area leasehold The Borrower hereby covenants and agrees that, so long as any Lender shall be on the terms and conditions of this Leasehave any Commitment hereunder, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any Revolving Loan or other rights Obligation shall remain unpaid or options pertaining to additional space unsatisfied, unless the Majority Lenders waive compliance in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or termination.writing:

Holding Over. If 27.1. Tenant remains in shall have the option to hold possession of the Premises ------------ after the Term for a period of up to one hundred twenty (120) days upon providing Landlord with at least one hundred twenty (120) days’ prior written notice (“Permitted Holdover Period”); provided that such written notice shall set forth the exact length of the Permitted Holdover Period. In such case Tenant shall continue to pay (a) Base Rent in accordance with Article 7 and (b) any amounts for which Tenant would otherwise be liable under this Lease if the Lease were still in effect, including payments for Tenant’s Share of Operating Expenses. Any such Permitted Holdover Period shall be subject to every other term, covenant and agreement contained herein. 27.2. If, with Landlord’s prior written consent, Tenant holds possession of all or any part of the Premises after the Term (or after the Permitted Holdover Period, if applicable), Tenant shall become a tenant from month to month after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%)Term, and in such case Tenant shall continue to pay (a) Base Rent in accordance with Article 7 and (b) any amounts for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable which Tenant would otherwise be liable under this Lease during if the last full month prior to the date Lease were still in effect, including payments for Tenant’s Share of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during Operating Expenses. Any such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on subject to every other term, covenant and agreement contained herein. 27.3. Notwithstanding the terms and conditions of this Leaseforegoing, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If if Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease the Term (or the Permitted Holdover Period, if applicable) without Landlord's consent as required above’s prior written consent, Tenant's continued possession (a) Tenant shall become a tenant at sufferance subject to the terms and conditions of this Lease, except that the monthly rent shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five fifty percent (125150%) of the fair market rental Rent in effect during the last thirty (as reasonably determined by Landlord30) for the Premises or (ii) two hundred percent (200%) days of the Monthly Rent Term, and Additional Rent payable under this Lease (b) Tenant shall be liable to Landlord for the last full month prior to the date any and all damages suffered by Landlord as a result of such expiration holdover, including any lost rent or terminationconsequential, special and indirect damages.

Holding Over. If Tenant remains in provides written notice (the “Holdover Notice”) to Landlord at least sixty (60) days prior to the end of the Term, Tenant shall have the right to retain possession of all or any part of the Premises ------------ after the expiration or earlier termination of this Lease with by lapse of time or otherwise for a period of up to sixty (60) days (the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion“Permitted Holdover Period”), Tenant's occupancy in which event Tenant shall be pay to Landlord until the date Tenant vacates the Premises a month-to-month tenancy at a daily rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent rate of all base rent and Additional Expenses in effect during the last month of the Term (the “Holdover Rent”). The Holdover Notice shall specify the number of days (up to sixty [60]) that Tenant intends to holdover in the Premises (which shall then become the number of days that Tenant is permitted to hold over in the Premises) and shall be accompanied by the full amount of the Holdover Rent payable under for such number of days; provided that (notwithstanding the number of days Tenant elects to include in the Permitted Holdover Period specified in the Holdover Notice) Tenant shall be obligated to pay to Landlord Holdover Rent for the actual number of days Tenant holds over in the Premises. Tenant shall pay Landlord for each day Tenant retains possession of the Premises or part of them after termination of this Lease by lapse of time or otherwise at the rate (“Holdover Rate”) which shall be Two Hundred Percent (200%) of the greater of (a) the amount of the Annual Rent for the last full month period prior to the date of such termination plus all Rent Adjustments under Article 4; and (b) the then market rental value of the Premises as 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 If Tenant retains possession of the Premises or part of them after the expiration of the Permitted Holdover Period without the express written consent of Landlord, it shall constitute an immediate material Event of Default without the need to give any notice to Tenant or provide any right of Tenant to cure, and Landlord shall have all rights and remedies available to Landlord under Article 19, at law or in equity. also pay all damages sustained by Landlord by reason of such retention. If Landlord gives notice to Tenant of Landlord’s election to such effect, such holding over shall constitute renewal of this Lease for a period from month to month or one (1) year, whichever shall be specified in such notice, in either case at the Holdover Rate, but if the Landlord does not so elect, no such renewal shall result notwithstanding acceptance by Landlord of any sums due hereunder after such termination; and instead, a tenancy at sufferance at the Holdover Rate shall be deemed to have been created. Except as expressly provided herein, In any event, no provision of this Article 14 shall be deemed to waive Landlord’s right of reentry or any other right under this Lease or at law.

Holding Over. If Tenant remains in Sub-Subtenant holds possession of the Premises ------------ or any portion thereof after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion)Sub-Sublease, Tenant's occupancy then Sub-Subtenant shall be become a month-to-month tenancy tenant at sufferance only, at a rent sublease base rental rate equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), ) of the Monthly Base Rent and Additional Rent payable under this Lease during the last full month prior to in effect upon the date of the such expiration of this Lease or termination, plus all additional rent payable by Sub-Subtenant hereunder (iipro-rated on a daily basis) the then fair market rental (as reasonably determined by Landlord) for the Premises; providedsuch amounts, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentencecollectively, the month“Holdover Rent Payments”). Acceptance by Sub-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance Sublandlord of rent after such holding over with Landlord's written consent expiration or termination date shall not result in any other tenancy or in a renewal of the original term of this LeaseSub-Sublease and shall not waive or modify Sub-Sublandlord’s rights to pursue any and all legal remedies available to Sub-Sublandlord under applicable law with respect to such holding over by Sub-Subtenant. If Tenant remains in possession of the Premises It is acknowledged that if Sub-Subtenant holds over after the expiration or earlier termination of this Lease without Landlord's consent as required aboveSub-Sublease, Tenant's continued possession shall Sub-Sublandlord may be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the subject to holdover period an amount equal rent with respect to the greater of Subleased Premises. Accordingly, (i) one hundred twentySub-five percent (125%) Sublandlord expressly reserves the right to require Sub-Subtenant to surrender possession of the fair market rental (as reasonably determined by Landlord) for Premises upon the Premises expiration of the Term or upon the earlier termination hereof and the right to assert any remedy at law or in equity to evict Sub-Subtenant and/or collect damages in connection with any such holding over, and (ii) two hundred percent Sub-Subtenant shall indemnify, defend and hold Sub-Sublandlord harmless from and against any and all Claims, including, without limitation, attorneys’ fees incurred or suffered by Sub-Sublandlord by reason of Sub-Subtenant’s failure to surrender the Premises on the expiration or earlier termination of this Sub-Sublease in accordance with the provisions of this Sub-Sublease (200%including, without limitation, the cost of all rent and holdover amounts payable by, and all indemnification and other obligations of, Sub-Sublandlord (including, without limitation, under the Sublease and the Master Lease) that are caused by or result from Sub-Subtenant’s holdover) to the extent greater than the Holdover Rent Payments, unless Sub-Subtenant has vacated the Premises in accordance with the terms hereof and such holdover rent with respect to the Premises is due to the negligence or willful misconduct of Sub-Sublandlord. Notwithstanding the foregoing, Sub-Subtenant shall be entitled to make separate arrangements with Sublandlord or, with the consent of Sublandlord, Master Landlord permitting Sub-Subtenant to remain in the Premises after expiration of the Monthly Rent Term, provided, that, (a) Sub-Sublandlord is released from its obligation to surrender the Premises to Sublandlord under the terms of the Sublease, and Additional Rent payable under this Lease for (b) the last full month prior Sublease terminates with respect to the date of such expiration or terminationPremises for all purposes on the Expiration Date.

Holding Over. If Tenant remains in possession shall notify Landlord of its desire to hold over following the expiration of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first Term by providing not less than thirty (30) days of prior written notice. Notwithstanding any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration provision of this Lease or (ii) to the then fair market rental (as reasonably determined by Landlord) for the Premises; providedcontrary, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy no holding over shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with permitted without Landlord's written consent shall (such consent not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without to be inferred by Landlord's silence), and Landlord shall have the right, at Landlord's option and sole discretion, to withhold its consent as required aboveto any such holdover by Tenant. In the event that Landlord shall, in the exercise of its sole and absolute discretion, without having any obligation to do so and without having its consent inferred from any inaction on Landlord's part, grant its consent to any holding over by Tenant's continued possession , any such holding over shall be on only for the basis entire Premises, and shall require Tenant to pay, for the first three (3) months of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) any such holdover, one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) Monthly Rental herein specified for the Premises or last month in the Term (iiprorated on a monthly basis), unless Landlord shall specify a lesser amount for rent in its sole discretion, together with an amount estimated by Landlord for the monthly Operating Costs payable under this Lease. Beginning with the fourth (4th) month of any such holdover, Tenant shall pay two hundred percent (200%) of the Monthly Rent and Additional Rent Rental herein specified for the last month in the Term (prorated on a monthly basis), unless Landlord shall specify a lesser amount for rent in its sole discretion, together with an amount estimated by Landlord for the monthly Operating Costs payable under this Lease. If Tenant holds over with Landlord's consent, such occupancy shall be deemed a month to month tenancy and such tenancy shall otherwise be on the terms and conditions herein specified in this Lease as far as applicable. Notwithstanding the foregoing provisions or the acceptance by Landlord of any payment by Tenant, any holding over without Landlord's consent shall constitute a default by Tenant and shall entitle Landlord to pursue all remedies provided in this Lease and Tenant shall be liable for the last full month prior to the date any and all direct or consequential damages or losses of such expiration or terminationLandlord resulting from Tenant's holding over without Landlord's consent.

Holding Over. If Tenant remains in may extend the Term for a period of up to ninety (90) days at a rent equal to one hundred ten percent (110%) of the last month’s rent and thereafter for an additional period of up to ninety (90) days at a rent equal to one hundred twenty–five percent (125%) of the last month’s rent by giving Landlord written notice thereof at least four (4) months prior to the scheduled expiration of the Term, which notice shall specify the length of time Tenant will extend the Term. Thereafter, Tenant will not be permitted to hold over possession of the Premises ------------ without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of this the Lease with Term (as the same may have been extended as provided in the preceding sentence) without the express written consent of Landlord Landlord, then, in addition to all other remedies available to Landlord, Tenant shall become a tenant at sufferance only, upon the terms and conditions set forth in this Lease so far as applicable (which consent may be withheld in Landlord's sole discretionincluding Tenant’s obligation to pay Tenant’s Share of Direct Expenses and Utilities Costs and any other additional rent under this Lease), Tenant's occupancy shall be a month-to-month tenancy but at a rent Base Rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), ) of the Monthly Base Rent and Additional Rent payable under this Lease during applicable to the last full month Premises immediately prior to the date of the such expiration of this Lease or (ii) the then fair market rental (as reasonably determined earlier termination. Acceptance by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent expiration or earlier termination shall not constitute a consent to a hold over hereunder or result in any other tenancy or in a renewal of the original term an extension of this Lease. If Notwithstanding the foregoing, if Tenant remains in possession of the Premises after the expiration or earlier termination of the Lease Term (as the same may have been extended as provided above) with Landlord’s express written consent, Tenant shall become a tenant from month–to–month upon the terms and conditions set forth in this Lease without Landlord's consent as required above(including Tenant’s obligation to pay Tenant’s Share of Direct Expenses and Utilities Costs and any other additional rent under this Lease), Tenant's continued possession shall be on the basis of but at a tenancy at sufferance and Tenant shall pay as Monthly Base Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five fifty percent (125150%) of the fair market rental (as reasonably determined by Landlord) for Base Rent applicable to the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month immediately prior to the date of such expiration or earlier termination. Tenant shall pay an entire month’s Base Rent calculated in accordance with this Article 16 for any portion of a month it holds over and remains in possession of the Premises pursuant to this Article 16. This Article 16 shall not be construed to create any expressed or implied right to holdover beyond the expiration of the Lease Term or any extension thereof.

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's ’s occupancy shall be a month-to-month tenancy at a rent equal to agreed upon by Landlord and Tenant, but in no event less than the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), ) of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's ’s acceptance of rent after such holding over with Landlord's ’s written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above’s consent, Tenant's ’s continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five fifty percent (125150%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two one hundred seventy-five percent (200175%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or termination.

Holding Over. If Should Tenant remains in possession of (or any subtenant, assignee or other party occupying the Premises ------------ by, through, under, or with the permission of Tenant), without Landlord’s written consent, hold over after the expiration or earlier termination of this Lease with Lease, Tenant shall, at Landlord’s option, become either a tenant at sufferance, after the express written consent initial forty-five (45) days of Landlord (which consent may be withheld in Landlord's sole discretion)such holding over, Tenant's occupancy shall be or a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), tenant upon each and for each day all of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent terms herein provided as may be applicable to such a tenancy and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term constitute an extension of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required aboveDuring such holding over, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount in advance Basic Rental at a rate equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) rate in effect for the last month of the Term of this Lease for the first forty-five (45) days of such holdover (which initial forty-five (45) days shall be on a per-diem basis, and shall not create a month to month tenancy) and one hundred fifty percent (150%) of the rate in effect for the last month of the Term of this Lease thereafter. Any such payments shall be, 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 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 of the Term. If Landlord provides Tenant with at least twenty (20) 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 twenty (20) day period, or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or terminationtermination of this Lease, Tenant agrees to indemnify, defend and hold Landlord harmless from and against all costs, loss, expense or liability, including without limitation, claims made by any succeeding tenant and real estate brokers claims and attorney’s fees and costs.

Holding Over. If Should Tenant remains continue in possession of the Premises ------------ after the expiration end of the Term, such holding over shall be construed to be a tenancy from month to month only, and such monthly tenancy shall be subject to the covenants, conditions, Rules and Regulations contained or earlier termination of referred to in this Lease with the express written consent of Landlord (which consent Lease. Such tenancy may be withheld in Landlord's sole discretion), terminated by thirty (30) days prior written notice given by either party to the other. Tenant's occupancy ’s rent obligations for any period of holding over shall be a month-to-month tenancy at a rent equal to the greater of as follows: (ia) for For the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of that Tenant shall hold over after the expiration of this Lease or the Term (iithe “First Holdover Period”), subject to Section 10(d) the then fair market rental (as reasonably determined by Landlord) for the Premises; providedbelow, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining obligated to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of pay rent after such holding over with Landlord's written consent shall not result in any other tenancy or in at a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount monthly rental rate equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) Base Rent and Additional Rent due from Tenant for the last month of the Term (“First Holdover Rent”). (b) For the second thirty (30) days that Tenant shall hold over after the expiration of the Term (the “Second Holdover Period”), subject to Section 10(d) below, Tenant shall be obligated to pay rent at a monthly rental rate equal to one hundred fifty percent (150%) of the Base Rent and Additional Rent due from Tenant for the last month of the Term (“Second Holdover Rent”). (c) Beginning on the first (1st) day after the Second Holdover Period and continuing for so long as Tenant retains possession of all or a portion of the Premises or (iithe “Final Holdover Period”), subject to Section 10(d) below, Tenant shall be obligated to pay rent at a monthly rental rate equal to two hundred percent (200%) of the Monthly Base Rent and Additional Rent payable under this Lease due from Tenant for the last full month of the Term (“Final Holdover Rent”). (d) Notwithstanding anything in this Section 10 to the contrary, to the extent Tenant is holding over with respect to 75,000 Rentable Square Feet of the Premises or less, both Base Rent and Additional Rent shall be calculated during the Holdover Period solely on the number of Rentable Square Feet for which Tenant continues to retain possession. If Tenant is holding over with respect to greater than 75,000 Rentable Square Feet of the Premises, both Base Rent and Additional Rent shall be calculated on the entire number of Rentable Square Feet in the Premises on the last day of the Term. (e) Landlord and Tenant agree and acknowledge that the rent payable by Tenant for holding over during the First Holdover Period shall represent liquidated damages for such holding over, and shall be deemed a fair and equitable measure of damages for Tenant’s holding over. Beginning on the first (1st) day of the Second Holdover Period, Tenant shall also be responsible for any Actual Damages incurred by Landlord as a direct result of Tenant’s holding over. In no event shall Tenant ever be responsible for consequential damages. Nothing contained in this Section 10 shall be deemed to limit Landlord’s rights to commence and prosecute proceedings to obtain possession of the Premises, including forcible entry and detainer proceedings. (f) Notwithstanding the provisions of this Section 10 set forth above, if an event of Force Majeure shall occur prior to the date end of such expiration the First Holdover Period or terminationthe Second Holdover Period which prevents Tenant from vacating the Premises and Landlord from moving a new tenant into the Building, the First Holdover Period or the Second Holdover Period, as applicable (and Tenant’s obligation to pay First Holdover Rent or Second Holdover Rent, as applicable, thereunder), shall be extended by a number of days equal to the number of days that the event of Force Majeure shall continue, but in no event shall either the First Holdover Period or the Second Holdover Period be extended by more than sixty (60) days.

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration Term expires or earlier termination is otherwise terminated without executing a new lease but with Landlord’s prior written consent, then unless provided otherwise by Landlord in such written consent (a) Tenant is deemed to be occupying the Premises as a tenant from month-to-month, subject to all provisions, conditions and obligations of this Lease with applicable to a month-to-month tenancy, (b) Basic Rent during the express written consent holdover period will equal 125% of the greater of the Basic Rent payable by Tenant in the last year of the Term or Landlord’s then current basic rent for the Premises according to Landlord’s rental rate schedule for prospective tenants, (c) Tenant will also pay Tenant’s Share of Excess Property Expenses and all other Additional Rent applicable to such holdover period as described in this Lease, and (d) either Landlord (which consent or Tenant may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a terminate the month-to-month tenancy at a rent equal to the greater of (i) for the first any time upon thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior written notice to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Leaseparty. If Tenant remains in possession of the Premises after the expiration Term expires or earlier termination is otherwise terminated without executing a new lease and without Landlord’s prior written consent, then Tenant is deemed to be occupying the Premises without claim of right (but subject to all provisions, conditions and obligations of this Lease without Landlord's consent Lease) and, in addition to Tenant’s liability for failing to surrender possession of the Premises as required aboveprovided in Section 16.1 and all other rights and remedies of Landlord related to such holding over, Tenant's continued possession shall be on Tenant will pay Landlord a charge for each day of occupancy after the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period Term in an amount equal to the greater of (i) one hundred twenty-five percent (125%) 150% of the fair market rental (as reasonably determined Basic Rent payable by Landlord) for Tenant in the Premises or (ii) two hundred percent (200%) last year of the Monthly Rent Term (on a daily basis), plus Tenant’s Share of Excess Property Expenses and all other Additional Rent payable under applicable to such holdover period as described in this Lease for the last full month prior to the date of such expiration or terminationLease.

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease provides Landlord with the express written consent of Landlord notice (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy "HOLDOVER NOTICE") at a rent equal to the greater of (i) for the first least thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day prior to expiration of the holdover period thereafterLease Term (or any applicable Extension Term) that Tenant will be holding over in the Premises, one hundred fifty percent Tenant shall have the right (150%)and, of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior subject to the date of grace periods described below, the obligation) to hold over after the expiration of this the Lease or Term until the date (ii"HOLDOVER NOTICE DATE") the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead applyHoldover Notice (but not in excess of one hundred PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] twenty (120) days after the expiration of the Lease Term or applicable Extension Term). Except as provided in the preceding sentenceAny holdover tenancy (including without limitation, the month-to-month any holdover tenancy pursuant to a Holdover Notice) shall be on the terms subject to every applicable term, covenant and conditions of this Leaseagreement contained herein, except that any renewal options, expansion options, rights the Base Rent payable by Tenant for the Premises (irrespective of first refusal, rights the amount of first negotiation or any other rights or options pertaining space Tenant continues to additional space occupy in the Building contained in this Lease Building) shall be deemed escalated to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal equal one hundred ten percent (110%) of the original term then current Base Rent and Direct Expenses payments for the entire Premises for the first ninety (90) days of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance such holdover occupancy and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of such amount during the fair market rental next succeeding ninety (as reasonably determined by Landlord90) for the Premises or days and from and after such one hundred eighty (ii180) two day period, Rent shall equal one hundred fifty percent (200150%) of such amount thereafter; provided, however, subject to the Monthly next sentence of this Article 16, such holdover Rent and Additional Rent payable shall be prorated on a per diem basis through and including the date ("ACTUAL SURRENDER DATE") Tenant actually vacates and surrenders the Premises to Landlord in the condition required under this Lease for Lease. If Tenant properly delivers the last full month Holdover Notice and the Actual Surrender Date (a) is earlier than the Holdover Notice Date by forty-five (45) days or less, Tenant's obligation to pay such holdover Rent and Additional Rent shall terminate on a per diem basis as of the Actual Surrender Date, however if the Actual Surrender Date is earlier than forty-five (45) days prior to the Holdover Notice Date, Tenant's holdover Rent and Additional Rent shall cease as of the date which is forty-five (45) days prior to the Holdover Notice Date, or (b) is later than the Holdover Notice Date, Tenant's obligation to pay holdover Rent and Additional Rent shall cease as of the Actual Surrender Date, provided that Tenant shall have no right to holdover beyond the earlier to occur of fifteen (15) days after the Holdover Notice Date or the expiration of the one hundred twenty (120) period specified in the first sentence of this Article 16 above. By way of example only, and not as a limitation upon the foregoing, if the Holdover Notice indicates that the Holdover Notice Date is ninety (90) days after the expiration of the Lease Term or applicable Extension Term, Tenant shall be permitted to holdover until the date which is one hundred five (105) days after the expiration of the Lease Term or applicable Extension Term and Tenant's obligation to pay holdover Rent and Additional Rent shall be prorated on a per diem basis until the later of the forty-fifth (45th) day after the expiration of the Lease Term or applicable Extension Term or the Actual Surrender Date. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant (except as expressly provided in this Article 16 above), and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration of the Lease Term (or the period specified in clause 16(b) above, as applicable). 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 within the period specified in this Article 16 above, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys' fees) and liability resulting from such expiration failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender (including such tenant's lost profits) and any lost profits to Landlord resulting therefrom, provided Landlord promptly notified Tenant in writing of any lease or terminationsigned letter of intent for all or any portion of the Premises.

Holding Over. If Tenant remains in possession Upon written notice to Landlord given no later than ninety (90) days prior to the expiration of the Term, so long as no Default on the part of Tenant then exists under this Lease, Tenant shall have the one-time right to hold over in the entire Premises ------------ after upon each and all of the expiration or earlier termination of terms and conditions set forth in this Lease with the express written consent for up to three (3) successive periods of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days after the expiration of any the initial Term (such holdover period, one hundred twenty-five percent thirty (125%30) day period(s), and for each day if applicable, being the “Permitted Holdover Period”), it being the intent of the holdover period thereafterparties that the Permitted Holdover Period shall in no event exceed ninety (90) days, one hundred fifty percent in the aggregate. In consideration of Tenant’s occupancy of the Premises during the Permitted Holdover Period (150%if applicable), Tenant shall pay in advance, the amount equal to 100% of the Monthly monthly installment of Basic Rent in effect for the Premises (in its entirety) for the last month of the initial Lease Term (such amount being the “Permitted Holdover Period Rent”), in addition to, and Additional Rent payable not in lieu of, all other payments required to be made by Tenant under this Lease. If (A) Landlord fails to receive the ninety (90) days’ written notice from Tenant described in the first sentence of this Section 15.1 above, and Tenant holds over for any period after the Expiration Date (or earlier termination of the Term), or (B) after the Permitted Holdover Period (if applicable), Tenant holds over for any period after the Expiration Date (or earlier termination of the Term), then in either of such events, possession shall be subject to all of the terms of this Lease during (including, without limitation, the last full obligation to pay Tenant’s Share of Operating Expenses), except that the monthly Basic Rent shall be 150% of the total monthly Basic Rent for the month prior to immediately preceding the date of termination for each month of holdover thereafter. 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 expiration of this Lease or (ii) the then fair market rental (as reasonably determined full amount due unless otherwise agreed in writing by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on Subject to the terms and conditions of this LeaseSection 15.1 above, except if Tenant fails to surrender the Premises within 15 days after 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 (provided that Landlord shall have delivered written notice to Tenant of the existence of any renewal optionssuch succeeding tenant or prospective tenant, expansion options, rights and Tenant holds over for a period in excess of first refusal, rights thirty (30) days after Landlord’s delivery of first negotiation such notice). 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 or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable Landlord under this Lease for the last full month prior to the date of such expiration or terminationat law.

Holding Over. If Tenant remains in possession of In the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If event Tenant remains in possession of the Premises after expiration of this Lease, and without the expiration or earlier termination execution of a new lease, but with Landlord's written consent, it shall be deemed to be occupying the Premises as a tenant from month to month, subject to all the provisions, conditions and obligations of this Lease without Landlord's consent insofar as required abovethe same can be applicable to a month-to-month tenancy, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of except that (i) for the first month after the expiration of this Lease, the Base Rent shall be escalated to one hundred twenty-five fifty percent (125150%) of Landlord's then current Base Rent for the fair market Premises according to Landlord's then current rental rate schedule for prospective tenants, and (as reasonably determined by Landlordii) for the Premises or (ii) every month thereafter, the Base Rent shall be escalated to two hundred percent (200%) of landlord's then current Base Rent for the Monthly Premises according to Landlord's then current rental rate schedule for prospective tenants. In the event Tenant remains in possession of the Premises after expiration of this Lease and without the execution of a new lease and without Landlord's written consent, Tenant shall be deemed to be occupying the Premises without claim of right and Tenant shall pay Landlord for all costs arising out of loss or liability resulting from delay by Tenant in so surrendering the Premises as provided in Section 17.1 and shall pay a charge for each day of occupancy an amount equal to double the Base Rent and Additional Rent payable under this Lease (on a day basis) then currently being charged by Landlord on new leases in the Property for the last full month prior space similar to the date of such expiration or terminationPremises.

Holding Over. If Tenant remains Unless earlier terminated in possession accordance with this Lease or duly extended in accordance with this Lease, this Lease shall terminate without further notice at the expiration of the Premises ------------ Lease Term. Any holding over by Tenant after the expiration or earlier termination of this Lease shall not constitute a renewal or extension of the Lease or give Tenant any rights in or to the Leased Premises. Any holding over after such expiration with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be construed to be a month-to-tenancy from month tenancy at a to month on the same terms and conditions herein specified insofar as applicable except that the monthly rent shall equal to the greater of one twelfth (i1/12) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, higher of one hundred fifty percent (150%), ) of the Monthly Base Annual Rent and Additional Rent payable under this Lease in effect during the last full month prior to such termination or the date of then current Fair Market Rent. The current Fair Market Rent shall be determined by agreement between Landlord and Tenant within thirty (30) days following the expiration of this the Lease or Term. In the absence of such agreement as to the Fair Market Rent, it shall be determined as follows: (iia) Each party shall appoint an Appraiser within fifteen (15) days after notice of failure to agree given by one party to the other, and shall advise the other party of such appointment. On the failure of either party so to appoint an Appraiser, and to advise the other party of such appointment, the person who has been appointed as Appraiser may appoint a second Appraiser to represent the party in default. (b) The two (2) Appraisers appointed in either manner shall then fair market rental proceed to establish the Base Annual Rent for each month of the hold over period. In the event of their inability to agree upon the Base Annual Rent for each month of the hold over period within thirty (as reasonably 30) days after their appointment, then Landlord shall appoint a third Appraiser, provided however, that if the difference between the amounts respectively determined by Landlordthe LOT C two (2) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall Appraisers is not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period greater than an amount equal to the greater of (i) one hundred twenty-five ten percent (12510%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) higher of the Monthly two (2) amounts so determined, then the Base Annual Rent for each month of the hold over period in question shall be the mean of such two amounts, and Additional it shall not be necessary to appoint a third (3rd Appraiser). In the event that Landlord fails to appoint a third (3rd) Appraiser within fifteen (15) days, then, in such event, the two Appraisers appointed by the parties pursuant to 15.2(a) above shall, by agreement, appoint the third Appraiser. (c) In the event a third Appraiser is appointed, such Appraiser's determination of Base Annual Rent payable for each month of the hold over period shall be final so long as it is within the limits of the appraisals established by the Appraisers appointed by the parties pursuant to 15.2(a) above. If the third Appraiser's appraisal is not within such limits, the determination of Base Annual Rent made by an Appraiser appointed pursuant to 15.2(a) above which is the closest to that of the third Appraiser shall control. (d) Landlord and Tenant shall divide equally the charges imposed by Appraisers selected under this Lease for the last full month prior to the date of such expiration or terminationParagraph 15.2.

Holding Over. If Tenant remains in retains possession of the Premises ------------ after the termination or expiration of the Lease Term, then Tenant shall, at Landlord’s election become a tenant at sufferance (and not a tenant at will), such possession shall be subject to immediate termination by Landlord at any time, and all of the other terms and provisions of this Lease (excluding any expansion or earlier renewal option or other similar right or option) shall be applicable during such holdover period, except that in addition to any other rights or remedies Landlord may have hereunder or at law, for each day during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease with the express written consent of Lease, Tenant shall pay to Landlord a holdover charge, computed on a monthly basis for each month or part thereof during such holding over, as follows: (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (ia) for the first thirty (30) days of any such said holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, an amount equal to one hundred fifty percent (150%), ) of the Monthly Base Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be effect on the terms termination or expiration date; and conditions (b) if such holdover continues for more than thirty (30) days after the Expiration Date or sooner termination of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) 200% of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Base Rent and Additional Rent payable under this Lease for the last full calendar month prior of the Term. In addition, if such holdover continues for more than thirty (30) days after the Expiration Date or sooner termination of this Lease, Tenant shall indemnify and hold harmless Landlord for all claims, liabilities, obligations and damages incurred by Landlord arising out of or resulting from such holding over. 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 Paragraph 19(f) shall not be construed as consent for Tenant to retain possession of the date of such expiration or terminationPremises.

Holding Over. If Tenant, with or without the express or implied consent of Landlord, continues to hold and occupy the Leased Property (or any part thereof) after the expiration of the Term or earlier termination of this Lease (other than pursuant to Tenant’s purchase of the Leased Property), such holding over beyond the Term and the acceptance or collection of Rent in the amount specified below by Landlord shall operate and be construed as creating a tenancy from month to month and not for any other term whatsoever. Said month-to-month tenancy may be terminated by Landlord by giving Tenant remains in five days written notice, and at any time thereafter Landlord may re-enter and take possession of the Premises ------------ Leased Property. If, without Landlord’s consent or at Landlord’s request, Tenant continues after the expiration of the Term or earlier termination of this Lease to hold and occupy the Leased Property whether as a month-to-month tenant or a tenant at sufferance or otherwise, Tenant shall pay Rent for each month in an amount equal to the sum of [i] one and one-half (1-1/2) times the 3360\019:05/27/04 --LEASE 7 TBARKE\COLUMBIA PACIFIC XXX\XXXXX XXXXXXX Base Rent payable during the month in which such expiration or termination occurs, plus [ii] all General Additional Rent accruing during the month, plus [iii] any and all other sums payable by Tenant pursuant to this Lease. During any continued tenancy after the expiration of the Term or earlier termination of this Lease, Tenant shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by applicable law, to continue its occupancy and use of the Leased Property until the tenancy is terminated. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or termination.

Holding Over. If Tenant remains in possession of the Premises ------------ License Areas after the expiration or earlier termination of this Lease the License with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretionand any failure by Tenant to remove, or if required by Landlord pursuant to Paragraph 55.k.ii. above, any failure to disconnect from and discontinue using, any Lines following written demand for the same by Landlord shall constitute continuing possession for purposes hereof), Tenant's occupancy possession shall be a month-to-month tenancy license at a rent equal to license fee agreed upon by Landlord and Tenant, but in no event less than the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), ) of the Monthly Rent and Additional Rent license fees, if any, payable under this Lease Paragraph 55 during the last full month prior to the date of the expiration of this Lease the License or (ii) the then fair market rental license fees (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead applyLicense Areas. Except as provided in the preceding sentence, the month-to-month tenancy license shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable theretoParagraph 55. LandlordXxxxxxxx's acceptance of rent license fees after such holding over with Landlord's written consent shall not result in any other tenancy or license or in a renewal of the original term of this Leasethe License. If Tenant remains in possession of the Premises License Areas after the expiration or earlier termination of this Lease the License without Landlord's consent as required aboveconsent, TenantXxxxxx's continued possession shall be on the basis of a tenancy licensee at sufferance and Tenant shall pay as Monthly Rent a monthly license fee during the holdover period an amount equal to the greater of (i) one hundred twenty-five fifty percent (125150%) of the fair market rental license fees (as reasonably determined by Landlord) for the Premises License Areas, or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent license fees, if any, payable under this Lease Paragraph 55 for the last full month prior to the date of such expiration or termination.

Holding Over. If Tenant remains in possession of the Premises ------------ or any part thereof after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion)Term, Tenant's such occupancy shall be a month-to-month tenancy at sufferance at a rent equal to rental in the greater of (iamount of: 1) for the first thirty (30) if, not later than 90 days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date expiration of the expiration Term, Tenant delivers written notice to Landlord of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancyTenant’s intent to hold over, then (a) during the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal 60 days of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required abovehold over, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental last month’s Base Rent plus all other charges payable under this Lease and upon all of the other terms of this Lease and (as reasonably determined by Landlordb) for the Premises or (ii) two thereafter, one hundred fifty percent (200150%) of the Monthly last month’s Base Rent and Additional Rent plus all other charges payable under this Lease for and upon all of the last full month other terms of this Lease, and (2) if Tenant fails to deliver written notice to Landlord of Tenant’s intent to hold over not later than 90 days prior to the expiration of the Term, then one hundred fifty percent (150%) of the last month’s Base Rent plus all other charges payable under this Lease and upon all of the other terms of this Lease. However, if Landlord has executed a lease with another tenant for all or a portion of the Premises and any unauthorized holding over will delay or prevent Landlord from delivering possession of all or a part of the Premises to another tenant or from commencing work to make all or part of the Premises available to another tenant, and Landlord has delivered written notice to Tenant specifying the same, then from the date of Landlord's delivery of such notice the rental rate applicable to such tenancy at sufferance shall be one hundred fifty percent (150%) of the last month’s Base Rent (notwithstanding any previous notice from Tenant as set forth above) plus all other charges payable under this Lease and upon all of the other terms of this Lease. Notwithstanding the foregoing, Landlord's acceptance of Rent from Tenant during any period of tenancy at sufferance shall not be deemed to be the consent of Landlord to Tenant's continued occupancy of the Premises, and if Tenant remains in possession of the Premises or any part thereof after the expiration of the Term without Landlord’s consent, Landlord shall have all remedies at law or in equity. In addition, if Tenant remains in possession of the Premises or any part thereof for more than sixty (60) days following the expiration of the Term with or without Landlord's consent, then, in addition to Landlord's remedies as set forth above, Tenant shall defend and indemnify Landlord from all loss, liabilities, damages and costs, including consequential damages and attorneys’ fees, incurred by Landlord and resulting from Tenant’s failure to surrender possession of the Premises to Landlord when and as required under this Lease. The provisions of this Section shall survive the expiration or terminationearlier termination of this Lease.

Holding Over. If Tenant remains in holds possession of any portion of the Premises ------------ after the expiration or earlier termination of the term of this Lease with respect to that portion of the express Premises without the written consent of Landlord, then absent express agreement of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy such holding over shall be a month-to-month tenancy at a rent sufferance and not for any periodic or fixed term. Tenant shall pay monthly rental hereunder equal to one hundred fifty percent (150%) of the greater amount of (i) for Base Rent and Additional Rent payable immediately prior to expiration of such term with respect to such Premises during the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and which time Tenant shall pay as Monthly Rent during the holdover period an amount monthly rental equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly amount of Base Rent and Additional Rent payable under immediately prior to expiration of such term with respect to such Premise, together with such other amounts as may become due hereunder, and otherwise all of the terms and conditions of this Lease for shall continue to apply, excluding any options or rights of Tenant to renew or extend this Lease or expand the last full Premises hereunder. Nothing herein shall be construed as a consent in advance by Landlord to any holding over by Tenant or to any specific terms or conditions of any holding over, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord when and as required hereunder. Any holding over with the written consent of Landlord shall, except as otherwise specified in such consent, thereafter constitute a lease from month prior to month but otherwise subject to all of the date terms and conditions of such expiration this Lease, excluding any options or terminationrights of Tenant to renew or extend this Lease or expand the Premises hereunder.

Holding Over. If 8.1 Tenant remains in possession shall have the unconditional right to hold over beyond the expiration of the Lease Term for a period of up to two months at the same terms and conditions, including rental rate, as in the Lease except if the Lease was in Default at the time of the expiration of the Lease. During this initial two month holdover period ("Two Month Holdover Period"), Tenant may vacate the Leased Premises ------------ after by giving the Landlord 30 days' notice. If Xxxxxx does not immediately surrender the Leased Premises upon the expiration or earlier termination of the Lease after the Two Month Holdover Period, then the rent shall be increased to 150% of the Base Rent and 100% of other sums that would have been payable pursuant to the provisions of this Lease with if the express written consent Lease Term had continued during such holdover period ("Holdover Rent"). 8.2 The Holdover Rent shall be computed on a monthly basis and shall be payable on the first day of Landlord (which consent may be withheld such holdover period and the first day of each calendar month thereafter during such holdover period until the Leased Premises have been vacated. 8.3 After the Two Month Holdover Period, Xxxxxxxx's acceptance of the 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. After the Two Month Holdover Period, Landlord may, in addition to its other remedies, elect, in its sole discretion), Tenant's occupancy shall be treat such holding over by Tenant as a month-to-month tenancy at a rent equal tenancy. 8.4 Xxxxxx agreed to indemnify, defend, and hold Landlord harmless from and against all loss and damages, direct and consequential, which Landlord may suffer or incur in connection with claims by other parties against Landlord arising out to the greater holding over by Xxxxxx, including, without limitation, attorney's fees incurred in defense of (i) for Xxxxxx's claims. 8.5 Except as otherwise specifically provided in the first thirty (30) days of any such holdover periodSection, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration all terms of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord shall remain in full force and Tenant agree in writing that a different monthly rent shall apply effect during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or terminationHoldover period.

Holding Over. If Tenant remains in retains possession of the Leased Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights part thereof for three (3) months or options pertaining to additional space in less following the Building contained in this Lease Termination Date, Landlord shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in treat Tenant as a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy tenant at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount Landlord monthly rent equal to the greater of (i) one hundred and twenty-five percent (125%) of the fair market rental rate of Monthly Base Rent and one hundred percent (as reasonably determined by Landlord100%) of the Additional Rent for the Leased Premises in effect for the month immediately preceding said holding over, computed on a per month basis, for each month or part thereof (without reduction for any such partial month) that Tenant thus remains in possession ("Initial Holdover Rent"). If Tenant retains possession of the Leased Premises or any part thereof for more than three (ii3) months after the Termination Date, by lapse of time or otherwise, Landlord may elect to treat Tenant as a tenant at sufferance, and Tenant shall pay Landlord monthly rent, beginning on the first day of the fourth month following the Termination Date, at two hundred percent (200%) of the rate of both Monthly Base Rent and Additional Rent payable for the Leased Premises in effect for the month immediately preceding said holding over, computed on a per month basis, for each month or part thereof (without reduction for any such partial month) that Tenant thus remains in possession and in addition thereto Tenant shall pay Landlord all other amounts due to Landlord under this Lease for and all damages, consequential as well as direct, sustained by Landlord by reason of Tenant's retention of possession. The provisions of this Article 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord herein, at law, in equity or otherwise and shall survive the last full month prior to the date expiration of such expiration or terminationthis Lease.

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration Term expires or earlier termination is otherwise terminated without executing a new lease, Tenant shall be deemed to be occupying the Premises as a tenant from month-to-month, subject to all provisions, conditions and obligations of this Lease without Landlord's consent as required aboveapplicable to a month-to-month tenancy, Tenant's continued possession shall be on the basis of a tenancy at sufferance and except that (a) Tenant shall pay as Monthly to Landlord Base Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined greater of Base Rent payable by Tenant in the last Lease Year of the Term or Landlord) ’s then current base rent for the Premises according to Landlord’s rental rate schedule for prospective tenants, and (b) either Landlord or Tenant may terminate the month- to-month tenancy at any time upon thirty (30) days prior written notice to the other party. Notwithstanding anything to the contrary contained in this Section 16.2, Tenant shall have the option (the “Holdover Option”) to holdover in the Premises for a period of ninety (90) calendar days beyond the then scheduled expiration of the Term (such period, the “Permitted Holdover Period”), subject to the following conditions: (i) Tenant shall deliver written notice (the “Holdover Notice”) to Landlord of such election no later than ninety (90) days prior to the expiration of the then Term; (ii) two hundred percent (200%) of during the Monthly Rent and Additional Permitted Holdover Period, Tenant shall be required to pay Landlord the same Rent payable under this Lease for the last full calendar month prior of the Term; (ill) Tenant shall not have the right to exercise the Holdover Option (or remain in the Premises during the Permitted Holdover Period) if at the time of delivery of the Holdover Notice or any time between the date of delivery of the Holdover Notice and the end of the Holdover Period, Tenant is in default under the Lease beyond any applicable notice and grace period; and (iv) during the Permitted Holdover Period, all of the terms and conditions of this Lease shall apply to Tenant’s occupancy of the Premises. Should the Tenant remain in the Premises beyond such expiration ninety (90) day period Tenant shall be deemed a month-to-month tenant and the holdover rate to be paid provided herein shall apply. This holdover rental amount will be Landlord’s exclusive right and remedy against Tenant and will be deemed to cover all liabilities, obligation or terminationcharges which may be incurred by Landlord because of a holdover by Tenant. In the event Tenant holds over following the Permitted Holdover Period, Tenant shall be liable for all of Landlord’s direct and consequential damages, including costs, fees, expenses, damages and attorneys’ fees incurred by Landlord as a result of Tenant’s holding over, including but not limited to, damages and expenses incurred by Landlord for its inability to deliver possession of the Premises to a new tenant (“Holdover Indemnity Obligations”).

Holding Over. If the Tenant remains in possession of the Leased Premises ------------ after the expiration or earlier other termination of this Lease with the express written consent of Landlord (which consent may be withheld in the Landlord's sole discretion), the Tenant's occupancy shall be a month-to-month tenancy at a rent equal to agreed upon by the greater of (i) for Landlord and the first thirty (30) days of any such holdover periodTenant, one hundred twenty-five percent (125%), and for each day of but in no event less than the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration or other termination of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead applyLease. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. The Landlord's acceptance of rent Rent after such holding over with the Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Leasehereof. If the Tenant remains in possession of the Leased Premises after the expiration or earlier of the termination of this Lease without the Landlord's consent as required abovewritten consent, the Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five fifty percent (125150%) of the fair market rental (as reasonably determined by Landlord) for the Leased Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or other termination. Tenant shall indemnify and hold Landlord harmless from and against all damages, costs or expenses, including, without limitation, reasonable attorneys fees and costs of re-renting, if required, incurred by Landlord resulting from Tenant's failure to surrender the Leased Premises within the time provided under this Lease, for any (i) rent payable by any prospective tenant of the Leased Premises or any portion thereof and (ii) Landlord's damages as result of such prospective tenant rescinding the prospective lease of the Leased Premises or any portion thereof by reason of such failure to timely surrender the Leased Premises; provided that Landlord shall make reasonable efforts, as defined in Paragraph 10.3, above, to mitigate damages. All indemnification obligations, including without limitation those contained in Paragraphs 3.3 and 3.4, provided for in this Lease shall continue and remain in full force and effect during any holdover period, and resulting month to month tenancy.

Holding Over. If Tenant remains in possession of the Premises ------------ holds over after the expiration or earlier termination of this the Lease Term with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy such tenancy shall be a from month-to-month tenancy only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at a rent equal to the greater monthly rate of (iA) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day ) of the holdover Base Rent applicable during the last rental period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable Lease Term under this Lease for the first two (2) months immediately following the expiration or earlier termination of this Lease, and (B) two hundred percent (200%) of the Base Rent applicable during the last full month prior to the date rental period of the expiration of Lease Term under this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead applythereafter. Except as provided in the preceding sentence, the Such month-to-month tenancy shall be on the terms subject to every other applicable term, covenant and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building agreement contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Leaseherein. If Tenant remains holds over after the expiration of the Lease Term without the express written consent of Landlord, such tenancy shall be a tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in such case daily damages in any action to recover possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of calculated at a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount daily rate equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market Base Rent applicable during the last rental (as reasonably determined by Landlord) period of the Lease Term under this Lease for the Premises first two (2) months immediately following the expiration or earlier termination of this Lease, and (ii) two hundred percent (200%) of the Monthly Base Rent and Additional Rent payable applicable during the last rental period of the Lease Term under this Lease (calculated on a per diem basis) thereafter. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to vacate and deliver possession of the Premises to Landlord as provided in this Lease upon the 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 last full month prior 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 date cashing of such check or acceptance of such wire shall be considered inadvertent and not be construed as creating a month-to-month tenancy, provided Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. Tenant acknowledges that any holding over without Landlord’s express written consent may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to vacate and deliver the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims made by any succeeding tenant founded upon such failure to vacate and deliver, and any losses suffered by Landlord, including lost profits, resulting from such failure to vacate and deliver. Tenant agrees that any proceedings necessary to recover possession of the Premises, whether before or terminationafter expiration of the Lease Term, shall be considered an action to enforce the terms of this Lease for purposes of the awarding of any attorney’s fees in connection therewith.

Holding Over. If Tenant remains Unless earlier terminated in possession accordance with this Lease or duly extended in accordance with this Lease, this Lease shall terminate without further notice at the expiration of the Premises ------------ Lease Term. Any holding over by Tenant after the expiration or earlier termination of this Lease shall not constitute a renewal or extension of the Lease or give Tenant any rights in or to the Leased Premises. Any holding over after such expiration with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be construed to be a month-to-tenancy from month tenancy at a to month on the same terms and conditions herein specified insofar as applicable except that the monthly rent shall equal to the greater of one twelfth (i1/12) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, higher of one hundred fifty percent (150%), ) of the Monthly Base Annual Rent and Additional Rent payable under this Lease in effect during the last full month prior to such termination or the date of then current Fair Market Rent. The current Fair Market Rent shall be determined by agreement between Landlord and Tenant within thirty (30) days following the expiration of this the Lease or Term. In the absence of such agreement as to the Fair Market Rent, it shall be determined as follows: (iia) Each party shall appoint an Appraiser within fifteen (15) days after notice of failure to agree given by one party to the other, and shall advise the other party of such appointment. On the failure of either party so to appoint an Appraiser, and to advise the other party of such appointment, the person who has been appointed as Appraiser may appoint a second Appraiser to represent the party in default. (b) The two (2) Appraisers appointed in either manner shall then fair market rental proceed to establish the Base Annual Rent for each month of the hold over period. In the event of their inability to agree upon the Base Annual Rent for each month of the hold over period within thirty (as reasonably 30) days after their appointment, then Landlord shall appoint a third Appraiser, provided however, that if the difference between the amounts respectively determined by Landlordthe two (2) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall Appraisers is not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period greater than an amount equal to the greater of (i) one hundred twenty-five ten percent (12510%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) higher of the Monthly two (2) amounts so determined, then the Base Annual Rent for each month of the hold over period in question shall be the mean of such two amounts, and Additional it shall not be necessary to appoint a third (3rd Appraiser). In the event that Landlord fails to appoint a third (3rd) Appraiser within fifteen (15) days, then, in such event, the two Appraisers appointed by the parties pursuant to 15.2(a) above shall, by agreement, appoint the third Appraiser. LOT B (c) In the event a third Appraiser is appointed, such Appraiser's determination of Base Annual Rent payable for each month of the hold over period shall be final so long as it is within the limits of the appraisals established by the Appraisers appointed by the parties pursuant to 15.2(a) above. If the third Appraiser's appraisal is not within such limits, the determination of Base Annual Rent made by an Appraiser appointed pursuant to 15.2(a) above which is the closest to that of the third Appraiser shall control. (d) Landlord and Tenant shall divide equally the charges imposed by Appraisers selected under this Lease for the last full month prior to the date of such expiration or terminationParagraph 15.2.

Holding Over. Provided that Tenant gives Landlord written notice of its intention to hold over and gives such notice at least thirty (30) days prior to the expiration of this Lease and provided further that Tenant continues to pay Rent and fulfill all of its obligations under this Lease, and Landlord consents in writing to such holding over, the same shall be a month-to- month tenancy. If Tenant remains shall remain in possession of the Premises ------------ or any part thereof after expiration of the expiration or earlier termination Term with Xxxxxxxx's consent, Xxxxxx agrees to pay to Landlord for each month of this Lease with the express written consent such retention, a Monthly Base Rent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200105%) of the Monthly Base Rent and Additional Rent payable required to be paid by Tenant under this Lease for the last full month period prior to the date of such expiration expiration. In addition, Tenant shall continue to pay all other forms of Rent, including, without limitation, Additional Rent. In such event, and in addition to the payment of the foregoing increased Monthly Base Rental, Xxxxxx agrees to indemnify, defend and hold Landlord harmless against all losses, costs, claims, liabilities and expenses (including without limitation attorneys' fees and expenses) sustained by Landlord by reason of such continuing tenancy (including, without limitation, claims for damages by any other person to whom Landlord may have leased or termination.have proposed to lease or sold or have proposed to sell all or any part of the Premises). This provision is in addition to, and does not affect or waive, Landlord's right of reentry or any other right or remedy available to Landlord on account of conflicts of such holding over. Any holding over by Tenant without Xxxxxxxx's written consent: (i) shall increase the Monthly Base Rent Tenant is required to pay to one hundred thirty-five percent (135%) of the Monthly Base Rent Tenant paid for the last full month period prior to the date of such expiration; and (ii) shall entitle Landlord to recover possession of the Premises and exercise any and all rights provided Landlord by this Lease and by applicable Laws and Orders.‌

Holding Over. 60.01 If Tenant remains tenant holds over in possession of the Premises ------------ after the expiration or earlier sooner termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term or of any extended term of this Lease. If Tenant remains in possession lease, such holding over shall not be deemed to extend the term or renew the lease, but such holding over thereafter shall continue upon the covenants and conditions herein set forth except that the charge for use and occupancy of such holding over for each calendar month or part thereof (even if such part shall be a small fraction of a calendar month) shall be the sum of: (a) 1/12 of the highest annual rent rate set forth on page one of this lease, times 1.5, plus (b) 1/12 of the net increase, if any, in annual fixed rental due solely to increases in the cost of the value of electric service furnished to the premises in effect on the last day of the term of the lease, plus (c) 1/12 of all other items of annual additional rental, which annual additional rental would have been payable pursuant to this lease had this lease not expired, plus (d) those other items of additional rent (not annual additional rent) which would have been payable monthly pursuant to this lease, had this lease not expired, which total sum tenant agrees to pay to landlord promptly upon demand, in full, without set-off or deduction. Neither the billing nor the collection of any money for use and occupancy in the above amount shall be deemed a waiver of any right of Landlord to collect damages for Tenant's failure to vacate the Demised Premises after the expiration or earlier sooner termination of this Lease without Landlord's consent as required above, Tenant's continued possession lease. The aforesaid provisions of this Article shall be on survive the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or terminationsooner termination of this lease.

Holding Over. If Tenant remains in possession of possesses the Premises ------------ after the expiration Term expires (or earlier termination after this Lease is otherwise terminated) without executing a new lease but with Landlord’s written consent, then Tenant is deemed to be occupying the Premises as a tenant from month-to-month, subject to all provisions, conditions and obligations of this Lease with applicable to a month-to-month tenancy, except that: (a) for the express written consent first 3 months of Landlord the hold-over period herein, Tenant shall entitled to remain under the same terms and conditions as provided in the Lease, except that Rent for each month during such 3 month period shall be equal to 125% of the Rent for the month immediately preceding the commencement of the 3 month period herein granted; and (which consent may be withheld b) for each month of the holdover period herein (and, in Landlord's sole discretionthe case of the one-time 3 month holdover provided in this Section, then for each month following that 3 month period), Tenant's occupancy shall the monthly Rent payment will be a equal to 150% of the monthly Rent payable for the month immediately preceding the commencement of the applicable holdover period, and either Landlord or Tenant may terminate the month-to-month tenancy at a rent equal any time upon 30 days prior written notice to the greater of other party. If Tenant possesses the Premises after the Term expires (ior is otherwise terminated) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), without executing a new lease and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by without Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy’s written consent, then Tenant is deemed to be occupying the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the Premises without claim of right (but subject to all terms and conditions of this Lease) and, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining in addition to additional space in the Building contained in this Lease shall be deemed Tenant’s liability for failing to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in surrender possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required aboveprovided in Section 16.1, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during to Landlord a charge for each day of occupancy after expiration of the holdover period Term in an amount equal to the greater 150% of Tenant’s then-existing Rent (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or terminationon a daily basis).

Holding Over. If Should Tenant remains in possession of continue to occupy the Premises ------------ after the expiration or earlier termination of this the Lease with Term without the express prior written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's such occupancy shall be a month-to-month tenancy at sufferance under all of the terms, covenants and conditions of this Lease, but at a rent daily Base Rental (the "Holdover Rent") equal to the greater sum determined by dividing one hundred and fifty percent (150%) of (i) the Base Rental then in effect immediately prior to the expiration of the Lease Term plus electricity and any sums due pursuant to Section 6, for the first final month of the Lease Term by thirty (30); provided, however, if Tenant has given Landlord written notice of its intent to hold over after the expiration of the Lease Term at least nine (9) months prior to the expiration of the Lease Term, Tenant may holdover for a period of up to ninety (90) days of any such holdover period, (the "Grace Period") at a Holdover Rent calculated as provided above but using one hundred twenty-twenty five percent (125%), and for each day % of the holdover period thereafter, Base Rental instead of one hundred and fifty percent (150%). Tenant shall also pay any and all costs, expenses or damages (including consequential damages) sustained by Landlord as a result of such holdover other than during the Grace Period. If Tenant consists of more than one person or entity, and if any of the Monthly Rent and Additional Rent payable under this Lease during persons or entities comprising Tenant continue to occupy the last full month prior to the date of Premises after the expiration of this the Lease Term, all other persons or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and entities comprising Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated consented to such occupancy and shall continue to be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal jointly and severally liable for all of the original term of this Lease. If Tenant remains terms, covenants and conditions contained in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or terminationterm.

Holding Over. If Tenant remains in will, at the expiration or termination of this Lease by lapse of time or otherwise, yield up immediate possession of the Premises ------------ to Landlord in the condition required under this Lease. If Tenant retains possession of the Premises or any part thereof after the such expiration or earlier termination termination, then Landlord may, at its option, serve written notice upon Tenant that such holding over constitutes (i) creation of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy, upon the terms and conditions set forth in this Lease, or (ii) creation of a tenancy at a rent sufferance, upon the terms and conditions set forth in this Lease; provided, however, that the monthly Rent (or daily Rent under (ii)) shall, in addition to all other sums which are to be paid by Tenant hereunder, be equal to one hundred ten percent (110%) of the greater sum of Rent plus Additional Rent owed monthly to Landlord under this Lease immediately prior to such expiration or termination (prorated in the case of (iii) for on the first thirty (30) days basis of any such holdover period, one hundred twenty-five percent (125%), and a 365 day year for each day Tenant remains in possession); provided further that, if Landlord shall institute any action, case or suit to recover possession of the holdover period thereafterPremises (whether styled as an unlawful detainer action or otherwise), the monthly Rent (or daily Rent under (ii)) payable pursuant to the preceding sentence shall increase, effective as of the date on which such action, case or suit is filed with the court, to one hundred fifty percent (150%), ) of the Monthly sum of Rent and plus Additional Rent payable owed monthly to Landlord under this Lease during the last full month immediately prior to such expiration or termination (prorated in the date case of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a 365 day year for each day Tenant remains in possession). If no such notice is served, then a tenancy at sufferance and shall be deemed to be created at the Rent in the preceding sentence. Tenant shall also pay to Landlord as Monthly Additional Rent during all damages sustained by Landlord resulting from retention of possession by Tenant, including the holdover period an amount equal to the greater loss of (i) one hundred twenty-five percent (125%) any proposed subsequent tenant for any portion of the fair market rental (Premises, The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as reasonably determined by Landlord) for the Premises herein set forth; nor shall receipt of any Rent or (ii) two hundred percent (200%) any other act in apparent affirmance of the Monthly Rent and Additional Rent payable under tenancy operate as a waiver of Landlord’s right to terminate this Lease for a breach of any of the last full month prior terms, covenants, or obligations herein on Tenant’s part to the date of such expiration or terminationbe performed.

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to agreed upon by Landlord and Tenant, but in no event less than the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), ) of the Monthly Rent Rent, Tenant's Electrical Charge and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required aboveconsent, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five fifty percent (125150%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent Rent, Tenant's Electrical Charge and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or termination.

Holding Over. If Tenant remains in possession of the Premises ------------ holds over after the expiration of the Lease Term hereof, with or earlier termination of this Lease with without the express written or implied consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy such tenancy shall be a from month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%)only, and shall not constitute a renewal hereof or an extension for each day of any further term, and in such case the holdover period thereafter, one hundred fifty percent (150%), of monthly Base Rent shall be adjusted upward from the Monthly Rent and Additional monthly Base Rent payable under this the Lease during the last full month prior of the Term of the Lease, taking into account the rent abatement with respect to the date Abated Space set forth in Section 3.2 of the expiration Lease ("Final Month's Base Rent") commencing as of this Lease or the second (ii2nd) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during month of such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-to month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of follows: (i) to one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) Final Month's Base Rent for the Premises or second (2nd) month of such month-to-month tenancy,- (ii) two to one hundred forty percent (200140%) of the Monthly Final Month's Base Rent and Additional Rent payable under this Lease for the last full third (3rd) month prior to the date of such month-to-month tenancy; and (iii) to one hundred fifty percent (150%) of the Final Month's Base Rent for the fourth (4th) month of such month-to-month tenancy and for any month of such month-to-month tenancy thereafter. Such month-to-month tenancy shall be subject to every other term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in the Lease upon the expiration or terminationother termination of the 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. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of the Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrender.

Holding Over. If Tenant remains in retains possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent Term or Tenant’s right to possession of Landlord (which consent may be withheld in Landlord's sole discretion)the Premises, Tenant's occupancy Tenant shall be a month-to-month tenancy at a rent equal to the greater of pay (i) for Base Rent during the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, at one hundred fifty percent (150%), ) of the Monthly Base Rent in effect immediately preceding such holdover, and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall thereafter pay as Monthly Base Rent during the holdover period in an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Base Rent in effect immediately preceding such holdover, plus (ii) Additional Rent and Additional Rent all other amounts otherwise payable under this the Lease (including, without limitation, Excess Expenses) computed on a per diem basis for each day that Tenant remains in possession and Tenant shall perform all of its other obligations under the last full month prior to Lease. Tenant shall also pay, indemnify and defend Landlord from and against all claims and damages, consequential as well as direct, sustained by reason of Tenant’s holding over, provided, however, that so long as Tenant pays the holdover rent described herein above, and the holdover terminates and Tenant vacates the Premises in the condition required by the Lease on or before the date which is the earlier of such sixty (60) days following the expiration of the Term or terminationthe termination of Tenant’s right of possession, Tenant shall have no liability to Landlord for consequential damages; otherwise, Tenant shall be so liable. The provisions of this Section do not waive Landlord’s right of re-entry or right to regain possession by actions at law or in equity or any other rights hereunder, and any receipt of payment by Landlord shall not be deemed a consent by Landlord to Tenant’s remaining in possession or be construed as creating or renewing any Lease or right of tenancy between Landlord and Tenant.

Holding Over. If Tenant remains in retains possession of the Premises ------------ Property or any part thereof after the expiration end of the Term or earlier termination of this Lease with Tenant's right to possession of the express written consent Property (it being agreed that Tenant's failure to timely remove all Tenant's Property and all the Required Removables from the Property shall also be considered a retention of Landlord (which consent may be withheld in Landlord's sole discretionthe Property by Tenant), Tenant's occupancy then such retention of possession shall be considered a tenancy "at will" or "sufferance" (and not a month-to-month tenancy at a rent tenancy), and Tenant shall pay Rent for such holding over in an amount equal to the greater sum of (ia) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), ) of the Monthly monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the effect immediately preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in computed on a renewal monthly basis for each of the original term of this Lease. If first two (2) months or partial months that Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of possession; plus (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (iib) two hundred percent (200%) of the Monthly monthly Rent in effect immediately preceding such holding over computed on a monthly basis for each month or partial month that Tenant remains in possession after such first two (2) months or partial months. In addition to the payment of the amounts provided above, if Landlord is unable to timely deliver possession of the Property to a third party as a result of Tenant's holdover then Tenant shall be liable to Landlord for all damages including, but not limited to, consequential damages that Landlord suffers 177305.3 050137-31403 6/26/03 Form Retail Lease Agreement 2001.12 from the holdover. In addition, at any time while Tenant remains in possession, Landlord may elect instead, by written notice to Tenant and Additional Rent payable under not otherwise, to have such retention of possession constitute an extension of this Lease for one (1) year at the last full month prior greater of (1) the fair market rent for the Property as reasonably determined by Landlord, or (2) one hundred twenty percent (120%) of the Rent during the previous year. The provisions of this Section do not waive Landlord's right of re-entry or right to the date regain possession by actions at Law or in equity or any other rights hereunder, and any receipt of such expiration payment by Landlord shall not be deemed a consent by Landlord to Tenant's remaining in possession or terminationbe construed as creating or renewing any lease or right of tenancy between Landlord and Tenant.

Holding Over. If Tenant remains in possession of the Premises ------------ holds over after the expiration of the Lease Term or earlier termination of this Lease thereof, with or without the express written or implied consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy such tenancy shall be a from month-to-month tenancy only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Rent shall be payable at a rent monthly rate equal to the greater product of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease applicable during the last full month prior to the date rental period of the expiration of Lease Term under this Lease or Lease, and (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount percentage equal to the greater of (i) one hundred twenty-five percent (125%) during the first (1st) sixty (60) days of such hold over, and one hundred fifty percent (150%) for the second (2nd) sixty (60) days of such hold over. Thereafter, Rent shall be payable at a monthly rate equal to the product of (A) 200% and (B) the greater of (x) the Rent applicable during the last rental period of the fair Lease Term under this Lease, and (y) the then applicable fair-market rental (rate applicable to the Premises as reasonably determined by Landlord. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. For purposes of this Article 16, a holding over shall include, without limitation, (i) for Tenant’s remaining in the Premises after the expiration or earlier termination of the Lease Term, as required pursuant to the terms of Section 8.5, above, to remove any Alterations or improvements located within the Premises (including, without limitation, the Improvements) and replace the same as requested by Landlord with building standard tenant improvements and Original Improvements, or (ii) two hundred percent (200%) Tenant’s failure to remove items and restore the Premises as required in Article 15, above. 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 Monthly Rent and Additional Rent payable under Premises to Landlord as provided in this Lease for upon the last full month prior to the date of such expiration or terminationother termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom. A termination or non-renewal of this Lease is not intended to be and shall not be deemed to be a breach of the covenant of good faith and fair dealing.

Holding Over. (a) If Tenant remains in possession holds over without the consent of the Premises ------------ Landlord after the expiration Expiration Date or earlier termination of this Lease with Lease, the express written consent of parties recognize and agree that the damage to Landlord (which consent resulting therefrom will be substantial and may be withheld impossible accurately to measure. Tenant desires to limit and liquidate such amounts and, accordingly, notwithstanding anything to the contrary contained in Landlord's sole discretion)this Lease, Tenant's occupancy Tenant shall be pay to Landlord for each month and for each portion of any month during which Tenant holds over, as liquidated damages and not a monthpenalty, an amount (pro-to-month tenancy at a rent rated for the actual number of days of such holdover) equal to the greater of (i) for the first thirty (30) 30 days of any such holdover periodholdover, one hundred twenty-five percent the Fixed Rent, Impositions, Operating Payments and either PILOT Payments or Tax Payments (125%), and as applicable) which Tenant was obligated to pay for each day the month immediately preceding the end of the holdover period thereafterTerm, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during next 30 days of such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentenceholdover, the month-to-month tenancy shall be on the terms and conditions sum of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to (A) the greater of (ix) one hundred twenty-five [****] percent (125[****]%) of the Fixed Rent which Tenant was obligated to pay for the month immediately preceding the end of the Term (“Final Fixed Rent”) and (y) [****] percent ([****]%) of the fair market rental value of the Premises for such month on a net lease basis (as reasonably determined by Landlordarbitration in the City of New York in accordance with the procedures set forth in Section 9.02(d)) for the Premises or (ii“FMV”) two hundred and (B) [****] percent (200[****]%) of the Monthly Rent Impositions Payments, Operating Payments, either PILOT Payments or Tax Payments and other Additional Rent payable under this Lease Charges, (iii) for the last full month prior next 30 days of such holdover, the sum of (A) the greater of (x) [****] percent ([****]%) of the Final Fixed Rent, and (y) [****] percent ([****]%) of the FMV (on a net lease basis) and (B) [****] percent ([****]%) of the Impositions Payments, Operating Payments, either PILOT Payments or Tax Payments and other Additional Charges, and (iv) thereafter, the sum of (A) [****] percent ([****]%) of the greater of the Final Fixed Rent or FMV (on a net lease basis) and (B) [****] percent ([****]%) of the Impositions Payments, Operating Payments, either PILOT Payments or Tax Payments and other Additional Charges. (b) In the case of holdover, holdover rent as set forth above shall be determined based solely upon the space that has not been vacated by Tenant; provided, however, that if (a) Landlord has entered into a bona-fide lease with a third party tenant for premises that include both the space that has not been vacated by Tenant and space that has been vacated by Tenant, (b) Landlord certifies to Tenant, within thirty (30) days after entering into such third party lease, that Landlord has entered into such lease and such certification includes the date (the “Third Party Tenant Delivery Date”) provided in the third party lease for Landlord to deliver such space to such third party tenant (or the date on which Landlord must have possession in order to complete any work that is required to be performed pursuant to such third party lease as a condition to the date occurrence of such expiration delivery date), and (c) Tenant actually holds over in such space beyond the Third Party Tenant Delivery Date, then Tenant shall also be responsible for holdover rent as determined pursuant to Section 6.10(a) above from and after the Third Party Tenant Delivery Date with respect to the space demised under such lease that Tenant has actually vacated. For purposes of the foregoing, to the extent all or terminationany portion of the Mechanical Areas is required by Landlord in order to provide services to the space leased to such third party tenant, then such Mechanical Areas shall be deemed to be space included in, or demised under, such tenant’s lease; provided, that Tenant shall only be responsible for holdover rent with respect to the Mechanical Areas for the period of time that Tenant has not surrendered the same to Landlord and Landlord is actually delayed in delivering the space demised under such third party lease as a result of Tenant holding over in such Mechanical Areas. (c) No holding over by Tenant after the Term shall operate to extend the Term, and the acceptance of any rent paid by Tenant pursuant to this Section 6.10 shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding. The provisions of this Section 6.10 shall be deemed to be an “agreement expressly providing otherwise” within the meaning of Section 232-c of the Real Property Law of the State of New York. Tenant expressly waives, for itself and for any Person claiming through or under Tenant, any rights which Tenant or any such Person 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 holdover summary proceedings which Landlord may institute to enforce the provisions of this Lease.

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's ’s occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), ) of the Monthly Rent Rent, Tenant’s Electrical Charge and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead applyLease. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's ’s acceptance of rent after such holding over with Landlord's ’s written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above’s consent, Tenant's ’s continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five fifty percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200150%) of the Monthly Rent Rent, Tenant’s Electrical Charge and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or termination.

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may will not be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal permitted to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding hold over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease the Term without the express written consent of Landlord's , which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as required abovea tenant at sufferance only, Tenant's and such continued possession occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during date that is thirty (30) days after the holdover period an amount has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred twenty-five fifty percent (125150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental (rate for the Premises, as reasonably determined by Landlord) , in either event prorated on a monthly basis; provided, however, holdover rent for the Premises or first thirty (ii30) two hundred percent (200%) days of the Monthly Rent holdover will not be prorated and Additional Rent payable 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 any rights of Landlord under this Lease for or as otherwise provided by law. If Tenant fails to surrender the last full month prior 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 legal fees and costs), including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the date 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 such this Subparagraph 11(b) will survive the expiration or terminationearlier termination of this Lease.

Holding Over. If Tenant remains in will, at the expiration or termination of this Lease by lapse of time or otherwise, yield up immediate possession of the Premises ------------ to Landlord in the condition required under this Lease. If Tenant retains possession of the Premises or any part thereof after the such expiration or earlier termination termination, then Landlord may, at its option, serve written notice upon Tenant that such holding over constitutes (i) creation of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy, upon the terms and conditions set forth in this Lease, or (ii) creation of a tenancy at a rent sufferance, upon the terms and conditions set forth in this Lease; provided, however, that the monthly Rent (or daily Rent under (ii)) shall, in addition to all other sums which are to be paid by Tenant hereunder, be equal to one hundred ten percent (110%) of the greater sum of Rent plus Additional Rent owed monthly to Landlord under this Lease immediately prior to such expiration or termination (prorated in the case of (iii) for on the first thirty (30) days basis of any such holdover period, one hundred twenty-five percent (125%), and a 365 day year for each day Tenant remains in possession); provided further that, if Landlord shall institute any action, case or suit to recover possession of the holdover period thereafterPremises (whether styled as an unlawful detainer action or otherwise), the monthly Rent (or daily Rent under (ii)) payable pursuant to the preceding sentence shall increase, effective as of the date on which such action, case or suit is filed with the court, to one hundred fifty percent (150%), ) of the Monthly sum of Rent and plus Additional Rent payable owed monthly to Landlord under this Lease during the last full month immediately prior to such expiration or termination (prorated in the date case of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a 365 day year for each day Tenant remains in possession). If no such notice is served, then a tenancy at sufferance and shall be deemed to be created at the Rent in the preceding sentence. Tenant shall also pay to Landlord as Monthly Additional Rent during all damages sustained by Landlord resulting from retention of possession by Tenant, including the holdover period an amount equal to the greater loss of (i) one hundred twenty-five percent (125%) any proposed subsequent tenant for any portion of the fair market rental (Premises. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as reasonably determined by Landlord) for the Premises herein set forth; nor shall receipt of any Rent or (ii) two hundred percent (200%) any other act in apparent affirmance of the Monthly Rent and Additional Rent payable under tenancy operate as a waiver of Landlord's right to terminate this Lease for a breach of any of the last full month prior terms, covenants, or obligations herein on Tenant's part to the date of such expiration or terminationbe performed.

Holding Over. If Provided Tenant remains in gives Landlord not less than six (6) months advance notice thereof, Tenant shall be permitted to retain possession of the Leased Premises ------------ after the expiration or earlier termination of the Term of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of without any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration modification of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such other written agreement shall instead applybetween the parties for a period not to exceed two (2) months after the Expiration Date. Except as provided in the preceding sentence, the month-to-month tenancy Such occupancy shall be on pursuant to all of the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Base Rent during the holdover such period in an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental Base Rent in effect immediately prior to the expiration of the Term, and except that, after the expiration of such two (2) month period, the foregoing provisions of this Article XXI shall no longer be effective. After the expiration of such two (2) month period, Tenant shall instead be permitted to retain possession of the Leased Premises for an additional period not to exceed twelve (12) months, under the same terms and conditions as reasonably determined the initial two (2) month holdover, except that Tenant shall be a month-to-month tenant (i.e., either Landlord or Tenant may terminate such tenancy upon not less than thirty (30) days advance written notice), and Tenant shall pay Base Rent in an amount equal to one hundred seventy-five percent (175%) of the Base Rent in effect immediately prior to the expiration of the Term. After the expiration of such twelve (12) month period or earlier termination of such month-to-month tenancy by LandlordLandlord or Tenant, or at any other time after the expiration or termination of this Lease during which Tenant remains in occupancy of the Leased Premises without the express right to do so under this Article XXI, Tenant shall be a tenant-at-sufferance, and (i) for until Tenant relinquishes possession of the Premises or (ii) Leased Premises, Tenant shall pay rent in an amount equal to two hundred percent (200%) of the Monthly Base Rent and Additional Rent payable under this Lease for the last full month in effect immediately prior to the date expiration of such expiration the Term, and (ii) Tenant shall pay to Landlord all direct and consequential damages sustained by reason of Tenant's retention of possession for lost rentals, leasing fees, advertising costs, marketing costs, holdover or terminationalternative space rents, tenant finish expense and relocation costs. There shall be no renewal of this Lease by operation of law.

Holding Over. If Tenant remains in possession of the Premises ------------ holds over after the expiration or earlier termination of this the Lease Term with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy such tenancy shall be a from month-to-month tenancy only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at a rent monthly rate equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental Base Rent applicable during the last calendar month of the Lease Term during the first three (3) months immediately following the expiration or earlier termination of the Lease Term, or Option Term, if applicable, and one hundred fifty percent (150%) thereafter. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. If Tenant holds over after the expiration of the Lease Term without the express written consent of Landlord, such tenancy shall be a tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in such case daily damages in any action to recover possession of the Premises shall be calculated at a daily rate equal to one hundred twenty-five percent (125%) the Base Rent applicable during the last calendar month of the Lease Term during the first three (3) months immediately following the expiration or earlier termination of the Lease Term, or Option Term, if applicable, and one hundred fifty percent (150%) thereafter. Nothing contained in this Article 16 shall be construed as reasonably determined consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to vacate and deliver possession of the Premises to Landlord as provided in this Lease upon the 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 tenancy, provided Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. Tenant acknowledges that any holding over without Landlord’s express written consent may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to vacate and deliver the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims made by any succeeding tenant founded upon such failure to vacate and deliver for more than thirty (30) days, and any losses suffered by Landlord) for the Premises or (ii) two hundred percent (200%) , including lost profits, resulting from such failure to vacate and deliver. Tenant agrees that any proceedings necessary to recover possession of the Monthly Rent and Additional Rent payable under Premises, whether before or after expiration of the Lease Term, shall be considered an action to enforce the terms of this Lease for purposes of the last full month prior to the date awarding of such expiration or terminationany attorney’s fees in connection therewith.

Holding Over. If Tenant remains should remain in possession of all or any portion of the Premises ------------ Tenant Space after the expiration of the Term of this Lease (or any earlier termination of this Lease with or the express written consent termination of Landlord (which consent may be withheld in Landlord's sole discretionTenant’s right to possess the Tenant Space), Tenant's occupancy without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a monthtenant-toat-month tenancy at a rent equal sufferance, upon all of the terms contained herein, except as to the greater of (i) for the first thirty (30) days of term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly to Landlord (A) monthly Base Rent during the holdover period in an amount equal to the greater of (i) one hundred twenty-five percent (125%) with respect to the first sixty (60) days of the fair market rental (as reasonably determined by Landlord) for the Premises or such holdover, (ii) one hundred fifty percent (150%) with respect to the next thirty (30) days of such holdover, and (iii) two hundred percent (200%) thereafter, of the Monthly greater of (i) Landlord’s then published asking base rent rate for space comparable to the Tenant Space or (ii) the Base Rent and payable by Tenant to Landlord during the last month of the Term of this Lease, plus (B) one hundred percent (100%) of the Additional Rent payable under this Lease for by Tenant to Landlord during the last full month prior to of the date Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or terminationearlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. Notwithstanding any provision to the contrary contained herein, (a) Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover, and (b) Tenant shall indemnify, defend and hold the Landlord Group harmless from and against any and all Claims (including, without limitation, the attorneys’ fees, consultants’ fees and court costs incurred or suffered by Landlord, and all lost profits and other consequential damages asserted against Landlord) arising out of or in any manner related to Tenant’s failure to surrender the Tenant Space upon the expiration or earlier termination of this Lease or upon termination of Tenant’s right to possess the Tenant Space in accordance with the provisions of this Lease, and (c) Tenant shall pay to Landlord Base Rent at the holdover rates set forth in this Section 13.3 from the first day following the expiration or earlier termination of this Lease through the entire period of such holdover.

Holding Over. If SECTION 10.1. Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of continue to occupy the Premises after the expiration or earlier termination of the Term or any renewal thereof, unless Landlord consents in writing to such continuation of occupancy, in which event such occupancy shall (unless the parties hereto otherwise agree in writing) be deemed to be under a month-to-month tenancy, which shall continue until either party hereto notifies the other in writing, by at least thirty (30) days before the end of any calendar month, that the party giving such notice elects to terminate such tenancy at the end of such calendar month, in which event such tenancy shall so terminate. The rental payable with respect to each monthly period of such month-to-month tenancy shall equal one-twelfth (1/12th) of the Base Rent and the Additional Rent payable under the provisions of Article 4 (calculated in accordance with such provisions of Article 4 as if this Lease had been renewed for a period of twelve (12) full calendar months after such expiration or earlier termination of the Term or such renewal). Except as expressly provided otherwise, such month-to-month tenancy shall be upon the same terms and subject to the same conditions as those set forth in the provisions of this Lease. SECTION 10.2. In the event Tenant holds over without Landlord's written consent as required aboveobtained prior to the expiration or earlier termination of the Term, Tenant's continued possession shall be on , during the basis period of a tenancy at sufferance and Tenant its possession, shall pay as Monthly to Landlord on a monthly basis Rent during the holdover period an amount equal to one-twelfth of twice the greater amount of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Base Rent and Additional Rent payable paid to Landlord under this the provisions of Article 4 during the Lease for Year immediately preceding the last full month prior to the date of such expiration or terminationearlier termination of the Term, and Landlord shall have the right to enter (forcibly if necessary) the Premises and to remove Tenant and its property from the Premises, including storage of Tenant's property, all at Tenants's cost and expense, and Landlord shall have no liability therefor except in the event of Landlord's gross negligence or wilful misconduct.

Holding Over. If (a) Tenant remains must obtain the prior consent of Landlord in order to remain in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Leaseend. If Tenant remains in possession of the Premises after Lease end without obtaining the expiration prior consent of Landlord: (i) such occupancy shall constitute an unlawful detainer of the Premises (and Tenant shall be subject to an unlawful detainer action therefor), for which period of occupancy Tenant shall pay to Landlord a rental (and not a penalty) in the amount of (A) one hundred fifty percent (150%) of the last Rent payable by Tenant to Landlord for the first month of such occupancy, plus all other charges payable under this Lease, and (B) two hundred percent (200%) of the last Rent payable by Tenant to Landlord for each month of such occupancy thereafter, plus all other charges payable under this Lease; and (ii) Tenant shall reimburse Landlord within thirty (30) days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, for all reasonable out-of-pocket costs, expenses, fees, charges or earlier termination penalties incurred or payable by Landlord in connection with any other tenant or lease for the Premises resulting from the delay by Tenant in surrendering the Premises in accordance with the provisions of this Lease, including, without limitation, penalties or holdover rent paid or credit given to the next tenant for the Premises as a result of late delivery to such tenant of the Premises. (b) If Tenant remains in possession of the Premises after Lease end with the prior consent of Landlord, such occupancy shall be a tenancy from month-to-month on all of the terms of this Lease without Landlord's consent as required above, Tenant's continued possession and provisions of Utah law applicable to a month-to-month tenancy (which tenancy shall be on terminable as of the basis end of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal any calendar month by notice given by either Party to the greater other at least fifteen (15) days prior to the end of the month concerned) at a rental (and not as a penalty) in the amount of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined last Rent payable by Landlord) Tenant to Landlord for the Premises or first month of such occupancy, plus all other charges payable under this Lease, and (ii) two one hundred fifty percent (200150%) of the Monthly last Rent and Additional Rent payable by Tenant to Landlord for each month of such occupancy thereafter, plus all other charges payable under this Lease for the last full month prior Lease. (c) Notwithstanding anything contained in this Paragraph 17.2 to the contrary, on any termination of this Lease pursuant to Paragraphs 8.4(b), 13 or 14, Tenant shall have up to thirty (30) days to surrender the Premises after the effective date of such termination, and the provisions of this Paragraph 17.2 shall not be applicable until after the expiration or terminationof such thirty (30)-day period.

Holding Over. If 12.1 Tenant remains in possession acknowledges that it is extremely important that Landlord have substantial advance notice of the date Tenant will vacate the Premises ------------ after because Landlord will (a) require an extensive period to secure a replacement tenant, and (b) plan its entire leasing and renovation program for the Building in reliance on its lease expiration dates. If the Premises are not surrendered at the expiration or earlier termination of this Tenant’s right of possession, then it will be conclusively presumed that the value of possession, and the resulting loss that will be suffered by Landlord, far exceed the Base Rent and additional rent that would have been payable had the Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any Term continued during such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, . Therefore if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after upon the expiration or earlier termination of Tenant’s right of possession Tenant (or anyone claiming through Tenant) does not surrender immediately the Premises (or portion thereof), then the rent shall be increased to 125% of the Base Rent, additional rent and other sums that would have been payable pursuant to the provisions of this Lease without Landlord's consent as required above, Tenant's (assuming the Lease Term for the entire Premises had continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the such holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlordperiod) for the Premises or (ii) two hundred percent (200%) first month of such holdover period, 150% of the Monthly Rent Base Rent, additional rent and Additional Rent other sums that would have been payable under pursuant to the provisions of this Lease (assuming the Lease Term for the last full month prior entire Premises had continued during such holdover period) for each of the second and third months of such holdover period, and 200% of the Base Rent, additional rent and other sums that would have been payable pursuant to the date provisions of this Lease (assuming the Lease Term for the entire Premises had continued during such holdover period) for each month thereafter. Such rent shall be computed on a monthly basis and shall be payable on the first day of such expiration or terminationholdover period and the first day of each calendar month thereafter during such holdover period until the Premises have been vacated.

Holding Over. If a Tenant remains in possession of Party fails to vacate the Premises ------------ after the expiration Expiration Date or earlier termination of this Lease with Lease, then a Tenant Party’s possession of the express written consent Premises shall constitute and be construed as a tenancy at will only, subject, however, to all of Landlord (which consent may be withheld in Landlord's sole discretion)the terms, Tenant's occupancy provisions, covenants and agreements on the part of Tenant under this Lease, and such Tenant Party shall be subject to immediate eviction and removal; Tenant or any such Tenant Party covenants and agrees to pay Landlord, in addition to the other Rent due hereunder, if any, as Rent for the period of such holdover a month-to-month tenancy at a rent prorated daily Basic Rent equal to the greater of (i) for during the first thirty (30) thirty-days of any such holdover period, the sum of one hundred twenty-five percent (125100%)) of the daily Basic Rent plus 100% of the Additional Rent, both payable during the last month of the Term, and for each (ii) during any day of the holdover period thereafter, one hundred fifty percent (150%), ) of the Monthly daily Basic Rent and plus one hundred percent (100%) Additional Rent Rent, both payable under this Lease during the last full month prior to the date of the expiration Term. Tenant’s possession of the Premises after the Expiration Date or earlier termination of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premisesshall immediately constitute an Event of Default under Section 19.5 herein. The Rent during such holdover period shall be payable to Landlord from time to time on demand; provided, however, if no demand is made during a particular month, holdover rent accruing during such month shall be paid in accordance with the provisions of this Section 17. Tenant will vacate the Premises and deliver same to Landlord immediately upon Tenant’s receipt of notice from Landlord to so vacate. No holding over by a Tenant Party (whether with or without the consent of Landlord), and no payments of money by Tenant to Landlord after the end of the Term, shall operate to reinstate, continue or extend the Term, and no extension of this Term shall be valid unless evidenced by a writing signed by both Landlord and Tenant. No payments of money by Tenant agree in writing that a different monthly (other than the holdover rent shall apply accruing during such month-to-month tenancy, then holdover period paid in accordance with the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions provisions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining Section 17) to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises Landlord after the expiration Expiration Date or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on constitute full payment of Rent under the basis terms of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or terminationLease.

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in retains possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required aboveLease, Tenant's continued possession Tenant shall be on the basis of a tenancy tenant at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) at one hundred twenty-five fifty percent (125150%) of the fair market rental Base Rent and Annual Rental Adjustment (as reasonably determined by Landlordhereinafter defined) for the Premises in effect upon the date of such expiration or earlier termination for the first thirty (ii30) days of such holdover and thereafter at two hundred percent (200%) of the Monthly such Base Rent and Additional Rent payable under this Lease Annual Rental Adjustment, and otherwise upon the terms, covenants and conditions herein specified, so far as applicable. In addition, Tenant shall be responsible for all damages sustained by Landlord on account of Tenant holding over. Notwithstanding the last full month foregoing, if by written notice to Landlord delivered no later than 6 months prior to the date then current Expiration Date (the “Hold Over Notice”), Tenant advises Landlord it will hold-over specifying the period of such hold-over (which period must be for either 1 or 2 months) (the “Hold Over Term”), then Tenant may, as a matter of right, remain in possession following the Expiration Date without being liable for damages during the Hold Over Term; provided, that the monthly Base Rent and Annual Rental Adjustment for the Hold Over Term shall be at the increased holdover rate(s) set forth above. In no event shall Tenant have the right to hold over in the Premises for more than 2 months beyond the then current Expiration Date unless agreed to in writing by Landlord and Tenant. Acceptance by Landlord of Rent (as defined in Section 3.03 below) after such expiration or terminationearlier termination shall not result in a renewal of this Lease, nor shall such acceptance create a month-to-month tenancy. In the event a month-to-month tenancy is created by operation of law, either party shall have the right to terminate such month-to-month tenancy upon thirty (30) days’ prior written notice to the other, whether or not said notice is given on the date that any Rent is due. This Section 2.05 shall not be deemed a consent by Landlord to any holding over by Tenant upon the expiration or earlier termination of this Lease, nor limit Landlord’s remedies in such event.

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's Xxxxxx’s occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined agreed upon by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead applyXxxxxx. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable theretothereto except as agreed upon by Landlord and Tenant. Landlord's Xxxxxxxx’s acceptance of rent after such holding over with Landlord's Xxxxxxxx’s written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above’s consent, Tenant's Xxxxxx’s continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the first month of the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental Monthly Rent payable under this Lease (as reasonably determined by Landlordplus Additional Rent) for the Premises last full month prior to the date of such expiration or (ii) two termination, and thereafter during such holdover period, Tenant shall pay one hundred fifty percent (200150%) of the Monthly Rent and Additional Rent payable under this Lease (plus Additional Rent) for the last full month prior to the date of such expiration or termination.

Holding Over. If Tenant remains in retains possession of any portion of the Premises ------------ after the termination or expiration or earlier of the respective Lease Term relating to such portion of the Premises, then Tenant shall, at Landlord’s election become a tenant at sufferance (and not a tenant at will) for such portion of the Premises in which Tenant is holding over, such possession shall be subject to immediate termination by Landlord at any time, and all of the other terms and provisions of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy excluding any expansion or renewal option or other similar right or option) shall be a month-to-month tenancy at a rent equal applicable during such holdover period, except that Tenant shall pay Landlord from time to the greater of (i) time, upon demand, for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental Base Rent payable by Tenant immediately prior to such holding over, and thereafter an amount equal to one hundred fifty percent (150% ) of the Base Rent payable by Tenant immediately prior to such holding over, computed on a per diem basis for each month or part thereof during such holding over for such portion of the Premises in which Tenant is holding over; provided, however, the holdover rent shall be calculated in full floor increments only so that if Tenant is only holding over in a portion of a particular floor, then the holdover rent shall be calculated based on the square footage of the entire floor. All other payments (including payment of Additional Rent) shall continue under the terms of this Lease. In addition, Tenant shall also be liable to Landlord for all direct and consequential damages which Landlord may suffer by reason Tenant’s failure to timely surrender the Premises; provided, however, as reasonably determined by Landlord) a condition of Tenant’s obligations under this Paragraph 19(f), Landlord shall give Tenant written notice of the existence of a prospective successor tenant for the Premises or (ii) two hundred percent (200%) any portion thereof, or the existence of any other matter which might give rise to a claim by Landlord for consequential damages, and Landlord’s reasonable estimate of the Monthly Rent and Additional Rent payable under this Lease for amount of such claim (to the last full month extent such amount can reasonably be estimated by Landlord on the basis of information then available to Landlord) at least thirty (30) days prior to the date Landlord shall require Tenant’s surrender of the Premises, and Tenant shall not be responsible to Landlord for any consequential damages if Tenant shall surrender the Premises on or prior to one hundred twenty (120) days after the later of (i) delivery of such notice detailing the potential consequential damages (it being agreed, however, that Landlord does not need to 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 (ii) the expiration or terminationearlier termination of this Lease. 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 Paragraph shall not be construed as consent for Tenant to retain possession of the Premises or any portion thereof.

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. 25.1 If Tenant remains in possession of the Premises after the expiration of the Lease Term or earlier termination any extension or renewal hereof, such holding over shall not operate to extend or renew this Lease but shall be construed as a tenancy from month-to-month which may be terminated by Landlord upon three (3) days' prior written notice if Tenant is then in default of this Lease without Landlord's consent as required aboveLease, Tenant's continued possession or by either party upon at least thirty (30) days' prior written notice directed to the end of a calendar month. Such month-to-month tenancy by Tenant shall be on subject to all the basis terms and provisions of a tenancy at sufferance and Tenant shall pay as Monthly this Lease, except that the Minimum Rent payable during the holdover period an amount equal to the greater of (i) holding over shall be one hundred twenty-five percent (125%) of the fair market rental average monthly Minimum Rent payable by Tenant during the last twelve (as reasonably determined by Landlord12) months of the Lease Term or any extension or renewal thereof. Notwithstanding the foregoing, if Landlord notifies Tenant, in writing, that Landlord is in serious negotiations with another tenant for the Premises or (ii) two Premises, then commencing the first day of the month following the month in which such notice is delivered to Landlord, Minimum Rent for such holdover period shall be one hundred fifty percent (200150%) of the Monthly Rent and Additional average monthly Minimum Rent payable under this Lease for by Tenant during the last full month prior to twelve (12) months of the date of such expiration Lease Term or termination.any extension or renewal

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to agreed upon by Landlord and Tenant, but in no event less than the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), ) of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required aboveconsent, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five fifty percent (125150%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two one hundred seventy five percent (200175%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or termination.

Holding Over. If Tenant remains in possession of possesses the Premises ------------ after the expiration Term expires or earlier termination is otherwise terminated without executing a new lease but with Landlord’s written consent, Tenant is deemed to be occupying the Premises as a tenant from month-to-month, subject to all provisions, conditions and obligations of this Lease with applicable to a month-to-month tenancy, except that (a) Basic Rent will equal the express written consent greater of Basic Rent payable by Tenant in the last Lease Year of the Term or Landlord’s then current basic rent for the Premises according to Landlord’s rental rate schedule for prospective tenants, and (b) either Landlord (which consent or Tenant may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a terminate the month-to-month tenancy at a rent equal any time upon 30 days prior written notice to the greater other party. If Tenant possesses the Premises after the Term expires or is otherwise terminated without executing a new lease and without Landlord’s written consent, Tenant is deemed to be occupying the Premises without claim of right (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior but subject to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the all terms and conditions of this Lease) and, except that any renewal optionsin addition to Tenant’s liability for failing to surrender possession of the Premises as provided in Section 16.1, expansion options, rights Tenant will pay Landlord a charge for each day of first refusal, rights occupancy after expiration of first negotiation or any other rights or options pertaining the Term in an amount equal to additional space in the Building contained 150% of Tenant’s then existing Rent. Notwithstanding anything in this Lease shall Section 16.2 to the contrary, upon twelve (12) months prior written notice (“Tenant’s Holdover Notice”) to Landlord, Tenant will be deemed permitted to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains remain in possession of the Premises after expiration of the expiration initial Term or earlier termination any Renewal Term of this Lease without Landlord's consent as required above, Tenant's continued possession (and the Term of the Lease shall be on deemed to be so extended), and without the basis execution of a tenancy at sufferance new lease, subject to all the provisions, conditions, and Tenant shall pay as Monthly obligations of this Lease, except that (a) the Basic Rent during the holdover period an amount equal will be escalated to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental Basic Rent in effect during the last Lease Year of the applicable term, and (as reasonably determined by Landlordb) for the holdover term during which Tenant may remain in possession of the Premises or will be a term, not to exceed six (ii6) two hundred percent (200%) months, as such term will be stated in Tenant’s Holdover Notice. Time is of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior essence with respect to the date period during which Tenant must deliver Tenant’s Holdover Notice and to the term of such expiration or terminationTenant’s holdover.

Holding Over. If The Tenant remains has no right to remain in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day end of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this LeaseTerm. If the Tenant remains in possession of the Premises after the expiration end of the Term with the written consent of the Landlord but without entering into a new lease or earlier termination other agreement then, notwithstanding any statutory provisions or legal presumption to the contrary, there shall be no tacit renewal of this Lease without Landlord's consent as required above, Tenant's continued possession or the Term and the Tenant shall be deemed to be occupying the Premises as a tenant from month-to-month (with either party having the right to terminate such month-to-month tenancy at any time on not less than thirty (30) days’ written Notice, whether or not the date of termination is at the end of a rental period) at a monthly Base Rent payable in advance on the basis first day of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount month equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (monthly amount of Base Rent payable during the last month of the Term and otherwise upon the same terms and covenants and conditions as reasonably determined by Landlord) in this Lease insofar as these are applicable to a monthly tenancy and, for greater certainty, including liability for all Additional Rent. If the Tenant remains in possession of the Premises after the end of the Term or any extension terms(s) without the written consent of the Landlord, Tenant shall be a tenant at sufferance. In such event, Tenant shall pay an amount (iion a per month basis without reduction for partial months during the holdover) two equal to one hundred twenty-five percent (200125%) of the Monthly Rent and Additional monthly amount of Base Rent payable under this Lease for during the last full month prior of the Term (the “Holdover Percentage”) and otherwise upon the same terms, covenants and conditions as in this Lease, including liability for all Additional Rent. If Tenant remains in possession of the Premises in excess of thirty (30) days after the end of the Term, then commencing on the thirty-first (31st) day of such holdover, then the Holdover Percentage shall be increased to one hundred fifty percent (150%). In addition to the date payment of the amounts provided above, if the Landlord is unable to deliver possession of the Premises to a new tenant, or to perform improvements for a new tenant, as a result of the Tenant’s holdover, the Tenant shall be liable to the Landlord for, and shall protect the Landlord from and indemnify and defend the Landlord against, all losses and damages, including any claims made by any succeeding tenant resulting from such expiration or terminationfailure to vacate, and any consequential damages that the Landlord suffers from the holdover.

Holding Over. If 3.5.1 Tenant remains shall not 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 shall fail to surrender the Premises to Landlord on the Surrender Date in accordance with the provisions of Section 3.4 above, Tenant shall pay to Landlord, as use and occupancy for each month or fraction thereof during which Tenant continues to occupy the Premises after the expiration or earlier termination of this Lease with Surrender Date (the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion“Continued Occupancy Period”), Tenant's occupancy shall be a month-to-month tenancy at a rent an amount of money (the “Occupancy Payment”) equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), ) of the Monthly monthly Base Rent and payable during the last year of the Term plus one-twelfth (1/12) of the annual Additional Rent payable under Sections 4 and 8 of this Lease during the last full month prior to the date year of the expiration 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 (ii) under Law. 3.5.2 In addition to making all required Occupancy Payments, Tenant shall, in the then fair market rental (as reasonably determined event of Tenant’s failure to surrender the Premises on the Surrender Date in accordance with the provisions of Section 3.4 above, also indemnify and hold Landlord harmless from and against any and all loss or liability resulting from any delay by Landlord) for Tenant in so surrendering the Premises; provided, howeverincluding any special damages or claims Landlord may suffer by reason of any claims made by any succeeding occupant founded on such delay, if and any reasonable attorneys’ fees, disbursements and court costs incurred by Landlord in connection with the foregoing. 3.5.3 Tenant expressly waives, for itself and for any person claiming by, through or under Tenant, any rights which Tenant agree 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 writing that a different monthly rent shall apply during such month-to-month tenancyforce, then in connection with any summary holdover proceedings which Landlord may institute to enforce the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions provisions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation Article 3. 3.5.4 Tenant’s obligation to observe or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated perform each and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal every one of the original term of covenants set forth in Section 3.4 and this Lease. If Tenant remains in possession of the Premises after Section 3.5 shall survive the expiration or earlier other termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such expiration or terminationTerm.

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier other termination of this the Lease without Term, then, at Landlord's consent as required above’s option, Tenant's continued possession Tenant shall be on deemed to be occupying the basis of Premises as a tenancy month-to-month tenant only, at sufferance and Tenant shall pay as Monthly Rent a monthly rental equal to (a) during the holdover period an amount equal to first month of any such holding over, one hundred fifty percent (150%) of the greater of (ix) one hundred twenty-five percent (125%) the Annual Fixed Rent and any Additional Rent payable hereunder during the last month of the fair Lease Term and (y) the then current market rental (as reasonably determined by Landlord) rent for the Premises or Premises, and (iib) thereafter, two hundred percent (200%) of the Monthly greater of (x) the Annual Fixed Rent and any Additional Rent payable hereunder during the last month of the Lease Term and (y) the then current market rent for the Premises, and otherwise on the terms and conditions set forth in this Lease, as far as applicable. Tenant shall also pay all Additional Rent payable under the terms of this Lease Lease, prorated for each month during which Tenant remains in possession. Such month-to-month tenancy may be terminated by Landlord or Tenant, effective as of the last full day of any calendar month by delivery to the other of notice of such termination prior to the date first day of such calendar month. Landlord waives no rights against Tenant by reason of accepting any holding over by Tenant and Tenant shall defend, indemnify and hold Landlord harmless from and against any and all claims, losses and liabilities for damages resulting from failure to surrender possession upon the Expiration Date, including, without limitation, any claims made by any succeeding tenant and any lost profits, and such obligations shall survive the expiration or terminationsooner termination of this Lease. Notwithstanding the foregoing, provided that Tenant does not hold over in the Premises for more than one (1) month, Landlord hereby waives the right to proceed against Tenant for any claims made by any succeeding tenant, any lost profits and any other consequential damages relating to or arising from such one (1) month period; it being the intended that if Tenant holds over for more than one (1) month, Tenant shall be liable for any claims made by any succeeding tenant, any lost profits and any other consequential damages from the commencement of such holdover. The provisions of this Section 20.17 shall not in any way be deemed to (i) permit Tenant to remain in possession of the Premises after the Expiration Date or sooner termination of this Lease, or (ii) imply any right of Tenant to use or occupy the Premises upon expiration or termination of this Lease and the Lease Term, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Lease Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Section 20.17. Tenant’s obligations under this Section 20.17 shall survive the expiration or earlier termination of this Lease.

Holding Over. If Should Tenant remains in possession of (or any subtenant, assignee or other party occupying the Premises ------------ by, through, under, or with the permission of Tenant), without Landlord’s written consent, hold over after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Lease, Tenant shall, at Landlord's sole discretion)’s option, Tenant's occupancy shall be become either a tenant at sufferance or a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), tenant upon each and for each day all of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent terms herein provided as may be applicable to such a tenancy and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term constitute an extension of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required aboveDuring such holding over, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount in advance, monthly, Basic Rental at a rate equal to the greater of (i) one hundred twenty-five percent (125%) times the rate in effect for the last month of the Term of this Lease (provided that after sixty (60) days of such holding over, such rate shall be increased to one hundred fifty percent (150%)) or the fair market basic rental (for comparable space in the Project, whichever is greater, 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 construed as reasonably determined consent by Landlord) for Landlord to any holding over of the Premises or (ii) two hundred percent (200%) by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Monthly Rent and Additional Rent payable under Premises to Landlord as provided in this Lease for upon the last full month prior to the date of such expiration or terminationearlier termination of the Term. If Tenant fails to surrender the Premises within sixty (60) days after the expiration or termination of this Lease, Tenant agrees to indemnify, defend and hold Landlord harmless from and against all costs, loss, expense or liability, including without limitation, claims made by any succeeding tenant and real estate brokers claims and attorney’s fees and costs.

Holding Over. If Tenant remains in possession of the Premises ------------ after the expiration or earlier termination of this Lease provides Landlord with the express written consent of Landlord notice (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy "HOLDOVER NOTICE") at a rent equal to the greater of (i) for the first least thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day prior to expiration of the holdover period thereafterLease Term (or any applicable Extension Term) that Tenant will be holding over in the Premises, one hundred fifty percent Tenant shall have the right (150%)and, of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior subject to the date of grace periods described below, the obligation) to hold over after the expiration of this the Lease or Term until the date (ii"HOLDOVER NOTICE DATE") the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead applyHoldover Notice (but not in excess of one hundred twenty (120) days after the expiration of the Lease Term or applicable Extension Term). Except as provided in the preceding sentenceAny holdover tenancy (including without limitation, the month-to-month any holdover tenancy pursuant to a Holdover Notice) shall be on the terms subject to every applicable term, covenant and conditions of this Leaseagreement contained herein, except that any renewal options, expansion options, rights the Base Rent payable by Tenant for the Premises (irrespective of first refusal, rights the amount of first negotiation or any other rights or options pertaining space Tenant continues to additional space occupy in the Building contained in this Lease Building) shall be deemed escalated to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal equal one hundred ten percent (110%) of the original term then current Base Rent and Direct Expenses payments for the entire Premises for the first ninety (90) days of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance such holdover occupancy and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of such amount during the fair market rental next succeeding ninety (as reasonably determined by Landlord90) for the Premises or days and from and after such one hundred eighty (ii180) two day period, Rent shall equal one hundred fifty percent (200150%) of such amount thereafter; provided, however, subject to the Monthly next sentence of this Article 16, such holdover Rent and Additional Rent payable shall be prorated on a per diem basis through and including the date ("ACTUAL SURRENDER DATE") Tenant actually vacates and surrenders the Premises to Landlord in the condition required under this Lease for Lease. If Tenant properly delivers the last full month Holdover Notice and the Actual Surrender Date (a) is earlier than the Holdover Notice Date by forty-five (45) days or less, Tenant's obligation to pay such holdover Rent and Additional Rent shall terminate on a per diem basis as of the Actual Surrender Date, however if the Actual Surrender Date is earlier than forty-five (45) days prior to the Holdover Notice Date, Tenant's holdover Rent and Additional Rent shall cease as of the date which is forty-five (45) days prior to the Holdover Notice Date, or (b) is later than the Holdover Notice Date, Tenant's obligation to pay holdover Rent and Additional Rent shall cease as of the Actual Surrender Date, provided that Tenant shall have no right to holdover beyond the earlier to occur of fifteen (15) days after the Holdover Notice Date or the expiration of the one hundred twenty (120) period specified in the first sentence of this Article 16 above. By way of example only, and not as a limitation upon the foregoing, if the Holdover Notice indicates that the Holdover Notice Date is ninety (90) days after the expiration of the Lease Term or applicable Extension Term, Tenant shall be permitted to holdover until the date which is one hundred five (105) days after the expiration of the Lease Term or applicable Extension Term and Tenant's obligation to pay holdover Rent and Additional Rent shall be prorated on a per diem basis until the later of the forty-fifth (45th) day after the expiration of the Lease Term or applicable Extension Term or the Actual Surrender Date. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant (except as expressly provided in this Article 16 above), and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration of the Lease Term (or the period specified in clause 16(b) above, as applicable). 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 within the period specified in this Article 16 above, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys' fees) and liability resulting from such expiration failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender (including such tenant's lost profits) and any lost profits to Landlord resulting therefrom, provided Landlord promptly notified Tenant in writing of any lease or terminationsigned letter of intent for all or any portion of the Premises.

Holding Over. If Tenant (directly or through any successor-in-interest of Tenant) remains in possession of all or any portion of the Premises ------------ after the expiration of the Term or earlier the termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of construed to be a tenancy from month to month at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the Monthly Base Rent payable in the last full month prior to such termination or expiration, together with an amount estimated by Landlord for the monthly Additional Charges for Expenses and Taxes payable under this Lease, and shall otherwise be on the terms and conditions herein specified so far as applicable. If Tenant (directly or through any successor-in-interest of Tenant) remains in possession of all or any portion of the Premises after the expiration of the Term or the termination of this Lease without the written consent of Landlord, Tenant’s continued possession shall be on the basis of a tenancy at the sufferance of Landlord. In such event, Tenant shall continue to comply with or perform all the terms and obligations of Tenant under this Lease, except that the Monthly Base Rent during Tenant’s holding over shall be the greater of the then-fair market rental rent for the Premises (as reasonably determined by Landlord) for the Premises or (ii) two one hundred fifty percent (200150%) of the Monthly Base Rent and Additional Rent Charges for Expenses and Taxes payable under this Lease for in the last full month prior to the date termination or expiration of this Lease. In addition to Rent, Tenant shall pay Landlord for all damages proximately caused by reason of the Tenant’s retention of possession. Landlord’s acceptance of Rent after the expiration of the Term or termination of the Term of this Lease shall not constitute a renewal of this Lease, and nothing contained in this provision shall be deemed to waive Landlord’s right of re-entry or any other right hereunder or at law. Tenant acknowledges that, in Landlord’s marketing and re-leasing efforts for the Premises, Landlord is relying on Tenant’s vacation of the Premises on the 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 expiration prospective tenant rescinding or terminationrefusing 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. If Tenant remains in possession of the Premises ------------ holds over after the expiration of the Lease Term, with or earlier termination of this Lease with without the express written or implied consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy such tenancy shall be a from month-to-month tenancy only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at a rent monthly rate equal to the greater of to: (iA) for the first thirty two (302) days of any such holdover period, one hundred twenty-five percent (125%), and for each day months of the holdover period thereafterholdover, one hundred fifty percent (150%), ) of the Monthly greater of (i) the Base Rent and Additional Rent payable under this Lease applicable during the 16 last full month prior to the date rental period of the expiration of Lease Term under this Lease or (ii) the then fair market rental rate for the Premises as of the commencement of such holdover period; and (as reasonably determined by LandlordB) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal remainder of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required aboveholdover period, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly greater of (i) the Base Rent and Additional Rent payable applicable during the last rental period of the Lease Term under this Lease or (ii) the fair market rental rate for the last full Premises as of the third (3rd) month prior to the date of such holdover period. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 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 terminationother 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. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all Claims resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrender.

Holding Over. If A. Tenant remains in possession of shall have the Premises ------------ right to hold over after the expiration or earlier termination of the Term of this Lease with for up to six (6) months provided that if Tenant wishes to hold over, Tenant shall have delivered to Landlord written notice of Tenant’s wish to hold over at least nine (9) months prior to the express Expiration Date setting forth the number of months that Tenant wishes to hold over (the “Hold Over Notice”). Any hold over in excess of six (6) months after the Expiration Date shall require Landlord’s prior written consent of Landlord (consent, which consent may be withheld in Landlord's ’s sole and absolute discretion), Tenant's occupancy . Such holding over shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions not constitute an extension of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease but shall be deemed subject to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal all of the original term terms of this Lease. If Tenant remains in possession During (a) the first three (3) months of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required abovesuch holding over, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Base Rent during at one hundred ten percent (110%) of the holdover period an amount equal to rate payable in the greater last month of the Term of this Lease; (ib) the second (2nd) three (3) months (that is, the fourth (4th) through sixth (6th) months of such holding over), Tenant shall pay Base Rent at one hundred twenty-five percent (125%) of the fair market rental rate payable for the last month of the Term of this Lease; and (as reasonably determined by Landlordc) for any period after the Premises or expiration of the sixth (ii6th) two month of such holding over to which Landlord consents, Tenant shall pay Base Rent at one hundred fifty percent (200150%) of the Monthly Rent and Additional Rent rate payable under this Lease for the last full month prior of the Term of this Lease. In addition to the date adjusted Base Rent obligations noted above, Tenant shall continue to owe its proportionate share of Additional Rent at the rate payable in the last month of the Term of this Lease. B. Should Tenant (a) hold over after the early termination of this Lease (rather than hold over after the Expiration Date), or (b) hold over after the Expiration Date without having timely provided the Hold Over Notice to Landlord, or (c) hold over after the sixth (6th) month after the Expiration Date without the prior written consent of Landlord, by lapse of time or otherwise, Tenant shall become a tenant from month-to-month only upon each and all of the terms herein provided as may be applicable to such expiration month-to-month tenancy and any such holding over shall not constitute an extension of this Lease; provided, however, during such holding over, Tenant shall pay Base Rent at one hundred twenty-five percent (125%) for the first three (3) months and thereafter at one hundred fifty percent (150%) of the rate payable for the month immediately preceding said holding over, and in addition, Tenant shall pay Landlord the Additional Rent and all actual direct damages sustained by reason of Tenant’s holding over. Tenant shall not be liable for consequential, punitive, special or terminationsimilar damages by reason of that holding over.

Holding Over. If Tenant remains in possession of the Premises ------------ shall hold over after the expiration of the Lease Term or earlier other termination of this Lease with the express written consent of Landlord (which consent may Lease, such holding over shall not be withheld in Landlord's sole discretion), Tenant's occupancy shall deemed to be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration renewal of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy but shall be on deemed to create a tenancy-at-sufferance and by such holding over Tenant shall continue to be bound by all of the terms and conditions of this Lease, Lease except that any renewal optionsduring such tenancy-at-sufferance, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required above, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly to Landlord (a) Rent during at the holdover period an amount rate equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of that provided for in the Monthly Rent foregoing Article 4, and (b) any and all operating expenses and other forms of Additional Rent payable under the terms of this Lease Lease. The increased Rent during such holding over is intended to partially compensate Landlord for the last full month prior losses, damages and expenses, including frustrating and delaying Landlord's ability to the date of such expiration or termination.secure a replacement tenant. IN THE EVENT TENANT GIVES LANDLORD AT LEAST NINE (9) MONTHS PRIOR NOTICE OF ITS INTENT TO HOLDOVER FOR THREE (3) MONTHS AT THE END OF THE TERM OF THE LEASE, THEN THE TENANT MAY HOLDOVER FOR THREE (3) MONTHS (BUT NOT MORE THAN THREE (3) MONTHS) ("PERMISSIBLE HOLDOVER PERIOD") AND THE MONTHLY HOLDOVER RATE DURING THE PERMISSIBLE HOLDOVER PERIOD SHALL BE ONE HUNDRED AND FIFTY PERCENT (150%), AFTER WHICH THE TENANT SHALL BE A TENANT-AT-SUFFERANCE AND THE HOLDOVER RATE SHALL BE TWO HUNDRED PERCENT (200%)

Holding Over. If 22.1 Tenant remains in possession acknowledges that it is extremely important that Landlord have substantial advance notice of the date on which Tenant will vacate the Premises, and that if Tenant fails to surrender the Premises ------------ after or any portion thereof at the expiration or earlier termination of this the Lease with Term or upon Landlord’s re-entry following an Event of Default, then it will be conclusively presumed that the express written consent value to Tenant of remaining in possession, and the loss that will be suffered by Landlord (which consent may be withheld in Landlord's sole discretion)as a result thereof, Tenant's occupancy shall be a month-to-month tenancy at a far exceed the Base Rent and additional rent equal to that would have been payable had the greater of (i) for the first thirty (30) days of any Lease Term continued during such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however. Therefore, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then (or anyone claiming through or under Tenant) does not immediately surrender the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation Premises or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after portion thereof upon the expiration or earlier termination of this the Lease without Term or upon Landlord's consent as required above’s re-entry following an Event of Default, Tenant's continued possession then the rent payable by Tenant hereunder shall be on increased to equal (1) for each of the basis first (1st) and second (2nd) months of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to such holdover, the greater of (i) one hundred twenty-five fifty percent (125150%) of the fair market rental (as reasonably determined by Landlord) rent for the Premises entire Premises, or (ii) the one hundred fifty percent (150%) of the then fully escalated Base Rent and additional rent, and (2) for each month of holdover thereafter, the greater of (x) two hundred percent (200%) of the Monthly fair market rent for the entire Premises, or (y) two hundred percent (200%) of the then fully escalated Base Rent and Additional Rent additional rent. Such rent shall be computed by Landlord and paid by Tenant on a monthly basis and shall be payable under this Lease for on the last full month prior to the date first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises have been vacated. Notwithstanding any other provision of this Lease, Landlord’s acceptance of such rent shall not in any manner adversely affect Landlord’s other rights and remedies, including Landlord’s right to evict Tenant and to recover all damages, and Tenant shall save Landlord, its agents and employees, harmless and will exonerate, defend and indemnify Landlord, its agents and employees, from and against any and all damages which Landlord may suffer on account of Tenant’s hold-over in the Premises after the expiration or terminationprior termination of the Lease Term. Any such holdover shall be deemed to be a tenancy at sufferance and not a tenancy at will. In no event shall any holdover be deemed a permitted extension or renewal of the Lease Term, and nothing contained herein shall be construed to constitute Landlord’s consent to any holdover or to give Tenant any right with respect thereto. The provisions of this Section 22.1 expressly survive termination of the Lease or of Tenant’s right to possession.

Holding Over. If Tenant remains in retains possession of the Premises ------------ or any part thereof after the expiration termination of this Lease, whether by lapse of time or earlier otherwise, or after a termination of Tenant’s right of possession, then Landlord may, at Landlord’s sole election at any time after the termination of this Lease with or Tenant’s right of possession, serve written notice on Tenant that such holding over constitutes either: (i) the express written consent creation of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy upon each of the terms herein provided as may be applicable to such month-to-month tenancy, except that Tenant shall pay to Landlord Base Rent for each month or portion thereof in the amount set forth below, plus all Additional Rent coming due during such period, or (ii) the creation of a tenancy at sufferance upon each of the terms herein provided as may be applicable to such tenancy at sufferance, except that Tenant shall pay to Landlord a per diem rent equal to the greater per diem Base Rent set forth below, plus the per diem amount of all Additional Rent. If no written notice is served by Landlord, then a tenancy at sufferance with Rent as stated in (ii) above shall have been created. The provisions of this Section shall not operate as a waiver by Landlord of any right of re-entry herein provided. In addition to and not in limitation of all other remedies set forth in this Section, Tenant shall be liable for all damages (consequential as well as direct) sustained by Landlord on account of Tenant’s holding over. Base Rent payable during any holding over shall be as follows: (i) for during the first thirty sixty (3060) days following the termination of any such holdover period, one hundred twenty-five percent (125%), and for each day this Lease or the termination of the holdover period thereafterTenant’s right of possession, one hundred fifty percent (150%), ) of the Monthly Base Rent and Additional Rent payable under this Lease during for the last full calendar month prior to immediately preceding the termination date of the expiration of this Lease or the termination of Tenant’s right of possession; and (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord from and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier sixty-first (61st) day following the termination of this Lease without Landlord's consent as required aboveor the termination of Tenant’s right of possession, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Base Rent and Additional Rent payable under for the calendar month immediately preceding the termination date of this Lease for or the last full month prior to the date termination of such expiration or terminationTenant’s right of possession.

Holding Over. If 26.1. If, with Landlord’s prior written consent, Tenant remains in holds possession of all or any part of the Premises ------------ after the Term, Tenant shall become a tenant from month to month after the expiration or earlier termination of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%)Term, and in such case Tenant shall continue to pay (a) Base Rent in accordance with Article 6, as adjusted in accordance with Article 7, and (b) any amounts for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable which Tenant would otherwise be liable under this Lease during if the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) were still in effect, including payments for the Premises; providedTaxes, howeverInsurance Costs, if Landlord Tenant’s electricity and Tenant agree in writing that a different monthly rent shall apply during other utility costs, and all other Additional Rent. Any such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on subject to every other term, covenant and agreement contained herein. 26.2. Notwithstanding the terms and conditions of this Leaseforegoing, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If if Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease the Term without Landlord's consent as required above’s prior written consent, Tenant's continued possession (a) Tenant shall become a tenant at sufferance subject to the terms and conditions of this Lease, except that the monthly rent shall be on equal to one hundred fifty percent (150%) of the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent in effect during the last thirty (30) days of the Term, and (b) if such holdover period an amount equal to continues for more than thirty (30) days after the greater earlier of (i) one hundred twenty-five percent (125%) the expiration or earlier termination of the fair market rental Term and (as reasonably determined by Landlordii) the date Landlord notifies Tenant that Landlord has procured a tenant that is ready, willing, and able to sign a lease for the Premises (or portion thereof), Tenant shall be liable to Landlord for any and all damages suffered by Landlord as a result of such holdover, including any lost rent or consequential, special and indirect damages (ii) two hundred percent (200%) in each case, regardless of whether such damages are foreseeable).Acceptance by Landlord of Rent after the expiration or earlier termination of the Monthly Rent Term shall not result in an extension, renewal or reinstatement of this Lease. 26.3. The foregoing provisions of this Article are in addition to and Additional Rent payable under do not affect Landlord’s right of reentry or any other rights of Landlord hereunder or as otherwise provided by Applicable Laws. 26.4. The provisions of this Lease for Article shall survive the last full month prior to the date of such expiration or terminationearlier termination of this Lease.

Holding Over. If No holding over by Tenant remains in past the Expiration Date shall operate to extend the Term. Notwithstanding the foregoing, if Tenant gives Landlord not less than twelve (12) months prior written notice, Tenant will have the one time right to hold over possession of the entire Premises ------------ after the expiration or earlier termination for one calendar month on all of this Lease with the express written consent of Landlord (which consent may be withheld in Landlord's sole discretion), Tenant's occupancy shall be a month-to-month tenancy at a rent equal to the greater of (i) for the first thirty (30) days of any such holdover period, one hundred twenty-five percent (125%), and for each day of the holdover period thereafter, one hundred fifty percent (150%), of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises; provided, however, if Landlord and Tenant agree in writing that a different monthly rent shall apply during such month-to-month tenancy, then the monthly rent specified in such written agreement shall instead apply. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights Base Rent for said one month period of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease holdover shall be deemed increased to have terminated one hundred fifty percent (150%) of the Base Rent in effect during the last month of the Term and shall be inapplicable thereto. Landlord's acceptance the terms of rent after such holding over with Landlord's written consent the following three sentences shall not result in any other tenancy or in a renewal of apply. Subject to the original term of this Lease. If foregoing, if Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent as required aboveLease: (i) Tenant shall become a tenant at sufferance upon all the applicable terms and conditions of this Lease, Tenant's continued possession except that Base Rent shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal increased to the greater of (ia) one hundred twenty-five fifty percent (125150%) of the Base Rent in effect for the last month of the Term, and (b) one hundred fifty percent (150%) of the fair market rental value of the Premises (as reasonably determined evidenced by the rental rates then being offered by Landlord for comparable space in the Building) during such period. In addition to the foregoing, Tenant shall indemnify, defend, protect and hold harmless Landlord, the other Indemnitees, and any tenant to whom Landlord has leased all or part of the Premises from Claims (including loss of rent loss to Landlord or additional rent payable by such tenant and reasonable attorneys’ fees) suffered or incurred by Landlord, such other Indemnitees, or such tenant resulting from Tenant’s failure timely to vacate the Premises; and (iii) such holding over by Tenant shall constitute an Event of Default. Landlord’s acceptance of Rent if and after Tenant holds over shall not convert Tenant’s tenancy at sufferance to 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. 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 (ii) two hundred percent (200%) any portion thereof entered into by Landlord as of the Monthly Rent and Additional Rent payable under this Lease for the last full month prior to the date of such request and which will commence after the expiration or terminationof the term of this Lease and for which Landlord may suffer Claims if Tenant fails to timely vacate the Premises.