Common use of Holding Over Clause in Contracts

Holding Over. If Tenant fails to surrender all or any part of the Premises at the termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiations.

Holding Over. If Tenant fails to surrender all or any part of the Premises at the termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this This Lease shall be construed to extend terminate without further notice upon the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall promptly respond to constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such requestevents, informing Tenant (possession shall be subject to all of the limitations terms of any confidentiality or nondisclosure agreement then binding Landlordthis Lease, except that the monthly Basic Rent shall be one hundred twenty percent (120%) as to whether Landlord is negotiating of the Basic Rent for the month immediately preceding the date of termination for the initial two (or has completed2) such a lease; howevermonths of holdover by Tenant and thereafter, the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite Landlord's written demand to do so (which demand shall include notice to Tenant of a succeeding tenant and the need for Tenant's immediate surrender), then Tenant shall be liable for Landlord's foreseeable consequential and other damages (including, without limitation, reasonable attorney's fees) proximately caused by such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this sentence will Section are in no event limit Tenant’s obligations addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, Lease or at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationslaw.

Holding Over. If Tenant fails to surrender all Tenant, or any part assignee or subtenant of Tenant, holds over possession of the Premises at beyond the expiration or earlier termination of this Lease, occupancy of the Premises after termination shall such holding over will not be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed deemed to extend the Term or prevent Landlord from immediate recovery renew this Lease but such holding over will continue upon the terms, covenants and conditions of possession this Lease except that the charge for use and occupancy of the Premises by summary proceedings for each calendar month or otherwise. If Landlord is unable portion thereof that Tenant or such assignee or subtenant holds over will be a liquidated sum equal to deliver possession one-twelfth (1/12th) of two (2) times the Premises to a new tenant or to perform improvements Basic Rent and Additional Rent for a new tenant as a result of Tenant’s holdover, Tenant shall be liable the Lease Year preceding the Expiration Date for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least first thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such requestholdover period, and thereafter, two (2) times such Basic Rent and Additional Rent. Tenant shall remain obligated to continue to pay Additional Rent during any holdover period. The parties recognize and agree that the damage to Landlord is then negotiating the terms resulting from any failure by Tenant or any assignee or subtenant of a lease which will require Landlord Tenant to have timely surrender possession of the Premises as will exceed the amount of the date monthly Basic Rent and Additional Rent and will be impossible to accurately measure. In connection with any holdover, in no event shall Tenant, or any assignee or subtenant, be liable for any consequential damages unless Landlord gives Tenant written notice that the Premises have been leased to another Tenant after the Termination Date. If the Premises are not surrendered upon the expiration or earlier termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord against any and all losses and liabilities resulting therefrom, including, without limitation, any claims made by any succeeding tenant founded upon such delay. Nothing contained in this Lease will be construed as a consent by Landlord to the occupancy or possession of the Premises beyond the expiration or earlier termination of this Lease. Tenant shall, at its sole cost and expense, take all actions required to remove any assignee or subtenant of Tenant, or other party claiming rights to the Premises under or through Tenant upon the expiration or earlier termination of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the . The provisions of this sentence Article 24 will in no event limit Tenant’s obligations under survive the expiration or earlier termination of this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

Holding Over. If, with the prior written consent of Landlord, Tenant holds possession of the Premises after expiration of the Term, Tenant shall become a tenant from month to month upon all of the terms specified in this Lease as applicable immediately prior to expiration of such Term, except that Minimum Rent shall be one hundred and fifty percent (150%) of that applicable immediately prior to expiration of such Term. If Tenant fails holds over in the Premises without Landlord's prior written consent, then Tenant shall be a tenant-at-sufferance. Each party shall give the other not less than thirty (30) days' notice of its intention to surrender all or any part terminate a month to month tenancy (although a tenancy at sufferance may be terminated immediately without written notice) and such month to month tenancy shall terminate at the end of a calendar month. If Landlord should terminate Tenant's holdover tenancy as provided in this Paragraph 26 and Tenant shall fail to vacate the Premises at the termination expiration of this Leasesuch tenancy, occupancy of the Premises after termination Tenant agrees that it shall be that liable to Landlord for all actual and consequential damages resulting from Tenant's failure to so vacate. These damages may include, without limitation, the cost of unlawful detainer proceedings instituted by Landlord against Tenant, including court costs and attorneys' fees and costs, increased construction costs to Landlord as a tenancy at sufferance. Tenant’s occupancy shall be subject result of Landlord's inability to all the terms and provisions timely commence construction of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdoverfor the Premises, Tenant shall be liable for any and all damages, fees, and/or costs incurred or lost rent that results from Landlord's inability to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of timely deliver the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to new tenant. This clause shall survive the limitations of any confidentiality expiration or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions earlier termination of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

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

Holding Over. Subtenant shall have no right to Holdover. If Tenant Subtenant does not surrender and vacate the Subleased Premises at the Expiration Date of this Sublease, Subtenant shall be a tenant at sufferance, or at the sole election of Sublandlord, a month to month tenancy, and the parties agree in either case that the reasonable rental value, if at sufferance, or the Rent if a month to month tenancy shall be the monthly rate of one hundred and fifty percent (150%) of the monthly Rent set forth in Article 3, and if the definition of Rent in either case does not include additional rent, then with any additional rent due and payable during such holdover period of time. In connection with this ▇▇▇▇▇▇▇▇▇ ▇▇.▇, ▇▇▇▇▇▇▇▇▇▇▇ and Subtenant agree that the reasonable rental value of the Subleased Premises following the Expiration Date of the Sublease shall be the amounts set forth above per month. Sublandlord and Subtenant acknowledge and agree that, under the circumstances existing as of the Effective Date, it is impracticable and/or extremely difficult to ascertain the reasonable rental value of the Subleased Premises on the Expiration Date and that the reasonable rental value established herein is a reasonable estimate of the damage that Sublandlord would suffer as the result of the failure of Subtenant to timely surrender possession of the Subleased Premises. The parties acknowledge that the liquidated damages established herein is not intended as a forfeiture or penalty within the meaning of California Civil Code sections 3275 or 3369, but is intended to constitute liquidated damages to Sublandlord pursuant to California Civil Code sections 1671, 1676, and 1677. Notwithstanding the foregoing, and in addition to all other rights and remedies on the part of Sublandlord if Subtenant fails to surrender all or any part of the Subleased Premises at upon the termination or expiration of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to TenantSublease, in the process of negotiating addition to any other liabilities to Sublandlord accruing therefrom, Subtenant shall indemnify, defend and hold Sublandlord harmless from all Claims resulting from such leasefailure, the same shall not diminish Tenant’s rightsincluding, liabilities or obligations hereunder without limitation, any Claims by any third parties based on such failure to surrender. Furthermore, in the event that Subtenant fails to surrender the Premises after such time that (a) the Master Lease has expired and (b) Sublandlord has surrendered its premises under the Master Lease, then the rate for month to month tenancy at sufferance shall be one hundred and fifty percent of any and all Rent due to Master Landlord subsequently commences any such negotiationsfrom Sublandlord under the holdover provisions of the Master Lease.

Holding Over. If Tenant fails to surrender all Tenant, or any part assignee or subtenant of Tenant, holds over possession of the Premises at beyond the expiration or earlier termination of this Lease, occupancy of the Premises after termination shall such holding over will not be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed deemed to extend the Term or prevent renew this Lease but such holding over will continue upon the terms, covenants and conditions of this Lease except that the charge for use and occupancy of the Premises for each calendar month or portion thereof that Tenant or such assignee or subtenant holds over will be a liquidated sum equal to one and one-half (11/2) times the Basic Rent and Additional Rent payable for the month immediately preceding the expiration or earlier termination of this Lease for the first six (6) months of such holding over, and thereafter, two (2) times the Basic Rent and Additional Rent payable for the month immediately preceding the expiration or earlier termination of this Lease. The parties recognize and agree that the damage to Landlord resulting from immediate recovery any failure by Tenant or any assignee or subtenant of Tenant to timely surrender possession of the Premises by summary proceedings or otherwisewill exceed the amount of the monthly Basic Rent and Additional Rent and will be impossible to accurately measure. If the Premises are not surrendered upon the expiration or earlier termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord is unable against any and all losses and liabilities resulting therefrom, including, without limitation, any claims made by any succeeding tenant founded upon such delay. Nothing contained in this Lease will be construed as a consent by Landlord to deliver the occupancy or possession of the Premises beyond the expiration or earlier termination of this Lease. Tenant shall, at its sole cost and expense, take all actions required to a new tenant remove any assignee or to perform improvements for a new tenant as a result subtenant of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior other party claiming rights to the date of Premises under or through Tenant upon the expiration or earlier termination of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the . The provisions of this sentence Article 24 will in no event limit Tenant’s obligations under survive the expiration or earlier termination of this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

Holding Over. If Tenant fails Sublandlord and Subtenant recognize and agree that the damage to Sublandlord resulting from any failure by Subtenant to timely surrender all or any part possession of the Premises at upon the Expiration Date will be substantial, will exceed the amount of the monthly installments of Base Rent payable hereunder, and will be impossible to accurately measure. In the event that Subtenant shall not immediately surrender the Premises on the Expiration Date or earlier termination of the Term, Subtenant shall be required to pay each month of such hold-over tenancy one hundred fifty percent (150%) the Rent in effect during the last month of the Term of this Lease. In addition to any other rights and remedies Sublandlord may have hereunder or at law, occupancy Subtenant agrees that if possession of the Premises is not surrendered to Sublandlord in the condition required herein on or before the Prime Lease Expiration Date, then Subtenant shall pay to Sublandlord for each month and for any portion of each month during which Subtenant holds over in the Premises after the Prime Lease Expiration Date Sublandlord’s holdover damages under the Prime Lease with respect to the Prime Lease Premises. Subtenant agrees to indemnify and save Sublandlord harmless from and against any and all loss, cost, expense or liability resulting from a third party claim arising from the failure of, or the delay by, Subtenant in so surrendering the Premises on or before the Expiration Date, including, without limitation, any claims made by Landlord or any succeeding tenant founded on such failure. Nothing herein contained shall be deemed to permit Subtenant to retain possession of the Premises after the expiration or earlier termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord no acceptance by Sublandlord of payments from Subtenant shall promptly respond be deemed to such request, informing Tenant (subject be other than on account of the amount to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, be paid by Subtenant in accordance with the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and Paragraph 19, which provisions shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at survive the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsExpiration Date.

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

Holding Over. If Tenant fails to surrender Subtenant (directly or through any transferee or other successor-in-interest of Subtenant) remains in possession of all or any part of the Subleased Premises at after the expiration of the Sublease Term or earlier termination of this LeaseSublease, occupancy such holding over, in the absence of an express written agreement to the Premises after termination contrary, shall be that on the basis of a tenancy at sufferancethe sufferance of Sublandlord. Tenant’s occupancy In such event, Subtenant shall continue to comply with all of the terms, conditions and covenants of this Sublease as though the Sublease Term had continued, except that such tenancy at sufferance shall be subject terminable by Sublandlord at any time and rent shall be paid for each month (or portion thereof) during which Subtenant holds over in the Subleased Premises after the expiration or earlier termination of this Sublease, in an amount equal to 200% of the highest monthly Base Sublease Rent due under this Sublease for any month during the Sublease Term, plus all other amounts that would otherwise have been payable as Additional Rent had the terms Sublease Term continued through the period of such holding over. If Subtenant fails to surrender the Subleased Premises on the expiration of this Sublease, in addition to any other liabilities to Sublandlord accruing therefrom, Subtenant shall indemnify and hold Sublandlord harmless from all loss or liability resulting from such failure, including without limitation (i) any claims of Master Landlord against Sublandlord for failure to surrender the Premises at the time and in the manner required under the Master Lease or for violating any term of the Master Lease, and (ii) any claims made by any succeeding subtenant, tenant or other party based upon such failure. This indemnification obligation shall survive the expiration or earlier termination of this Sublease. The provisions of this Lease, paragraph are in addition to and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination do not limit Sublandlord’s rights or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit TenantSubtenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsSublease.

Holding Over. If Tenant fails to surrender all Tenant, or any part assignee or subtenant of Tenant, holds over possession of the Premises at beyond the expiration or earlier termination of this Lease, occupancy of the Premises after termination shall such holding over will not be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed deemed to extend the Term or prevent Landlord from immediate recovery renew this Lease but such holding over will continue upon the terms, covenants and conditions of possession this Lease except that the charge for use and occupancy of the Premises by summary proceedings for each calendar month or otherwise. If Landlord is unable portion thereof that Tenant or such assignee or subtenant holds over will be a liquidated sum equal to deliver possession one-twelfth (1/12th) of one and one half (11/2) times the Premises to a new tenant or to perform improvements Basic Rent and Additional Rent for a new tenant as a result of Tenant’s holdover, Tenant shall be liable the Lease Year preceding the Expiration Date for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least first thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such requestholdover period, and thereafter, two (2) times such Basic Rent and Additional Rent. Tenant shall remain obligated to continue to pay Additional Rent during any holdover period. The parties recognize and agree that the damage to Landlord is then negotiating the terms resulting from any failure by Tenant or any assignee or subtenant of a lease which will require Landlord Tenant to have timely surrender possession of the Premises as will exceed the amount of the date monthly Basic Rent and Additional Rent and will be impossible to accurately measure. In connection with any holdover, in no event shall Tenant, or any assignee or subtenant, be liable for any consequential damages unless Landlord gives Tenant written notice that the Premises have been leased to another Tenant after the Termination Date. If the Premises are not surrendered upon the expiration or earlier termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord against any and all losses and liabilities resulting therefrom, including, without limitation, any claims made by any succeeding tenant founded upon such delay. Nothing contained in this Lease will be construed as a consent by Landlord to the occupancy or possession of the Premises beyond the expiration or earlier termination of this Lease. Tenant shall, at its sole cost and expense, take all actions required to remove any assignee or subtenant of Tenant, or other party claiming rights to the Premises under or through Tenant upon the expiration or earlier termination of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the . The provisions of this sentence Article 24 will in no event limit Tenant’s obligations under survive the expiration or earlier termination of this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

Holding Over. If Tenant fails to surrender all or any part of the Premises at the termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this This Lease shall be construed to extend terminate without further notice upon the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall promptly respond constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such request, informing Tenant (subject failure to surrender. Acceptance by Landlord of rent after the limitations termination shall not constitute a consent to a holdover or result in a renewal of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the this Lease. The foregoing provisions of this sentence will Section are in no event limit Tenant’s obligations addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, Lease or at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationslaw.

Holding Over. If Tenant fails (a) Upon any termination of this Sublease for any reason except for a breach by Exult, subject to surrender all or Section 4(b), Exult shall be entitled to remain on the Premises for a period not to exceed 180 days following the date of such termination. In addition, in case of early termination of this Sublease by Exult under Section 3(b), in no event shall the holdover term, plus the period of time from the notice date to the termination date, exceed 365 days. Exult's tenancy during any such holdover period shall be pursuant to the terms and conditions of this Sublease, except that the rent for the holdover period shall be a daily amount calculated as the quotient obtained by dividing the annual rent in effect at the time of termination of this Sublease by 365, and shall be payable on the first day of each calendar month during the holdover term for the days in that calendar month constituting part of the Premises at the termination of this Leaseholdover term. (i) Notwithstanding Section 4(a), occupancy of if Exult remains on the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms Prime Lease Expiration Date and provisions of this after IP vacates the Building in compliance with the Prime Lease, and Tenant shall pay an amount if Exult has received Adequate Prime Lease Termination Notice (on a per month basis without reduction as defined below), then Exult will be responsible for partial months during all holdover costs under the holdover) equal to the greater of (a) Prime Lease, including Exult paying 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the entire 217,743 square feet of the Building, for the period after the Prime Lease Expiration Date and IP's vacating the Building in compliance with the Prime Lease. (ii) If Exult remains on the Premises after the Prime Lease Expiration Date and after IP vacates the Building in compliance with the Prime Lease, and if Exult has not received Adequate Prime Lease Termination Notice, then any costs of Exult's holding over in the Premises, as determined in good faith by Landlord, plus in each case, 100including payment of 150% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend rent for the Term or prevent Landlord from immediate recovery of possession entire 217,743 square feet of the Premises Building, for the Residual Notice Period (as defined below) will be borne by summary proceedings or otherwise. If Landlord is unable IP, provided that Exult will continue to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any meet its rent and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s other payment obligations under this Sublease during the Residual Notice Period. If this Section 22 4(b)(ii) applies but Exult holds over beyond the Residual Notice Period, then Exult will be responsible for all holdover costs under the Prime Lease, including Exult paying 150% of the rent for the entire 217,743 square feet of the Building, for the period after the Residual Notice Period in compliance with the Prime Lease. (iii) For purposes of this Section 4(b), (A) "Adequate Prime Lease Termination Notice" means that IP has informed Exult in writing at least 365 days before the Prime Lease Expiration Date; and shall be for informational purposes only. Tenant expressly acknowledges that even (B) the "Residual Notice Period" means the number of days, if Landlord is notany, at calculated as the time Landlord delivers such notice to Tenant, difference between 365 and the number of days from the date IP informs Exult in writing of the process of negotiating such lease, Prime Lease Termination Date until the same shall not diminish Tenant’s rights, liabilities or obligations hereunder Prime Lease Termination Date has occurred and IP has vacated the Building in compliance with the event that Landlord subsequently commences any such negotiationsPrime Lease.

Holding Over. If This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to surrender all do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or any part earlier termination) of the Premises Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy possession shall be subject to all of the terms and provisions of this Lease, and Tenant except that the monthly Basic Rent shall pay an amount be one hundred fifty percent (on a per month basis without reduction for partial months during the holdover150%) equal to of the greater of (a) 150% of the Base Basic Rent in effect for the month immediately preceding such the date of termination or (b) the fair market rent then currently scheduled Basic Rent for comparable space in the PremisesProject. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, as determined unless otherwise agreed in good faith writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for indemnify and hold Landlord harmless from all loss or liability, including without limitation, any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, claims made by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond any succeeding tenant relating to such request, informing Tenant (subject failure to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the surrender. The foregoing provisions of this sentence will Section are in no event limit Tenantaddition to and do not affect Landlord’s obligations right of re-entry or any other rights of Landlord under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, Lease or at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationslaw.

Holding Over. If Tenant fails to surrender all or any part of the Premises at the termination of this Lease, occupancy remains in possession of the Premises after expiration or earlier termination shall be that of a tenancy at sufferance. this Lease with Landlord’s express consent, Tenant’s occupancy shall be subject a month to all month tenancy at a rent agreed upon by Landlord and Tenant but, in no event less than the Monthly Basic Rent payable under this Lease during the last full month before the date of expiration or earlier termination. The month to month tenancy shall be on the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination conditions of this Lease shall be construed to extend except as provided in the preceding sentence and the Lease clauses concerning extension rights. If Tenant holds over after the expiration or earlier termination of the Term or prevent Landlord from immediate recovery hereof without the express written consent of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdoverLandlord, Tenant shall become a tenant at sufferance only, at a rental rate equal to one hundred fifty percent (150%) of the Monthly Basic Rent which would be liable for any and all damages, fees, and/or costs incurred or applicable to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to Premises upon the date of expiration of the TermTerm (prorated on a daily basis), and otherwise subject to request the terms, covenants and conditions herein specified, so far as applicable including, without limitation, the obligation to pay Direct Operating Expenses and Common Operating Expenses as provided in writing that Paragraphs 5 and 6.2. Acceptance by Landlord notify of rent after such expiration or earlier termination shall not constitute a consent to a holdover hereunder or result in a renewal. 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 hereunder or as otherwise provided by law. If Tenant iffails to surrender the Premises, as of the date Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such requestfailure, Landlord is then negotiating the terms including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of a lease which will require this Paragraph 11 shall be construed as implied consent by Landlord to have any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the this Lease. The provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same Paragraph 11 shall not diminish Tenant’s rightsbe considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law; provided, liabilities or obligations hereunder in the event however, that Landlord subsequently commences any such negotiationsshall not be entitled to consequential damages except as expressly provided in this Paragraph 11.

Holding Over. 12.1. If Tenant fails to surrender all or any part holds over possession of the Premises at beyond the termination Termination Date or prior expiration of the Term, such holding over shall not be deemed to extend the Term or renew this Lease but such holding over shall continue upon the terms covenants and conditions of this Lease, Lease as a tenant at will except that Tenant agrees that the charge for use and occupancy of the Premises after termination for each calendar month or portion thereof that Tenant holds over (even if such part shall be that of a tenancy at sufferance. Tenant’s occupancy one day) shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) liquidated sum equal to the greater one-twelfth (1/12th) of one hundred fifty percent (a150%) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable and Additional Rent. No holdover Rent required to be paid by Tenant during the calendar year preceding the Termination Date or payment earlier expiration of the Term. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant after to timely surrender possession of the termination Premises will be extremely substantial, will exceed the amount of the monthly Base Rent and Additional Rent payable hereunder and will be impossible to accurately measure. If the Premises are not surrendered upon the Termination Date or prior expiration of the Term, in addition to the use and occupancy charge set forth above, Tenant shall indemnify and hold harmless Landlord against any and all losses and liabilities resulting therefrom, including, without limitation, any claims made by any succeeding tenant founded upon such delay. Nothing contained in this Lease shall be construed as a consent by Landlord to extend the Term occupancy or prevent Landlord from immediate recovery of possession by Tenant of the Premises by summary proceedings beyond the Termination Date or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord, upon said Termination Date or prior expiration of the Term, or at any time thereafter (and notwithstanding that Landlord may accept from Tenant one or more payments called for by this Section 12.1), shall promptly respond to such request, informing Tenant (subject be entitled to the limitations benefit of any confidentiality all legal remedies that now may be in force or nondisclosure agreement then binding Landlord) as may be hereafter enacted relating to whether Landlord is negotiating (or has completed) such a lease; however, the immediate repossession of the Premises. The provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and Article shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at survive the time Landlord delivers such notice to Tenant, in Termination Date or earlier expiration of the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsTerm.

Holding Over. If Tenant fails shall have no right whatsoever to surrender all or any part remain in possession of the Premises at following the expiration or earlier termination of this Leasethe Lease Term, occupancy whether or not Landlord has given Tenant notice to vacate. If Tenant does not immediately surrender the Premises upon the expiration or earlier termination of the Premises after termination Lease Term, then Tenant shall become a tenant at sufferance subject to immediate eviction by Landlord at any time, and the rent shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject increased to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (ax) 200% of the Annual Fixed Rent and Additional Rent calculated at the highest rate payable under the terms of this Lease, or (y) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for rental value of the Premises. Such rent shall be computed on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises have been vacated. Landlord’s acceptance of such rent shall not in any manner adversely affect Landlord’s other rights and remedies, as determined including Landlord’s right to evict Tenant and to recover damages, and Tenant shall be liable for all loss, cost and damage incurred by Landlord resulting from Tenant’s failure and delay in good faith by Landlord, plus surrendering the Premises. All property which remains in each case, 100% of all applicable Additional Rent. No holdover by Tenant the Building or payment by Tenant the Premises after the expiration or termination of this Lease shall be construed conclusively deemed to extend 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 Term or prevent Landlord from immediate recovery proceeds of possession such sale and apply the same, at its option against the expenses of the Premises sale, the cost of moving and storage, any arrears of rent or other charges payable hereunder by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior and any damages to the date of expiration of the Term, to request in writing that which Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations may be entitled under this Section 22 Lease and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, law and in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsequity.

Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that the Monthly Base Rent for any such holdover period shall be equal to one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, prorated on a daily basis. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender all or any part of the Premises at upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant's failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiations.

Holding Over. If Unless Landlord expressly consents in writing to Tenant's holding over, Tenant fails to surrender all or any part of the Premises at the termination of this Lease, occupancy of the Premises after termination shall be that unlawfully and illegally in possession of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by whether or not Landlord accepts any rent from Tenant or payment by any other person while Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of remains in possession of the Premises by summary proceedings or otherwisewithout Landlord's written consent. If Landlord is unable to deliver Tenant shall retain possession of the Premises to a new tenant or to perform improvements any portion thereof without Landlord's consent following the expiration of this Lease or sooner termination for a new tenant as a result of Tenant’s holdover, any reason then Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered pay to Landlord at least thirty for each day of such retention triple two hundred percent (30200%) days the amount of daily rental as of the last month prior to the date of expiration or earlier termination. Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, including consequential and incidental damages and reasonable attorneys' fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises within thirty (30) days following the expiration or earlier termination of the TermTerm or extended Term of this Lease, to request in writing that including without limitation, any claims made by the succeeding tenant founded on such delay. Acceptance of Rent by Landlord notify Tenant iffollowing expiration or earlier termination of this Lease, as or following demand by Landlord for possession of the date Premises, shall not constitute a renewal of this Lease, and nothing contained in this Paragraph 25 shall waive Landlord's right of reentry or any other right. Additionally, if upon expiration or earlier termination of this Lease, or following demand by Landlord for possession of the Premises. Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease then Landlord shall have the right to perform any such requestobligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord is then negotiating to complete such obligations shall be considered a period of holding over and the terms of a lease which will require this Paragraph 25 shall apply. The provisions of this Paragraph 25 shall survive any expiration or earlier termination of this Lease. If by written notice to Landlord to have possession of delivered not later than twelve (12) months prior in the Premises as of Term Expiration Date, or the date of expiration of the extended Term (the "Hold Over Notice"), Tenant advises Landlord of its intent to hold-over specifying the period of such hold-over (which period must be for a period of no longer than six (6) months) (the "Hold-Over Term") then Tenant may, as matter of right, remain in possession following the Term Expiration Date or the expiration of the extended Term, as the case may be, for the Hold-Over Term set forth in the Hold-Over Notice; provided, that the Base Rent for the Hold-Over Term shall be one hundred fifty percent (150%) of the sum of the Base Rent and Landlord shall promptly respond to such request, informing Tenant (subject to other charges payable for the limitations last month of any confidentiality the Term or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in extended Term. In no event limit Tenant’s obligations under this Section 22 and the preceding sentence shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at have the time Landlord delivers such notice right to Tenant, hold-over in the process Premises for more than one (1) six (6) month or shorter period beyond the Term Expiration Date or the expiration of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsextended Term.

Holding Over. If Tenant fails to surrender all or any part deliver possession of the Premises at on the Termination Date, but holds over after the expiration or earlier termination of this LeaseLease without the express prior written consent of Landlord, occupancy of the Premises after termination such tenancy shall be that of construed as a tenancy at sufferance. Tenant’s occupancy shall be subject from month-to-month (terminable by either Landlord or Tenant upon thirty (30) days’ prior written notice to all the other) on the same terms and provisions conditions as are contained herein, except that the Fixed Monthly Rent payable by Tenant during such period of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent holding over for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant first two (2) months following the Termination Date or payment by Tenant after the any earlier termination of this Lease shall automatically increase as of the Termination Date to an amount equal to one hundred twenty-five percent (125%) of the Fixed Monthly Rent payable by Tenant for the calendar month immediately prior to the date when Tenant commences such holding over and shall thereafter automatically increase to one hundred fifty percent (150%) of the Fixed Monthly Rent payable by Tenant for the calendar month immediately prior to the date when Tenant commences such holding over (the “Holdover Rent”). Tenant’s payment of such Holdover Rent, and Landlord’s acceptance thereof, shall not constitute a waiver by Landlord of any of Landlord’s rights or remedies with respect to such holding over, nor shall it be construed deemed to extend the Term be a consent by Landlord to Tenant’s continued occupancy or prevent Landlord from immediate recovery of possession of the Premises past the time period covered by summary proceedings or otherwiseTenant’s payment of the Holdover Rent. If Landlord is unable Furthermore, if Tenant fails to deliver possession of the Premises to a new Landlord within ten (10) business days after the expiration or earlier termination of this Lease, then, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees and expenses) and liability resulting from such failure, including without limiting the foregoing, any claims made by any succeeding tenant or to perform improvements for a new tenant as a result arising out of Tenant’s failure to so surrender, and any lost profits to Landlord resulting therefrom. Notwithstanding the provisions contained hereinabove regarding Tenant’s liability for a continuing holdover, Tenant shall be liable for Landlord agrees to use commercially reasonable efforts to insert into any and all damages, fees, and/or costs incurred or future lease of another tenant proposing to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of occupy the Premises as provisions similar to those contained in Section 2.1, permitting mitigation of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process damages arising out of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationstemporary holdover.

Holding Over. If Tenant remains in possession of the Premises after expiration or earlier termination of this Lease with Landlord's express consent, Tenant's occupancy shall be a month to month tenancy at a rent agreed upon by Landlord and Tenant but, in no event less than the aggregate of the Monthly Basic Rent, Parking Lot Rent, Storage Rent and Tenant's Percentage Share of the Operating Costs payable under this Lease during the last full month before the date of expiration or earlier termination. The month to month tenancy shall be on the terms and conditions of this Lease except as provided in the preceding sentence and the Lease clauses concerning extension rights. If Tenant holds over after the expiration or earlier termination of the Term hereof without the express written consent of Landlord, Tenant shall become a tenant at sufferance only, at a rental rate equal to one hundred fifty percent (150%) of the Monthly Basic Rent, Storage Rent and Parking Lot Rent which would be applicable to the Premises upon the date of such expiration (subject to adjustment as provided herein and prorated on a daily basis) for the first (60) days of such holdover, and two hundred percent (200%) of such aggregate amount thereafter during the pendency of such holdover, and otherwise subject to the terms, covenants and conditions herein specified, so far as applicable including, without limitation, the obligation to pay increased Operating Expenses as provided in Paragraph 5. Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this Paragraph 10 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender all or any part of the Premises at upon the termination expiration of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject Lease despite demand to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith do so by Landlord, plus in each caseTenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, 100% of all applicable Additional Rentincluding without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No holdover by Tenant or payment by Tenant after the termination provision of this Lease Paragraph 10 shall be construed as implied consent by Landlord to extend any holding over by Tenant. Landlord expressly reserves the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable right to deliver require Tenant to surrender possession of the Premises to a new tenant Landlord as provided in this Lease upon expiration or to perform improvements for a new tenant as a result other termination of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdoverthis Lease. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the The provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same Paragraph 10 shall not diminish Tenant’s rights, liabilities be considered to limit or obligations hereunder constitute a waiver of any other rights or remedies of Landlord provided in the event that Landlord subsequently commences any such negotiationsthis Lease or at law.

Holding Over. If A. Should Tenant provide to Landlord six (6) months prior written notice of its intention to hold over, Tenant shall be entitled to remain in possession of the Premises for a period of sixty (60) days following the end of the term of this Lease, or any renewal thereof, on the same terms and conditions as are set forth in this Lease and without liability to Landlord for any damages, consequential or otherwise, resulting from such holdover. Tenant hereby agrees that if it fails to surrender all or any part of the Premises at the end of said sixty (60)-day period, or earlier termination as provided in this Lease, Tenant shall be liable to Landlord for any and all actual damages which Landlord shall suffer by reason thereof, and Tenant shall indemnify Landlord against all claims and demands made by any succeeding tenants against Landlord, founded upon delay by Landlord in delivering possession of the Premises to any such succeeding tenant caused by Tenant's holding over beyond such sixty (60)-day period. B. If Tenant shall be in possession of the Premises after the sixty (60)-day period following termination of this Lease, occupancy in the absence of any agreement extending the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject term hereof, or Landlord's demand to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for sooner vacate the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of tenancy under this Lease shall be construed become one from month to extend the Term or prevent Landlord from immediate recovery of possession of the Premises month terminable by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least either party on thirty (30) days prior written notice, at a monthly Rent equal to the date of expiration one hundred fifty percent (150%) of the Term, to request in writing that Landlord notify Tenant if, as monthly installment of Rent payable during the last month of the date of such request, Landlord is then negotiating term. Tenant shall also pay all other charges payable under the terms of a lease this Lease, prorated for the period during which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord Tenant remains in possession. Such tenancy shall promptly respond to such request, informing Tenant (also be subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; howeverall other conditions, the provisions and obligations of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

Holding Over. If Any holding over after the expiration or other termination of this Lease with the written consent of Landlord delivered to Tenant shall be construed to be a tenancy from month to month at the Base Rent in effect on the date of such expiration or termination on the terms, covenants and conditions herein specified so far as applicable. Any holding over after the expiration or other termination of this Lease without the written consent of Landlord shall be construed to be a tenancy at sufferance on all the terms set forth herein, except that Base Rent shall be equal to one hundred twenty five percent (125%) of the Base Rent payable by Tenant immediately prior to such holding over for the first thirty (30) days of such holding over and one hundred fifty (150%) thereafter. Acceptance by Landlord of Rent after the expiration or termination of this Lease shall not constitute a consent by Landlord to any such tenancy from month to month or result in any other tenancy or any renewal of the term hereof. 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 all or any part of the Premises at upon the expiration or other termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject then, in addition to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal any other liabilities to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdoveraccruing therefrom, Tenant shall be liable for protect, defend, indemnify and hold Landlord harmless from all Losses resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered any lost profits to Landlord at least resulting therefrom; provided, however, that Tenant’s obligations to indemnify and hold Landlord harmless with respect to such claims shall be conditioned upon Landlord providing Tenant with not less than thirty (30) days prior to the date written notice of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of Landlord’s entry into a lease which or other agreement that will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond give rise to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the claims. The provisions of this sentence will Paragraph are in no event limit Tenantaddition to, and do not affect, Landlord’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice right to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities reentry or obligations other rights hereunder in the event that Landlord subsequently commences any such negotiationsor provided by law.

Holding Over. If Unless Landlord expressly consents in writing to Tenant's holding over, Tenant fails to surrender all or any part of the Premises at the termination of this Lease, occupancy of the Premises after termination shall be that unlawfully and illegally in possession of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by whether or not Landlord accepts any rent from Tenant or payment by any other person while Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of remains in possession of the Premises by summary proceedings or otherwisewithout Landlord's written consent. If Landlord is unable to deliver Tenant shall retain possession of the Premises to a new tenant or to perform improvements any portion thereof without Landlord's consent following the expiration of this Lease or sooner termination for a new tenant as a result of Tenant’s holdoverany reason, then Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered pay to Landlord at least thirty (30) days for each day of such retention triple the amount of daily rental as of the last month prior to the date of expiration or earlier termination. Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, including consequential and incidental damages and reasonable attorneys' fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by the succeeding tenant founded on such delay. Acceptance of Rent by Landlord following expiration or earlier termination of this Lease, or following demand by Landlord for possession of the TermPremises, to request shall not constitute a renewal of this Lease, and nothing contained in writing that this Paragraph 25 shall waive Landlord's right of reentry or any other right. Additionally, if upon expiration or earlier termination of this Lease, or following demand by Landlord notify Tenant if, as for possession of the date Premises, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such requestobligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord is then negotiating to complete such obligations shall be considered a period of holding over and the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord this Paragraph 25 shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the apply. The provisions of this sentence will in no event limit Tenant’s obligations under Paragraph 25 shall survive any expiration or earlier termination of this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant fails to surrender all holds over for any period after the expiration (or any part earlier termination) of the Premises Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy possession shall be subject to all of the terms and provisions of this Lease, and Tenant except that the monthly Basic Rent shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to be the greater of (a) one hundred fifty percent (150% %) of the Base Basic Rent in effect for the month immediately preceding such the date of termination for the initial month of hold over and one hundred seventy-five percent (175%) of the Basic Rent for the month immediately preceding the date of termination for each month of hold over thereafter, or (b) the fair market rent then currently scheduled Basic Rent for comparable space in the Premises, as determined in good faith Project. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, plus in each caseTenant shall indemnify and hold Landlord harmless from all loss or liability, 100% including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of all applicable Additional Rent. No holdover by Tenant or payment by Tenant rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwiseLease. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the The foregoing provisions of this sentence will Section are in no event limit Tenant’s obligations addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, Lease or at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationslaw.

Holding Over. If Any holding over after the expiration or other termination of this Lease with the written consent of Landlord delivered to Tenant shall be construed to be a tenancy from month to month at the Basic Monthly Rental in effect on the date of such expiration or termination on the terms, covenants and conditions herein specified so far as applicable. Any holding over after the expiration or other termination of this Lease without the written consent of Landlord shall be construed to be a tenancy at sufferance on all the terms set forth herein, except that (a) for the first 90 days of the holding over, the Basic Monthly Rental shall be an amount equal to one hundred twenty-five percent (125%) of the Basic Monthly Rental payable by Tenant immediately prior to such holding over; and (b) thereafter, the Basic Monthly Rental shall be an amount equal to one hundred fifty percent (150%) of the Basic Monthly Rental payable by Tenant immediately prior to such holding over. Acceptance by Landlord of Rental after the expiration or termination of this Lease shall not constitute a consent by Landlord to any such tenancy from month to month or result in any other tenancy or any renewal of the term hereof. 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 all or any part of the Premises at upon the expiration or other termination of this Lease, occupancy then, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all Claims resulting from such failure, including, without limiting the generality of the Premises after termination shall be that of a tenancy at sufferanceforegoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom. Tenant’s occupancy shall be subject to all the terms and The provisions of this LeaseParagraph are in addition to, and Tenant shall pay an amount (on a per month basis without reduction for partial months during do not affect, Landlord’s right to re-entry or other rights hereunder or provided by law. Notwithstanding the holdover) equal foregoing or anything to the greater of contrary contained herein, Landlord agrees that, if Tenant gives Landlord written notice at least one hundred eighty (a180) 150% days before the expiration of the Base Rent Lease Term, then Tenant may hold over in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or period not to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least exceed thirty (30) days prior to days, on the date of expiration same terms and conditions as applicable during the last month of the Lease Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiations.

Holding Over. If Tenant fails will not be permitted to surrender all or any part of the Premises at the termination of this Lease, occupancy hold over possession of the Premises after the expiration or earlier termination shall be that of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance. Tenant’s sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms terms, covenants and provisions conditions of this Lease, and Tenant so far as applicable, except that the Monthly Base Rent for any such holdover period shall pay an amount (on a per month basis without reduction for partial months during the holdover) be equal to the greater of (ai) 150% one hundred twenty-five percent (125%) of the Monthly Base Rent in effect under this Lease immediately preceding prior to such termination holdover, or (bii) the fair market then currently scheduled rental rate for comparable space in the Building, in either event prorated on a daily basis. Acceptance by Landlord of rent for after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises, as determined Premises upon the expiration of this Lease in good faith accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, plus Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys’ fees and costs), including, without limitation, costs and expenses incurred by Landlord in each case, 100% returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant’s failure to surrender the Premises. The provisions of all applicable Additional Rent. No holdover by Tenant this Subparagraph 11(b) will survive the expiration or payment by Tenant after the earlier termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied 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 Base Rent shall be payable for the initial one (1) month of such holdover tenancy at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and if Tenant continues to hold over with or without the express or implied consent of Landlord, Base Rent for the second month of such holdover tenancy shall be payable at a monthly rate equal to one hundred seventy five percent (175%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and thereafter if Tenant continues to hold over with or without the express or implied consent of Landlord, Base Rent shall be payable at a monthly rate equal to two hundred percent (200%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such tenancy at sufferance shall be subject to every other applicable term, covenant and agreement contained herein. For purposes of this Article 16, a holding over shall include (a) Tenant’s remaining in the Premises after the expiration or earlier termination of the Lease Term, (b) Tenant’s failure to remove any Alterations or personal property located within the Premises as required pursuant to the terms of Sections 8.5 and 15.2, above, and (c) if applicable, Tenant’s failure to remove any Tenant Improvements to the extent required by Landlord as a condition to its consent thereto pursuant to the terms of the Work Letter. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at Law. If Tenant fails to surrender all or any part of the Premises at upon the termination or expiration of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject in addition to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal any other liabilities to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdoveraccruing therefrom, Tenant shall be liable for 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 all any consequential damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered lost profits to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsresulting therefrom.

Holding Over. If Tenant fails acknowledges that possession of the Land and Improvements must be surrendered to Landlord at the expiration or sooner termination of the Term. Tenant agrees to indemnify Landlord against and save Landlord harmless from all costs, claims, loss or liability resulting from the failure or delay by Tenant in so surrendering the Land and Improvements, including, without limitation, any claims made by any succeeding tenant founded on such failure or delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to surrender all or any part possession of the Premises at Land and Improvements as required by Section 20.01 above timely as aforesaid may exceed the amount of any Rent theretofore payable hereunder, and will be impossible to measure accurately. Unless Landlord and Tenant agree otherwise in writing, if possession of the Land and/or Improvements is not surrendered to Landlord upon the expiration or sooner termination of this Leasethe Term, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and then Tenant shall pay an amount (on to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Land and/or Improvements after the expiration or sooner termination of the Term, in addition to any sums payable pursuant to the foregoing indemnity, a per month basis without reduction for partial months during the holdover) sum equal to 1.5 times the greater of (a) 150% Prevailing Rent, as pro-rated for the period of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premiseshold over, as reasonably determined in good faith by Landlord, plus in each case, 100% . Nothing herein contained shall be deemed to permit Tenant to retain possession of all applicable Additional Rent. No holdover by Tenant or payment by Tenant the Land and/or Improvements after the expiration or sooner termination of this Lease the Term. If Tenant holds over in possession after the expiration or termination of the Term, such holding over shall not be construed deemed to extend the Term or prevent Landlord from immediate recovery of possession of renew this Lease, but the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant tenancy shall be liable for any and all damages, fees, and/or costs incurred or from month to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating month upon the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions conditions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, Lease at the time Landlord delivers such notice to Tenant, in Prevailing Rent as reasonably determined by Landlord. This provision shall survive the process expiration or earlier termination of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsthis Lease.

Holding Over. If This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to surrender all do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or any part earlier termination) of the Premises Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy possession shall be subject to all of the terms and provisions of this Lease, and Tenant except that the monthly Basic Rent shall pay an amount be two hundred percent (on a per month basis without reduction for partial months during the holdover200%) equal to of the greater of (a) 150% of the Base Basic Rent in effect for the month immediately preceding such the date of termination or (b) the fair market rent then currently scheduled Basic Rent for comparable space in the PremisesProject. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, as determined unless otherwise agreed in good faith writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for indemnify and hold Landlord harmless from all loss or liability, including without limitation, any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, claims made by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond any succeeding tenant relating to such request, informing Tenant (subject failure to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the surrender. The foregoing provisions of this sentence will Section are in no event limit Tenantaddition to and do not affect Landlord’s obligations right of re-entry or any other rights of Landlord under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, Lease or at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationslaw.

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

Holding Over. If This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to surrender all do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or any part earlier termination) of the Premises Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy possession shall be subject to all of the terms and provisions of this Lease, and Tenant except that the monthly Basic Rent shall pay an amount be one hundred fifty percent (on a per month basis without reduction for partial months during the holdover150%) equal to of the greater of (a) 150% of the Base Basic Rent in effect for the month immediately preceding such the date of termination or (b) the fair market rent then currently scheduled Basic Rent for comparable space in the PremisesProject. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, as determined unless otherwise agreed in good faith writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for indemnify and hold Landlord harmless from all loss or liability, including without limitation, any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, claims made by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond any succeeding tenant relating to such request, informing Tenant (subject failure to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the surrender. The foregoing provisions of this sentence will Section are in no event limit Tenantaddition to and do not affect Landlord’s obligations right of re‑entry or any other rights of Landlord under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, Lease or at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationslaw.

Holding Over. Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall be only a Tenant at sufferance, whether or not Landlord accepts any rent from Tenant or any other person while Tenant is holding over without Landlord's written consent. If Tenant fails to surrender all or any part of the Premises at the termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of retain possession of the Premises by summary proceedings or otherwise. If any portion thereof without Landlord's consent following the expiration of this Lease or sooner termination for any reason, then Tenant shall pay to Landlord is unable to deliver possession for each day of such retention one hundred fifty percent (150%) the amount of daily rental as of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days last month prior to the date of expiration or earlier termination. Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, including reasonable attorneys' fees, resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by the succeeding tenant founded on such delay. Acceptance of the Term, to request in writing that Rent by Landlord notify Tenant if, as following expiration or earlier termination shall not constitute a renewal of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Termthis Lease, and Landlord nothing contained in this Paragraph 25 shall promptly respond to such requestwaive Landlord's right of reentry or any other right. Additionally, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that upon expiration or earlier termination of this Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord subsequently commences shall have the right to perform any such negotiationsobligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. The provisions of this Paragraph 25 shall survive any expiration or earlier termination of this Lease.

Holding Over. If Tenant fails to surrender all or any part of the Premises Subtenant shall, at the termination of this LeaseSublease by lapse of time or otherwise, occupancy yield up immediate possession to Sublandlord with all repairs and maintenance required herein to be performed by Subtenant completed. Should Subtenant continue to hold the Subleased Premises and/or the FF&E after the expiration or earlier termination of the Premises this Sublease, or after termination reentry by Sublandlord without terminating this Sublease, such holding over, unless otherwise agreed to by Sublandlord in writing, shall constitute and be that of construed as a tenancy at sufferancesufferance and not a tenancy at will. Tenant’s occupancy Subtenant shall be subject have no right to all notice under Official Code of Georgia Annotated §44-7-7 of the terms and provisions termination of this Lease, and Tenant its tenancy. Subtenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) monthly installments of Rent equal to the greater of one hundred twenty-five percent (a125%) 150% of the Base monthly portion of Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration or earlier termination for the first ninety (90) days of such holding over and one hundred fifty percent (150%) thereafter, and subject to all of the Termother terms, charges and expenses set forth herein. Subtenant shall also be liable to Sublandlord for all damage which Sublandlord suffers because of any holding over by Subtenant, and Landlord Subtenant shall promptly respond indemnify Sublandlord against all claims made by any other tenant or prospective tenant against Sublandlord resulting from delay by Sublandlord in delivering possession of the Subleased Premises and/or the FF&E to such requestother tenant or prospective tenant. No holding over by Subtenant, informing Tenant (subject whether with or without consent of Sublandlord shall operate to extend the limitations of any confidentiality or nondisclosure Term except as otherwise expressly provided in a written agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the executed by both Sublandlord and Subtenant. The provisions of this sentence will in no event limit Tenant’s obligations under Section 32 shall survive the expiration or earlier termination of this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsSublease.

Holding Over. If If, with Landlord’s express written consent, Tenant fails to surrender all or any part of the Premises at the termination of this Lease, occupancy retains possession of the Premises after the termination shall be that of a tenancy at sufferance. Tenant’s occupancy 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 or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all ActiveUS 183164559v.14 ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (AOTC) / WEREWOLF THERAPEUTICS, INC. - Page 11 other payments shall continue under the terms 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, and Tenant including the obligation to pay 100% of all Additional Rent due under this Lease, except that the monthly Base Rent shall pay an amount (on a per month basis without reduction for partial months during the holdover) be equal to the greater of (a) 150% of the Base Rent in effect immediately preceding during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages; provided that, unless Landlord gave written notice to Tenant at least 30 days before the expiration of the Term that a subsequent tenant would be leasing the Premises or any part thereof and that Landlord reasonably anticipates holding over is reasonably likely to impact Landlord’s delivery schedule to such termination new tenant, Tenant shall be responsible for consequential damages only once Tenant’s holding over exceeds 30 days. No holding over by Tenant, whether with or (b) the fair market rent without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises, as determined in good faith . Acceptance by Landlord, plus in each case, 100% Landlord of all applicable Additional Rent. No holdover by Tenant or payment by Tenant Rent after the expiration of the Term or earlier termination of this Lease shall be construed to extend the Term not result in a renewal or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions reinstatement of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

Holding Over. If Tenant fails will not be permitted to surrender all or any part of the Premises at the termination of this Lease, occupancy hold over possession of the Premises after the expiration or earlier termination shall be that of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance. Tenant’s sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms terms, covenants and provisions conditions of this Lease, and Tenant so far as applicable, except that the Monthly Base Rent for any such holdover period shall pay an amount (on a per month basis without reduction for partial months during the holdover) be equal to the greater of (ai) 150% one hundred fifty percent (l50%) of the Monthly Base Rent in effect under this Lease immediately preceding prior to such termination holdover, or (bii) the fair market then currently scheduled rental rate for comparable space in the Building, in either event prorated on a daily basis. Acceptance by Landlord of rent for after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises, as determined Premises upon the expiration of this Lease in good faith accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, plus Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, costs and expenses incurred by Landlord in each case, 100% returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant's failure to surrender the Premises. The provisions of all applicable Additional Rent. No holdover by Tenant this Subparagraph 11(b) will survive the expiration or payment by Tenant after the earlier termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

Holding Over. If This Lease shall terminate without further notice on the Lease Expiration Date (as set forth in Article 1). Any holding over by Tenant after expiration of the Lease Term shall neither constitute a renewal nor extension of this Lease nor give Tenant any rights in or to the Leased Premises except as expressly provided in this Paragraph. Any such holding over to which Landlord has consented shall be construed to be a tenancy from month to month, on the same terms and conditions herein specified insofar as applicable, except that for the first three (3) months of such holdover period, the Base Monthly Rent shall be increased to an amount equal to one hundred twenty-five percent (125%) of the Base Monthly Rent payable during the last full month immediately preceding such holding over, and thereafter shall be increased to one hundred fifty percent (150%) of the Base Monthly Rent payable during the last full month immediately preceding such holding over. Without limiting the foregoing, in the event of a holding over to which Landlord has consented, any rights of Landlord or obligations of Tenant set forth in this Lease and purporting to apply during the term of this Lease, shall nonetheless also be deemed to apply during any such hold over period. Tenant acknowledges that if Tenant holds over without Landlord’s consent, such holding over may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the Leased Premises. Therefore, if Tenant fails to surrender all the Leased Premises upon the expiration or any part of the Premises at the termination of this Lease, occupancy of 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 Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject foregoing, any claims made by any succeeding tenant founded upon such failure to all the terms and provisions of this Leasesurrender, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith any losses suffered by Landlord, plus in each caseincluding lost profits, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed resulting from such failure to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationssurrender.

Holding Over. If Tenant holds over for any period after the Expiration Date (or earlier termination of the Term), such tenancy shall constitute a tenancy at sufferance only and possession shall be subject to all of the terms of this Lease, except that the monthly rental shall be 150% of the total monthly rental for the month immediately preceding the date of termination. The acceptance by Landlord of monthly hold-over rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due unless otherwise agreed in writing by Landlord. If ▇▇▇▇▇▇ fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section 15.1 are in addition to and do not affect Landlord’s right of re-entry or any part other rights of Landlord under this Lease or at law. 15.2. SURRENDER OF PREMISES; REMOVAL OF PROPERTY. Upon the Premises at the Expiration Date or upon any earlier termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver quit and surrender possession of the Premises to a new tenant Landlord in as good order, condition and repair as when received or as hereafter may be improved by Landlord or Tenant, reasonable wear and tear and repairs which are Landlord’s obligation excepted, and shall remove or fund to Landlord the cost of removing all wallpapering, voice and/or data transmission cabling installed by or for Tenant and Required Removables, together with all personal property and debris, and shall perform improvements for a new tenant as a result all work required under Section 7.3 of Tenant’s holdover, this Lease. If Tenant shall be liable for any and all damages, fees, and/or costs incurred or fail to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, comply with the provisions of this sentence will in no event limit Tenant’s obligations under Section 15.2, and remove any personal property within 10 days following the expiration or earlier termination of this Section 22 and Lease, such personal property shall be for informational purposes onlyconclusively deemed to have been abandoned, then Landlord may effect the removal and/or make any repairs, without notice and without incurring any liability to Tenant, and the cost to Landlord shall be additional rent payable by Tenant upon demand. Tenant expressly acknowledges that even if hereby waives all rights under and benefits of Section 1993.03 of the California Civil Code, or any similar or successor laws now or hereafter in effect and authorizes Landlord is not, to dispose of any personal property remaining at the time Landlord delivers such Premises following the expiration or earlier termination of this Lease without further notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiations.

Holding Over. If Tenant fails to surrender all or any part of the Premises at the termination of this Lease, occupancy remains in possession of the Premises after expiration or earlier termination shall be that of a tenancy at sufferance. this Lease with Landlord’s express consent, Tenant’s occupancy shall be subject a month to all month tenancy at a rent agreed upon by Landlord and Tenant, but in no event less than the Monthly Basic Rent and Operating Rent payable under this Lease during the last full month before the date of expiration or earlier termination. The month to month tenancy shall be on the terms and provisions conditions of this LeaseLease except as provided in the preceding sentence and the Lease clauses concerning extension rights. If Tenant holds over after the expiration or earlier termination of the Term hereof without the express written consent of Landlord, and Tenant shall pay an amount (on become a per month basis without reduction for partial months during the holdover) tenant at sufferance only, at a rental rate equal to the greater of one hundred fifty percent (a150%) 150% of the Base Monthly Basic Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all which would be applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to upon the date of expiration of the TermTerm (prorated on a daily basis) or fair market value as reasonably determined by Landlord, and otherwise subject to request the terms, covenants and conditions herein specified, so far as applicable including, without limitation, the obligation to pay increased Operating Expenses as provided in writing that Paragraph 5. Acceptance by Landlord notify of rent after such expiration or earlier termination shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this Paragraph 10 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant iffails to surrender the Premises upon the expiration of this Lease despite written demand to do so by Landlord, as of the date Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such requestfailure, Landlord is then negotiating the terms including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of a lease which will require this Paragraph 10 shall be construed as implied consent by Landlord to have any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the this Lease. The provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same Paragraph 10 shall not diminish Tenant’s rights, liabilities be considered to limit or obligations hereunder constitute a waiver of any other rights or remedies of Landlord provided in the event that Landlord subsequently commences any such negotiationsthis Lease or at law.

Holding Over. If Unless Landlord expressly consents in writing to Tenant's holding over, Tenant fails to surrender all or any part of the Premises at the termination of this Lease, occupancy of the Premises after termination shall be that unlawfully and illegally in possession of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by whether or not Landlord accepts any rent from Tenant or payment by any other person while Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of remains in possession of the Premises by summary proceedings or otherwisewithout Landlord's written consent. If Landlord is unable to deliver Tenant shall retain possession of the Premises to a new tenant or to perform improvements any portion thereof without Landlord's consent following the expiration of this Lease or sooner termination for a new tenant as a result of Tenant’s holdoverany reason, then Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered pay to Landlord at least thirty for each day of such retention two hundred percent (30200%) days the amount of daily rental as of the last month prior to the date of expiration or earlier termination. Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, including consequential and incidental damages and reasonable attorneys' fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises within thirty (30) days following the expiration or earlier termination of the TermTerm or extended Term of this Lease, to request in writing that including, without limitation, any claims made by the succeeding tenant founded on such delay. Acceptance of Rent by Landlord notify Tenant iffollowing expiration or earlier termination of this Lease, as or following demand by Landlord for possession of the date Premises, shall not constitute a renewal of this Lease, and nothing contained in this Paragraph 25 shall waive Landlord's right of reentry of any other right. Additionally, if upon expiration or earlier termination of this Lease, or following demand by Landlord for possession of the Premises, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such requestobligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord is then negotiating to complete such obligations shall be considered a period of holding over and the terms of a lease which will require this Paragraph 25 shall apply. The provisions of this Paragraph 25 shall survive any expiration or earlier termination of this Lease. If by written notice to Landlord delivered not later than twelve (12) months prior to have possession of the Premises as of Term Expiration Date, or the date of expiration of the extended Term (the "Hold-Over Notice"), Tenant advises Landlord of its intent to hold-over specifying the period of such hold-over (which period must be for a period of no longer than six (6) months)(the "Hold-Over Term") then Tenant may, as a matter of right, remain in possession following the Term Expiration Date or the expiration of the extended Term, as the case may be, for the Hold-Over Term set forth in the Hold-Over Notice; provided, that the Base Rent for the Hold-Over Term shall be one hundred fifty percent (150%) of the sum of the Base Rent and Landlord shall promptly respond to such request, informing Tenant (subject to other charges payable for the limitations last month of any confidentiality the Term or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in extended Term. In no event limit Tenant’s obligations under this Section 22 and the preceding sentence shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at have the time Landlord delivers such notice right to Tenant, hold-over in the process Premises for more than one (1) six (6) month or shorter period beyond the Term Expiration Date or the expiration of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsextended Term.

Holding Over. Tenant will not hold over in the Premises after the end of the Lease term without the express prior written consent of Landlord, which may be withheld arbitrarily. However, provided that Tenant is not in default, Tenant may extend the Lease Term on the same terms and conditions provided that Tenant delivers an unconditional extension notice to Landlord at least six (6) months before the end of the term (or any extensions thereof) and specifies in that notice the length of extension period, which cannot be more than three (3) months. If Tenant fails to surrender all or any validly exercises this extension right, the term will be deemed extended for the period specified in Tenant's notice (but not for more than three (3) months), and such extension will be part of the Premises Lease term and will not be considered a holding over by Tenant, but there will be no further extension rights. This extension right is applicable only at the end of the Lease term, as extended. Landlord will diligently attempt to include in its lease with any succeeding or prospective tenant provisions disclaiming liability for consequential damages (i.e., damages for lost business or revenue, as opposed to actual damages or penalties) to any such tenant, and/or provisions limiting such succeeding or prospective tenant's remedies solely to the termination of the Lease, as a result of Landlord's failure to substantially complete and deliver space to such tenant as required, but Tenant will indemnify Landlord for, and hold Landlord harmless from, any and all Liabilities arising out of or in connection with any holding over, including, without limitation, any claims made by any succeeding or prospective tenant and any loss of rent suffered by Landlord. If, despite this express agreement, any tenancy is created by Tenant's holding over, except as specifically set forth in the next sentence the tenancy will be a tenancy at will terminable immediately at Landlord's sole option on written notice to Tenant, but otherwise subject to the terms of this Lease, occupancy of except that the Premises after termination shall most recent annual base rent will be that of a tenancy at sufferancedoubled (except as specifically set forth in Section 16.4). Tenant’s occupancy shall be subject to all the terms and provisions of Nothing in this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent Article or elsewhere in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed permits Tenant to extend the Term hold over or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant in any way limits Landlord's other rights and remedies if Tenant holds over (except as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request specifically set forth in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiations16.4).

Holding Over. If Tenant fails to surrender all remains in possession after expiration of the term hereof, either the original or any part renewal term, without any distinct agreement between the parties, Tenant shall be a tenant at will, and there shall be no renewal of this lease by operation of law. In the event Tenant shall become a Hold Over Tenant, all the provisions, terms and conditions of this Lease Agreement shall remain in effect during the full term of the Hold Over period. Tenant agrees that if Tenant does not surrender said Leased Premises to Landlord at the termination end of the Term of this Lease, occupancy Lease then Tenant will pay to Landlord double the amount of the Premises after termination shall be current rental for each month or portion thereof that Tenant holds over as damages that Landlord may suffer on account of a tenancy at sufferance. Tenant’s occupancy shall be subject failure to all the terms and provisions so surrender to Landlord possession of this Leasesaid Leased Premises, and will indemnify and save Landlord harmless from and against all claims made by any succeeding Tenant shall pay an amount (of said Leased Premises against Landlord on a per month basis without reduction for partial months during the holdover) equal account of delay of Landlord in delivering possession of said Leased Premises to the greater said successor Tenant so far as such delay is occasioned by failure of (a) 150% of the Base Rent Tenant to so surrender said Leased Premises in effect immediately preceding such termination accordance herewith or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rentotherwise. No holdover receipt of money by Tenant or payment by Landlord from Tenant after the termination of this Lease or the service if any notice of commencement of any suit or final judgment for possession shall be construed to reinstate, continue or extend the Term of this Lease or prevent affect any such notice, demand, suit or judgment. No act or thing done by Landlord from immediate recovery or its agents during the Term hereby granted shall be deemed an acceptance of possession surrender of the Premises by summary proceedings or otherwise. If Landlord is unable Leased Premises, and no agreement to deliver possession accept a surrender of the Leased Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred valid unless or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request is made in writing that Landlord notify Tenant if, as and subscribed by a duly authorized officer or agent of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiations.

Holding Over. Subtenant shall have no right to occupy the PBOS ------------ Licensed/Subleased Area or any portion thereof after the expiration of this Sublease or after termination of this Sublease or Subtenant's right to possession in consequence of a Subtenant Event of Default. If Tenant Subtenant or any party claiming by, through or under Subtenant holds over, Sublandlord may exercise any and all remedies available to it at law or in equity to recover possession of the PBOS Licensed/Subleased Area and to recover damages, including without limitation, damages payable by Sublandlord to Prime Landlord by reason of such holdover. For each and every month or partial month that Subtenant or any party claiming by, through or under Subtenant remains in occupancy of all or any portion of the PBOS Licensed/Subleased Area after the expiration of this Sublease or after termination of this Sublease or Subtenant's right to possession, Subtenant shall pay, as minimum damages and not as a penalty, monthly rental at a rate equal to double the rate of Minimum Rent and all additional rent payable by Sublandlord to Prime Landlord under the Prime Lease immediately prior to the expiration or other termination of this Sublease or of Subtenant's right to possession. The acceptance by Sublandlord of any lesser sum shall be construed as payment on account and not in satisfaction of damages for such holding over. If Subtenant fails to surrender all the PBOS Licensed/Subleased Area upon the expiration or any part of the Premises at the termination of this LeaseSublease, occupancy of the Premises after termination Subtenant shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to indemnify, defend and hold harmless Sublandlord from all the terms and provisions of this Leasecosts, and Tenant shall pay an amount (on a per month basis loss, expense or liability, including without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premiseslimitation, as determined in good faith claims made by Prime Landlord, plus in each case, 100% of all applicable Additional Rentclaims made by any succeeding tenant and real estate brokers' claims and attorneys' fees. No holdover acceptance by Tenant Sublandlord of any Rent during or payment by Tenant after for any period following the expiration or termination of this Lease Sublease shall operate or be construed to extend the Term as an extension or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions renewal of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsSublease.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant fails to surrender all holds over for any period after the expiration (or any part earlier termination) of the Premises Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy possession shall be subject to all of the terms and provisions term of this Lease, and Tenant except that the monthly Basic Rent shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to be the greater of (a) one hundred fifty percent (150% %) of the Base Basic Rent in effect for the month immediately preceding such the date of termination for the initial month of hold over and one hundred seventy-five percent (175%) of the Basic Rent for the month immediately preceding the date of termination for each month of hold over thereafter, or (b) the fair market rent then currently scheduled Basic Rent for comparable space in the Premises, as determined in good faith Project. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, plus in each caseTenant shall indemnify and hold Landlord harmless from all loss or liability, 100% including, without limitation, claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of all applicable Additional Rent. No holdover by Tenant or payment by Tenant rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwiseLease. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the The foregoing provisions of this sentence will Section are in no event limit Tenantaddition to and do not affect Landlord’s obligations right of reentry or any other rights of Landlord under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, Lease or at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationslaw.

Holding Over. This Lease and the tenancy hereby created shall cease and expire at the end of the Initial Lease Term, or, if applicable, at the expiration of any renewal period(s), without the necessity of any notice of termination from either Landlord or Tenant, and Tenant hereby waives any statutorily or otherwise required notice to remove, quit or vacate. If Tenant fails to surrender all or any part holds possession of the Leased Premises after the expiration or sooner termination of this Lease for any reason, Tenant shall be deemed to be a tenant-at-will and Tenant shall pay Landlord 150% of the Rent (including, without limitation, base or Annual Rent, Additional Rent and any taxes or operating or maintenance costs pass-through to the Tenant under the terms of this Lease) reserved in this Lease for such period of time as Tenant remains in possession of the Leased Premises; but such payment of rent shall not create any lease arrangement whatsoever between Landlord and Tenant. During such period, Landlord shall retain all of Landlord's rights under this Lease and shall be entitled to the benefit of any law respecting summary recovery of possession of leased premises from a tenant holding over regardless of whether or not any required statutory notice to quit, vacate or surrender has been given by Landlord. If the Leased Premises be not surrendered at the expiration or sooner termination of this Lease, occupancy of then Tenant shall indemnify, defend and hold Landlord harmless against all loss, claim, expense or liability resulting from the Premises after termination shall be that of a tenancy at sufferancedelay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s 's obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at survive the time Landlord delivers such notice to Tenant, in expiration of the process Lease Term (including renewal(s)) or the earlier termination of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsthis Lease.

Holding Over. If Tenant fails to surrender all or any part shall vacate the Premises immediately upon the expiration of the Term or earlier termination of this Lease. Tenant shall reimburse Landlord for and indemnify Landlord against all damages incurred by Landlord as a result of any delay by Tenant in vacating the Premises at that extends beyond thirty (30) days. If, upon the expiration date or the date of earlier termination of this Lease, occupancy Tenant fails to vacate or deliver possession of the Premises after termination to Landlord, then this Lease shall be that of become a tenancy at sufferance. Tenant’s occupancy shall be month to month tenancy, subject to all the terms and provisions conditions set forth herein; provided, however that Tenant shall pay to Landlord, by way of liquidated damages, and not as a penalty, one hundred twenty-five percent (125%) of the monthly Base Rent at the then current rate for the first month of the holdover period and then increased to an amount that is one-and-one-half (1½) times the Base Rent at the then current rate (such sum being hereafter referred to as the "Holdover Rent") for each month Tenant occupies any part of the Premises, together with any other sums payable hereunder, commencing with the Expiration Date or the date of any earlier termination of this Lease and ending with the date that Tenant vacates or delivers possession of the Premises to Landlord. The Holdover Rent shall be payable monthly in advance on the first day of each month. The Holdover Rent shall be prorated for partial months. Notwithstanding anything to the contrary herein, Landlord expressly reserves all rights under applicable law to evict Tenant from the Premises if Tenant fails to vacate or deliver possession of the Premises to Landlord upon the Expiration Date or the date of any earlier termination of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal expressly waives all legal notice to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for vacate the Premises, as determined in good faith by Landlord, plus in each case, 100% of all if available under applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationslaw.

Holding Over. If Tenant fails will not be permitted to surrender all or any part of the Premises at the termination of this Lease, occupancy hold over possession of the Premises after the expiration or earlier termination shall be that of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance. Tenant’s sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms terms, covenants and provisions conditions of this Lease, and Tenant so far as applicable, except that the Monthly Base Rent for any such holdover period shall pay an amount (on a per month basis without reduction for partial months during the holdover) be equal to the greater of (ai)(A) 150% for the first fifteen (15) days of holdover, the Monthly Base Rent in effect under this Lease immediately preceding prior to such termination holdover, and (B) thereafter, two hundred percent (200%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (bii) the fair market then currently scheduled rental rate for comparable space in the Building, in either event prorated on a monthly basis. Acceptance by Landlord of rent for after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises, as determined Premises upon the expiration of this Lease in good faith accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, plus Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, costs and expenses incurred by Landlord in each case, 100% returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant's failure to surrender the Premises. The provisions of all applicable Additional Rent. No holdover by Tenant this Subparagraph 11(b) will survive the expiration or payment by Tenant after the earlier termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

Holding Over. If Should Tenant fails to surrender all hold over after the Expiration Date or any part of the Premises at the earlier termination of this Lease, occupancy of the Premises after termination Tenant shall be that of become a tenancy at sufferance. Tenant’s occupancy tenant from month-to- month only and any such holding over shall be subject to all the terms and provisions not constitute an extension of this Lease. During such holding over, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base ▇▇▇▇▇▇'s Minimum Rent as set forth in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination Section 3.1 of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession two hundred percent (200%) of the Premises by summary proceedings Minimum Rent in effect immediately prior to such hold over period (the “Holdover Rent”), plus all Additional Rent and plus the average monthly Percentage Rent (if the payment of Percentage Rent is required under this Lease) paid during the prior year, if applicable. When the Holdover Rent is determined, Landlord shall give Tenant written notice indicating the amount thereof, however, ▇▇▇▇▇▇▇▇’s failure to provide or otherwise. If Landlord is unable to deliver possession timely provide such notice or Landlord’s acceptance thereafter of the Premises Minimum Rent in effect immediately prior to such holdover shall not be deemed a new tenant or waiver of Landlord’s right to perform improvements collect any and all Holdover Rent owed it from and after the commencement of such holdover. Should Tenant hold over for any portion of a new tenant as a result of Tenant’s holdovermonth, Tenant shall be liable for Holdover Rent for the entire month. Notwithstanding the foregoing, nothing contained in this Article shall: (a) constitute Landlord’s consent, either express or implied, for Tenant to hold over following the Expiration Date; or (b) affect Landlord’s rights of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. Tenant shall indemnify, protect, defend (by counsel approved in writing by ▇▇▇▇▇▇▇▇ and, as applicable, ▇▇▇▇▇▇▇▇'s insurance carrier) and hold Landlord harmless from and against any and all claims, judgments, suits, causes of action, damages, feeslosses, and/or costs incurred or to be incurred liabilities and expenses (including consequential damagesreasonable attorneys' fees and court costs) that Landlord suffers resulting from such failure to surrender, including, without limitation, any claim made by any succeeding tenant based thereon. The foregoing indemnity shall survive the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions earlier termination of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

Holding Over. (a) Any holding over after the expiration of the Term with the written consent of the Landlord of this Lease shall be a tenancy from month to month. The terms, covenants and conditions of such tenancy shall be the same as provided herein and the monthly Base Rent shall be one hundred fifty percent (150%) of the Base Rent paid monthly for the last month prior to the expiration, plus the monthly portion of Tenant's Proportionate Share of Basic Operating Costs. Acceptance by Landlord of Rent after such expiration shall not result in any other tenancy or any renewal of the Term, and the provisions of this paragraph are in addition to and do not affect Landlord's right of re-entry or other rights provided under this Lease or by applicable law. (b) If Tenant fails to surrender all shall retain possession of the Premises or any part of therefore without Landlord's consent following the Premises at the expiration or sooner termination of this LeaseLease for any reason, occupancy then Tenant shall pay to Landlord for each day of such retention as Base Rent two hundred percent (200%) of the Premises after amount of the daily Base Rent for the last month prior to the date of such expiration or termination plus a monthly portion of Tenant's Proportionate Share of Basic Operating Expenses. Tenant shall also indemnify and hold Landlord harmless from any loss or liability resulting from delay by Tena▇▇ ▇▇ surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Acceptance of rent by Landlord following expiration or termination shall be that of not constitute a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions renewal of this Lease, and Tenant nothing contained in this paragraph shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater waive Landlord's right of (a) 150% of the Base Rent in effect immediately preceding such termination re-entry or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rentany other right. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for only a Tenant at sufferance, whether or not Landlord accepts any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers rent from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationswhile Tena▇▇ ▇▇ holding over without Land▇▇▇▇'▇ ▇ritten consent.

Holding Over. The Tenant shall have no right to remain in possession after the Termination Date. If the Tenant fails to surrender all or any part shall occupy the Demised Premises after the expiration of this Lease with the consent of the Premises Landlord (which consent shall be the obligation of Tenant to obtain in writing prior to the Termination Date and which consent Landlord shall be under no obligation to give), and rent is accepted and collected from said Tenant, such occupancy and payment shall be construed as an extension of this Lease for a term of month-to-month only, from the date of such expiration. In such event, if either Landlord or Tenant desires to terminate said occupancy at the end of any month after the termination of this Lease, the party so desiring to terminate the same shall give the other party thirty (30) days written notice to that effect. If such occupancy continues after the aforesaid notice of termination, or if Tenant shall continue its occupancy after the Premises after termination shall be that of a tenancy at sufferance. TenantTermination Date without obtaining Landlord’s occupancy shall be subject to all the terms and provisions of this Leasewritten consent, and Tenant shall pay an to Landlord, as partial damages, double the amount of both fixed annual rental (at the rate which was last in effect for the term) and all additional rent for the time, on a per month basis without reduction for partial months during the holdover) equal diem basis, together with all costs, expenses and damages incurred by Landlord and its agents to the greater of (a) 150% of the Base Rent in effect immediately preceding obtain possession from Tenant. Furthermore, if such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant occupancy continues after the termination aforesaid notice of this Lease termination, or if Tenant shall be construed to extend continue its occupancy after the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of TenantTermination Date without obtaining Landlord’s holdoverwritten consent, Tenant shall be liable to Landlord for any and all damages, fees, loss of rents and/or costs incurred liability sustained by Landlord or its agents in connection with any subsequent tenancy which may have intended to be incurred (including consequential damages) that Landlord suffers from occupy said Demised Premises at the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as term herein. The acceptance of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and rent and/or additional rent by Landlord shall promptly respond not be deemed to such request, informing Tenant (subject to the limitations of any confidentiality create a new or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsadditional tenancy other than aforesaid.

Holding Over. If Tenant fails shall remain in possession of the Total Site after the expiration or earlier termination of the Term of this Lease without the express written consent of Landlord, Tenant will be deemed to surrender be occupying the Total Site as a tenant-at-sufferance only subject to all covenants and obligations of this Lease and at a daily rental equal to $5.00 per acre that the Tenant has not surrendered per day, plus all other amounts of rent and all items of additional rent which are payable hereunder, during the period of any such holding over. Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute a holdover or result in a renewal, and shall not affect Landlord's right of re-entry or any part rights of Landlord hereunder or as otherwise provided by law. If any property not belonging to Landlord remains at the Total Site after the expiration of the Premises at the termination term of this Lease, occupancy of the Premises after termination Tenant hereby authorizes Landlord, without liability for compensation or damages to Tenant, to retain all or any portion thereof (and title thereto shall thereupon be that of a tenancy at sufferancevested in Landlord), or remove such property and make such disposition thereof as Landlord may desire. Tenant’s occupancy shall be subject to all the terms and provisions of this LeaseTenant shall, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith upon demand by Landlord, pay Landlord for the expense of any such removal and disposition plus in each case, 100% the cost of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination repair of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damagesdamages to the Total Site resulting from or caused by such removal. In the event that such property belongs to someone other than Tenant, feesTenant agrees to indemnify and hold Landlord harmless from all Claims in connection with or incident to any removal, exercise of dominion over and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdoverdisposition of such property by Landlord. Tenant shall have indemnify and hold Landlord harmless from any and all Claims resulting from Tenant's failure to surrender the right, by written notice delivered to Landlord at least thirty (30) days prior to Total Site upon the date of expiration or earlier termination of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

Holding Over. If Tenant fails to surrender all or any part deliver possession of the Premises at on the termination of this LeaseTermination Date, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant but holds over after the expiration or earlier termination of this Lease without the express prior written consent of Landlord, such tenancy shall be construed as a tenancy at sufferance on the same terms and conditions as are contained herein, except that the Fixed Monthly Rent payable by Tenant during such period of holding over shall automatically increase as of the Termination Date to extend an amount equal to one hundred twenty-five percent (125%) of the Term Fixed Monthly Rent payable by Tenant for the calendar month immediately prior to the date when Tenant commences such holding over (the “Holdover Rent”), prorated for any partial month. Tenant’s payment of such Holdover Rent, and Landlord’s acceptance thereof, shall not constitute a waiver by Landlord of any of Landlord’s rights or prevent remedies with respect to such holding over, nor shall it be deemed to be a consent by Landlord from immediate recovery of to Tenant’s continued occupancy or possession of the Premises past the time period covered by summary proceedings or otherwiseTenant’s payment of the Holdover Rent. If Landlord is unable Furthermore, if Tenant fails to deliver possession of the Premises to a new tenant Landlord upon the expiration or to perform improvements for a new tenant as a result earlier termination of Tenant’s holdoverthis Lease, and Landlord has theretofore notified Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have requires possession of the Premises as for a succeeding tenant, then, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees and expenses) and liability resulting from such failure, including without limiting the foregoing, any claims made by any succeeding tenant arising out of the date of expiration of the TermTenant’s failure to so surrender, and any lost profits to Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, resulting therefrom. Notwithstanding the provisions of this sentence will in no event limit contained hereinabove regarding Tenant’s obligations under this liability for a continuing holdover, Landlord agrees to use commercially reasonable efforts to insert into any future lease of another tenant proposing to occupy the Premises provisions similar to those contained in Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not2.1, at the time Landlord delivers such notice to Tenant, in the process permitting mitigation of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsdamages arising out of Tenant’s temporary holdover.

Holding Over. If In the event Tenant fails to surrender all or any part of the Premises at the termination of party under Tenant claiming rights to this Lease, occupancy retains possession of the Premises after the expiration or earlier termination of this Lease or the termination of Tenant’s right of possession hereunder, such possession shall constitute and be that of construed as a tenancy at sufferance. Tenant’s occupancy will only, subject, however, to all of the terms, provisions, covenants and agreements on the part of Tenant hereunder; such parties shall be subject to all the terms immediate eviction and provisions of this Lease, removal and Tenant or any such party shall pay Landlord Renaissance Tower/ Priority Fulfillment Services, Inc. as rent for the period of such holdover an amount (on a per month basis without reduction for partial months during the holdover) equal to one and one-half (1-1/2) times the greater of (a) 150% of the Base Basic Annual Rent in effect immediately preceding expiration or termination, as applicable, prorated on a daily basis, together with all Additional Rent (as hereinafter defined) which would have otherwise been due and payable by Tenant if such termination or (b) period of holdover had occurred during the fair market rent Term. Tenant shall also pay any and all actual damages sustained by Landlord as a result of such holdover; provided, however, that except for the Premisespayment of holdover rent as set forth in this Section 1.4, Tenant shall not, during the first thirty (30) days after the expiration or earlier termination of this Lease or of Tenant’s right of possession hereunder, be liable for or obligated to pay any actual damages as determined a result of such holdover. The rent during such holdover period shall be payable to Landlord from time to time on demand; provided, however, if no demand is made during a particular month, holdover rent accruing during such month shall be paid in good faith accordance with the provisions of Article 2. Tenant will vacate the Premises and deliver same to Landlord immediately upon Tenant’s receipt of notice from Landlord to so vacate. No holding over by Tenant, whether with or without consent of Landlord, plus in each case, 100% shall operate to extend the term of all applicable Additional Rent. No holdover this Lease; no payments of money by Tenant or payment by Tenant to Landlord after the expiration or earlier termination of this Lease shall be construed to reinstate, continue or extend the Term term of this Lease; and no extension of this Lease after the expiration or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant earlier termination thereof shall be liable for any valid unless and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, until the same shall not diminish be reduced to writing and signed by both Landlord and Tenant’s rights. In addition, liabilities or obligations hereunder Tenant agrees that Landlord shall be entitled to the payment of its actual, reasonable out-of-pocket legal fees in the event that Landlord subsequently commences any such negotiationsprevails in a forcible detainer action brought by Landlord.

Holding Over. If Tenant holds over after the expiration or earlier termination of the term hereof without the express written consent of Landlord, Tenant shall become a Tenant at sufferance only, at a rental rate equal to one hundred fifty percent (150%) of the rent in effect upon the date of such expiration (subject to adjustment as provided in Paragraph 4 hereof and prorated on a daily basis), and otherwise subject to the terms, covenants and conditions herein specified, so far as applicable. If Tenant desires to holdover possession of the Premises after the expiration of the term with the consent of Landlord, Tenant shall provide Landlord with at least six months' prior written notice of Tenant's desire to do so, which notice shall specify the number of days or months of the proposed holdover. Landlord shall notify Tenant within ten business days after receipt of Tenant's notice whether Landlord will be able to accommodate Tenant's request. Any such holdover will be a rental rate equal to one hundred fifty percent (150%) of the rent in effect upon the date of such expiration (subject to adjustment as provided in Paragraph 4 hereof and prorated on a daily basis), and otherwise subject to the terms, covenants and conditions herein specified, so far as applicable. Acceptance by Landlord of rent after such expiration or earlier termination shall not result in a renewal of this Lease. The foregoing provisions of this Article 9 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender all or any part of the Premises at upon the termination expiration of this LeaseLease or following any permitted holdover period, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject despite demand to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith do so by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, any attorneys' fees and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationscosts.

Holding Over. If In the event Tenant fails to surrender all or any part Party under Tenant claiming rights to this Lease, retains possession of the Premises at after the expiration or earlier termination of this Lease, occupancy of the Premises after termination such possession shall constitute and be that of construed as a tenancy at sufferance. Tenant’s occupancy will only, subject, however, to all of the terms, provisions, covenants and agreements on the part of Tenant hereunder; such parties shall be subject to all the terms immediate eviction and provisions of this Lease, removal and Tenant or any such Party shall pay Landlord as rent for the period of such holdover an amount (on a per month basis without reduction for partial months during the holdover) equal to one and one-half (1-1/2) times the greater of Basic Annual Rent and Additional Rent (aas hereinafter defined) 150% of the Base Rent in effect immediately preceding such termination expiration or (b) the fair market rent for the Premisestermination, as determined applicable, prorated on a daily basis. Tenant shall also pay any and all damages sustained by Landlord as a result of such holdover. The rent during such holdover period shall be payable to Landlord from time to time on demand; provided, however, if no demand is made during a particular month, holdover rent accruing during such month shall be paid in good faith accordance with the provisions of Article 2. In the event of a holdover, Tenant will vacate the Premises and deliver same to Landlord immediately upon Tenant's receipt of notice from Landlord to so vacate. No holding over by Tenant, whether with or without consent of Landlord, plus in each case, 100% shall operate to extend the term of all applicable Additional Rent. No holdover this Lease; no payments of money by Tenant or payment by Tenant to Landlord after the expiration or earlier termination of this Lease shall be construed to reinstate, continue or extend the Term term of this Lease; and no extension of this Lease after the expiration or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant earlier termination thereof shall be liable for any valid unless and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, until the same shall not diminish be reduced to writing and signed by both Landlord and Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiations.

Holding Over. If Tenant fails will not be permitted to surrender all or any part of the Premises at the termination of this Lease, occupancy hold over possession of the Premises after the expiration or earlier termination shall be that of a tenancy at sufferancethe Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Tenant’s occupancy shall be subject If Tenant holds over after the expiration or earlier termination of the Term without the express written consent of Landlord, then, in addition to all other remedies available to Landlord, Tenant shall become a tenant at sufferance only, upon the terms and provisions conditions set forth in this Lease so far as applicable (including Tenant's obligation to pay all Additional Rent under this Lease), but at a Monthly Base Rent equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable to the Premises immediately prior to the date of such expiration or earlier termination. Any such holdover Rent shall be paid on a per diem basis. Acceptance by Landlord of Rent after such expiration or earlier termination shall not constitute consent to a hold over hereunder or result in an extension of this Lease, and Tenant . This Section 21.2 shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall not be construed to extend create any express or implied right to holdover beyond the expiration of the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwiseany extension thereof. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable hold over for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least more than thirty (30) days prior without the express written consent of Landlord, Tenant shall be liable, and shall pay to the date of expiration of the TermLandlord within ten (10) days after demand, to request in writing that for all losses incurred by Landlord notify Tenant if, as of the date a result of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Termholdover, and shall indemnify, defend and hold Landlord and the Landlord Parties harmless from and against all liabilities, damages, losses, claims, suits, costs and expenses (including reasonable attorneys’ fees and costs) arising from or relating to any such holdover tenancy, including without limitation, any claim for damages made by a succeeding tenant. Tenant’s indemnification obligation hereunder shall promptly respond to such request, informing Tenant (subject to survive the limitations expiration or earlier termination of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the this Lease. The foregoing provisions of this sentence will Section 21.2 are in no event limit Tenant’s obligations under this Section 22 addition to, and shall be for informational purposes only. Tenant expressly acknowledges that even if do not affect, Landlord's right of re-entry or any other rights of Landlord is not, hereunder or otherwise at the time Landlord delivers such notice to Tenant, law or in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsequity.

Holding Over. If Tenant fails should fail to surrender all or any part of vacate the Premises at the upon expiration or termination of this Lease, occupancy with Landlord's approval Tenant shall become a month-to-month Tenant, subject to all laws of the Premises after termination shall District of Columbia applicable to such tenancy and to the terms and conditions of this Lease, so far as applicable. The monthly rent to be that of a tenancy at sufferance. Tenant’s paid Landlord by Tenant during such continued occupancy shall be subject an amount equal to one and one-half (1 1/2) times the rent (which shall include Basic Rent and Additional Rent) being paid for the month the Lease expires or is terminated. Notwithstanding the foregoing, if Tenant remains in occupancy without the consent of Landlord, after expiration or termination of this Lease, no receipt of money by Landlord from Tenant shall reinstate or extend this Lease or affect any prior notice given by Landlord to Tenant. Landlord shall have the right to accept any payments by Tenant as use and occupancy payments, but not as rent, without being deemed to have consented to such holdover. Such use and occupancy payments shall be equal to the amount of rent that would have been collected by Landlord pursuant to this Section 11 had Landlord approved Tenant's holding over as a month-to-month Tenant, and shall be credited against rent accruing for such period. Moreover, if Tenant fails to surrender the Premises upon expiration or termination 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 loss of rent or any claim made by any succeeding tenant or prospective tenant founded on or resulting from such failure to surrender. In the terms event of holding over, Landlord may at any time prior to acceptance of rent and without waiving its right to use and occupancy payments, reenter the Premises by any applicable legal process or otherwise in accordance with the provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiations.

Holding Over. Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall be only a Tenant at sufferance, whether or not Landlord accepts any Rent from Tenant or any other person while Tenant is holding over without Landlord's written consent If Tenant fails to surrender all or any part shall retain possession of the Premises at or any portion thereof without Landlord's consent following the expiration of this Lease or sooner termination for any reason, then Tenant shall pay to Landlord for each day of such retention double the amount of daily rental as of the last month prior to the date or expiration or earlier termination. Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, including reasonable attorneys' fees, resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by the succeeding tenant founded on such delay. Acceptance of Rent by Landlord following expiration or earlier termination shall not constitute a renewal of this Lease, and nothing contained in this Paragraph 25 shall waive Landlord's right of reentry or any other right. Additionally, in the event that upon expiration or earlier termination of this Lease, occupancy Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises after termination or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant's sole cost and expense and any time required by Landlord to complete such obligations shall be that considered a period of a tenancy at sufferance. Tenant’s occupancy shall be subject to all holding over and the terms and of this Paragraph 25 shall apply. The provisions of this Lease, and Tenant paragraph 25 shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination survive any expiration or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the earlier termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant fails to surrender all holds over for any period after the expiration (or any part earlier termination) of the Premises Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy possession shall be subject to all of the terms and provisions term of this Lease, and Tenant except that the monthly Basic Rent shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to be the greater of (a) one hundred fifty percent (150% %) of the Base Basic Rent in effect for the month immediately preceding such the date of termination for the initial month of hold over and one hundred seventy-five percent (175%) of the Basic Rent for the month immediately preceding the date of termination for each month of hold over thereafter, or (b) the fair market rent then currently scheduled Basic Rent for comparable space in the Premises, as determined in good faith Project. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, plus in each caseTenant shall indemnify and hold Landlord harmless from all loss or liability, 100% including, without limitation, claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of all applicable Additional Rent. No holdover by Tenant or payment by Tenant rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwiseLease. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the The foregoing provisions of this sentence will Section are in no event limit Tenant’s obligations addition to and do not affect Landlord's right of reentry or any other rights of Landlord under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, Lease or at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationslaw.

Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that the Monthly Base Rent for any such holdover period shall be equal to one hundred fifty percent (150%) of the Monthly Base Rent in effect TENANT’S INITIALS LANDLORD’S INITIALS under this Lease immediately prior to such holdover.. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender all or any part of the Premises at upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys’ fees and costs), including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded solely on or resulting solely from Tenant’s failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiations.

Holding Over. Unless Landlord expressly consents in writing to Tenant’s holding over, Tenant shall be only a Tenant at sufferance, whether or not Landlord accepts any Rent from Tenant or any other person while Tenant is holding over without Landlord’s written consent. If Tenant fails to surrender all or any part of the Premises at the termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of retain possession of the Premises by summary proceedings or otherwise. If any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then Tenant shall pay to Landlord is unable to deliver possession for each day of such retention one hundred fifty (150%) of the Premises to a new tenant or to perform improvements for a new tenant amount of daily rental as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days last month prior to the date of expiration or earlier termination. Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, including reasonable attorneys’ fees, resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by the succeeding tenant founded on such delay. Acceptance of the Term, to request in writing that Rent by Landlord notify Tenant if, as following expiration or earlier termination shall not constitute a renewal of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Termthis Lease, and Landlord nothing contained in this Paragraph 25 shall promptly respond to such requestwaive Landlord’s right of reentry or any other right. Additionally, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that upon expiration or earlier termination of this Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord subsequently commences shall have the right to perform any such negotiationsobligations as it deems necessary at Tenant’s sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. The provisions of this Paragraph 25 shall survive any expiration or earlier termination of this Lease.

Holding Over. If Tenant fails to surrender remains in possession of all or any part of the Premises at the termination of this Lease, occupancy of the Demised Premises after termination the Expiration Date, then such holding over shall be that of a tenancy at sufferance. Tenant’s occupancy shall be , for the entire Demised Premises, subject to all the terms and provisions conditions of this the Lease, and except that Tenant shall pay an amount monthly installments of Base Rent (determined on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150200% of the monthly installment of Base Rent in effect immediately preceding prior to such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rentholding. No holdover by Tenant or payment by Tenant after the termination of this Lease This Section shall not be construed as Landlord’s permission for Tenant to extend holdover. Acceptance of rent by Landlord following expiration or termination shall not constitute an extension of the Term or prevent Landlord from immediate recovery of possession of the Demised Premises by summary proceedings or otherwise. Notwithstanding any provision in this Lease to the contrary, any holdover by Tenant shall constitute an event of default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the case of an event of default by Tenant. If Landlord is unable to deliver Tenant remains in possession of all or any part of the Demised Premises to a new tenant after the Expiration Date, then Tenant shall indemnify and hold Landlord harmless from and against all losses (including, without limitation, consequential damages) resulting from or to perform improvements for a new tenant as a result arising out of Tenant’s holdoverfailure to surrender the Demised Premises, Tenant shall be liable for including, but not limited to, any and all damages, fees, and/or costs incurred or amounts required to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered paid to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord any tenant or prospective tenant who was to have possession occupied the Demised Premises after the Expiration Date and any related attorneys’ fees and brokerage commissions. By way of the Premises as of the date of expiration of the Term, clarification and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; howevernot limitation, the provisions performance of this sentence will in no event limit Tenant’s obligations under the fourth (4th) grammatical paragraph of Section 16(d) of the Original Lease, as amended by this Amendment, following the end of the term of this Lease shall not constitute Tenant’s remaining in possession of all or any part of the Demised Premises, shall not be deemed a holdover by Tenant, and shall not be subject to the terms of this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiations13.

Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that the Monthly Base Rent for any such holdover period shall be equal to one hundred twenty-five percent (125%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month's worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender all or any part of the Premises at upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant's failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiations.

Holding Over. If Tenant fails will not be permitted to surrender all or any part of the Premises at the termination of this Lease, occupancy hold over possession of the Premises after the expiration or earlier termination shall be that of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance. Tenant’s sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms terms, covenants and provisions conditions of this Lease, and Tenant so far as applicable, except that the Monthly Base Rent for any such holdover period shall pay an amount (on a per month basis without reduction for partial months during the holdover) be equal to the greater of (ai) 150% one hundred twenty-five percent (125%) of the Monthly Base Rent in effect under this Lease immediately preceding prior to such termination holdover, or (bii) the fair market then currently scheduled rental rate for comparable space in the Building, in either event prorated on a daily basis. Acceptance by Landlord of rent for after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises, as determined Premises upon the expiration of this Lease in good faith accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, plus Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, costs and expenses incurred by Landlord in each case, 100% returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant's failure to surrender the Premises. The provisions of all applicable Additional Rent. No holdover by Tenant this subparagraph 11(b) will survive the expiration or payment by Tenant after the earlier termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

Holding Over. Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall be only a Tenant at sufferance, whether or not Landlord accepts any Rent from Tenant or any other person while Tenant is holding over without Landlord's written consent. If Tenant fails to surrender all or any part of the Premises at the termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of retain possession of the Premises by summary proceedings or otherwise. If any portion thereof without Landlord's consent following the expiration of this Lease or sooner termination for any reason, then Tenant shall pay to Landlord is unable to deliver possession for each day of such retention DOUBLE the amount of daily rental as of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days last month prior to the date of expiration or earlier termination. Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, including reasonable attorneys' fees, resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by the succeeding tenant founded on such delay. Acceptance of the Term, to request in writing that Rent by Landlord notify Tenant if, as following expiration or earlier termination shall not constitute a renewal of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Termthis Lease, and Landlord nothing contained in this Paragraph 25 shall promptly respond to such requestwaive Landlord's right of reentry or any other right. Additionally, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that upon expiration or earlier termination of this Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord subsequently commences shall have the right to perform any such negotiationsobligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. The provisions of this Paragraph 25 shall survive any expiration or earlier termination of this Lease.

Holding Over. If This Lease shall expire absolutely and without notice on the Expiration Date or at the end of any Renewal Term as provided in Paragraph 3d., provided that if Tenant fails to surrender all retains possession of the Premises or any part of the Premises at the termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant thereof after the termination of this Lease shall be construed to extend by expiration of the Term or prevent any Renewal Term or otherwise, a month-to-month tenancy shall be deemed to exist on the same terms and conditions, including Base Rent, as were in effect for the Term or Renewal Term just ended. If such holding over continues for more than one (1) full calendar month after Landlord from immediate recovery delivers written notice to Tenant of termination of such month-to-month tenancy, Tenant shall pay Landlord, as partial compensation for such unlawful retention, for each such additional month Tenant remains in the Premises, double the amount of Base Rent otherwise due during the last full month of the most recent term and shall continue to pay Additional Rent as otherwise specified in this Lease. Such payments for unlawful retention shall not limit any rights or remedies of Landlord resulting by reason of the wrongful holding over by Tenant or create any right in Tenant to continue in possession of the Premises by summary proceedings or otherwisePremises. If Landlord is unable to deliver possession In the event the Term commences on a day other than the first day of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdovercalendar month, Tenant shall be liable for any and all damagespay to landlord, fees, and/or costs incurred on or to be incurred (including consequential damages) that Landlord suffers from before the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration Commencement Date of the Term, to request in writing that Landlord notify Tenant if, as a pro rata portion of the date monthly installment of Base Rent, such request, Landlord is then negotiating pro rata portion to be based on the terms number of a lease which will require Landlord to have possession of days remaining in such partial month after the Premises as of the date of expiration Commencement Date of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant hereby covenants and agrees to pay the annual Base Rent, Additional Rent and other sums payable to Landlord hereunder when due, without deduction or set-off or prior demand therefor, except as otherwise expressly acknowledges that even if provided for in this Lease. In order to compensate Landlord is not, at for the time additional expense Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder may incur in the event that Tenant is delinquent in the payment of rent or other sums due hereunder, Tenant agrees to pay Landlord subsequently commences a late charge equal to five (5%) percent of any installment of Base Rent, Additional Rent or any other payment due hereunder not paid within ten (10) days after such negotiationsinstallment or payment is due. In addition, Tenant shall pay Landlord a service charge equal to five (5%) percent of the amount of any check given by Tenant to Landlord which Tenant's bank refuses to honor upon initial presentation.

Holding Over. If This Lease shall terminate without further notice at the expiration, or earlier termination pursuant to the terms hereof, of the Lease Term. Any holding over by Tenant fails after Lease Termination shall not constitute a renewal or extension of the Lease Term, nor give Tenant any rights in or to surrender the Premises except as expressly provided in this Lease. Any holding over after Lease Termination with the prior written consent of Landlord shall be construed to be a tenancy from month to month, at one hundred fifty percent (150%) of the monthly Rent for the month immediately preceding Lease Termination, in addition to all Additional Rent payable hereunder (such Rent and Additional rent computed on a monthly basis for each month or ratably for any part thereof during such holding over), and shall otherwise be on the terms and conditions herein specified insofar as applicable. Tenant agrees that the reasonable value of the use of the Premises at during any holding over without the written consent of Landlord shall be the greater of (x) one hundred fifty percent (150%) of the monthly Rent for the month immediately preceding Lease Termination or (y) the fair market rental value of the Premises (as reasonably determined by Landlord) (pro rated on a daily basis). Acceptance by Landlord of rent after such termination shall not constitute Landlord’s consent to any hold over hereunder or result in a renewal. If Tenant remains in possession of the Premises after Lease Termination without Landlord’s consent, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, damage, expense, claim or liability resulting from Tenant’s failure to surrender the Premises, including without limitation, any claims made by any succeeding tenant based on delay in the availability of the Premises. The provisions of this Paragraph 21 shall survive the expiration or earlier termination of this Lease. Notwithstanding the foregoing, upon written notice to Landlord given no later than six (6) months prior to the expiration of the Initial Term (as defined in Paragraph 44 below), 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 upon each and all of the terms and conditions set forth in this Lease (as may be applicable, but expressly excluding the extension rights set forth in Paragraph 44 below, and without in any way extending the Initial Term for purposes of determining the date by which Tenant must exercise the first Option described in Paragraph 44 below) for a period of ninety (90) days after the expiration of the Initial Term (such ninety (90) day period, if applicable, being the “Permitted Holdover Period”). The Permitted Holdover Period (if applicable) shall not constitute an extension of this Lease. In consideration of Tenant’s occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all during the terms and provisions of this LeasePermitted Holdover Period (if applicable), and Tenant shall pay an amount (on a per month basis without reduction in advance, for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior day interval encompassed within such ninety (90) day Permitted Holdover Period, the amount equal to one hundred twenty-five percent (125%) of the monthly installment of Rent in effect for the Premises (in its entirety) for the last month of the Initial Term (i.e., $209,271.02/month x 125% = $261,588.78/month) (such monthly amount being the “Permitted Holdover Period Rent”), in addition to, and not in lieu of, all other payments required to be made by Tenant under this Lease, including, but not limited to, Tenant’s percentage share of Operating Expenses (or any component(s) thereof). If Landlord fails to receive the six (6) months’ written notice from Tenant required pursuant to the date first sentence of expiration of the Termthis grammatical above, to request or Tenant holds over in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of beyond the date of expiration of the TermPermitted Holdover Period (if applicable), and Landlord shall promptly respond to then, in either such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; howevercase, the provisions first grammatical paragraph of this sentence will in no event limit Tenant’s obligations under this Section 22 and Paragraph 21 shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsgovern.

Holding Over. If Unless Landlord expressly consents in writing to Tenant’s holding over, Tenant fails to surrender all or any part of the Premises at the termination of this Lease, occupancy of the Premises after termination shall be that unlawfully and illegally in possession of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by whether or not Landlord accepts any rent from Tenant or payment by any other person while Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of remains in possession of the Premises by summary proceedings or otherwisewithout Landlord’s written consent. If Landlord is unable to deliver Tenant shall retain possession of the Premises to a new tenant or to perform improvements any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for a new tenant as a result of Tenant’s holdoverany reason, then Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered pay to Landlord at least thirty for each day of such retention one hundred fifty percent (30150%) days of the amount of daily rental as of the last month prior to the date of expiration or earlier termination; provided, however, that during the first (1st) month following the expiration or earlier termination of the TermLease, Tenant shall only be obligated to request in writing that pay to Landlord notify Tenant if, one hundred twenty-five percent (125%) of the amount of the daily rental as of the date last month prior to the expiration or earlier termination. Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, including consequential and incidental damages and reasonable attorneys’ fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by the succeeding tenant founded on such delay. Acceptance of Rent by Landlord following expiration or earlier termination of this Lease, or following demand by Landlord for possession of the Premises, shall not constitute a renewal of this Lease, and nothing contained in this Paragraph 25 shall waive Landlord’s right of reentry or any other right. Additionally, if upon expiration or earlier termination of this Lease, or following demand by Landlord for possession of the Premises, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such requestobligations as it deems necessary at Tenant’s sole cost and expense, and any time required by Landlord is then negotiating to complete such obligations shall be considered a period of holding over and the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord this Paragraph 25 shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the apply. The provisions of this sentence will in no event limit Tenant’s obligations under Paragraph 25 shall survive any expiration or earlier termination of this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

Holding Over. If Tenant fails to surrender all Tenant, or any part assignee or subtenant of Tenant, holds over possession of the Premises at beyond the expiration or earlier termination of this Lease, occupancy of the Premises after termination shall such holding over will not be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed deemed to extend the Term or prevent Landlord from immediate recovery renew this Lease but such holding over will continue upon the terms, covenants and conditions of possession this Lease except that the charge for use and occupancy of the Premises by summary proceedings for each calendar month or otherwise. If Landlord is unable portion thereof that Tenant or such assignee or subtenant holds over will be a liquidated sum equal to deliver possession one and one-half (1½) times the Basic Rent and Additional Rent payable for the month immediately preceding the expiration or earlier termination of this Lease for the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least first thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such requestholding over, and thereafter, two (2) times the Basic Rent and Additional Rent payable for the month immediately preceding the expiration or earlier termination of this Lease. The parties recognize and agree that the damage to Landlord is then negotiating the terms resulting from any failure by Tenant or any assignee or subtenant of a lease which will require Landlord Tenant to have timely surrender possession of the Premises as will exceed the amount of the monthly Basic Rent and Additional Rent and will be impossible to accurately measure. If the Premises are not surrendered upon the expiration or earlier termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord against any and all losses and liabilities resulting therefrom, including, without limitation, any claims made by any succeeding tenant founded upon such delay, so long as (i) Landlord has notified Tenant that Landlord has executed a lease or other occupancy agreement for all or any portion of the Premises, and (ii) a holdover by Tenant continues for the longer of sixty (60) days after the date this Lease expires or thirty (30) days after Landlord delivers to Tenant notice of such executed lease. Nothing contained in this Lease will be construed as a consent by Landlord to the occupancy or possession of the Premises beyond the expiration or earlier termination of this Lease. Tenant shall, at its sole cost and expense, take all actions required to remove any assignee or subtenant of Tenant, or other party claiming rights to the Premises under or through Tenant upon the expiration or earlier termination of the Term, . Nothing contained in this Section shall preclude Landlord from commencing and Landlord prosecuting a holdover or summary eviction proceeding and this provision shall promptly respond be deemed to such request, informing Tenant (subject to be an agreement expressly “providing otherwise” within the limitations meaning of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, Section 232-c of the Real Property Law of the State of New York. The provisions of this sentence Article 24 will in no event limit Tenant’s obligations under survive the expiration or earlier termination of this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

Holding Over. This Lease shall terminate without further notice at the expiration of the Lease Term. Any holding over by Tenant (or any Tenant Related Parties) after Lease Termination shall not constitute a renewal or extension of the Lease Term, nor give Tenant any rights in or to the Premises except as expressly provided in this Lease. If Tenant fails to surrender all or any part holds over after termination of this Lease without the express written consent of Landlord, Tenant shall become a tenant at sufferance only. Tenant agrees that the reasonable value of the use of the Premises at during any such holding over without consent shall be one hundred twenty-five percent (150%) of the monthly Base Rent in effect upon the date of such termination (without regard to any abatement of this Lease, occupancy such monthly Base Rent and prorated on a daily basis) and Tenant shall continue to pay during such holdover period all Additional Rent payable by Tenant in effect upon the date of such termination (prorated on a daily basis). Acceptance by Landlord of rent after such termination shall not constitute a hold over hereunder or result in a renewal. If Tenant remains in possession of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms Lease Termination and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord has provided at least thirty (30) days prior advance written notice to Tenant that Landlord has entered into a new lease with a new tenant covering the Premises, or applicable part thereof, then and only then, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, damage, expense, claim or liability resulting from Tenant’s failure to surrender the Premises, including without limitation, any claims made by any succeeding tenant based on delay in the availability of the Premises; provided, however, in no event shall the foregoing be construed as requiring Tenant to indemnify Landlord for any loss, damage, expense, claim or liability to the date extent caused by the negligence or willful misconduct of expiration of the TermLandlord or its respective employees, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality contractors or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the agents. The provisions of this sentence will in no event limit Tenant’s obligations under Paragraph 21 shall survive the expiration or earlier termination of this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

Holding Over. If Tenant fails to surrender all or any part remains in possession of the Demised Premises at after the termination of this Lease, occupancy expiration of the Premises after termination Lease Term, except as otherwise provided in the Option Agreement (as hereinafter defined), such possession shall be that of as a tenancy tenant at sufferance. Tenant’s occupancy During such occupancy, rent shall be subject payable equal to all 150% times the terms and provisions monthly amount of this LeaseAnnual Rent payable during the last month of the Lease Term, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination provisions of this Lease shall be construed applicable and continue in full force and effect. However, Landlord's acceptance of any rent payments and the terms of this Section 4.4 shall not constitute a renewal of this Lease or give Tenant any right to extend continue to occupy the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings Land on a month-to-month basis or otherwise. If Landlord Notwithstanding the foregoing, if Tenant is unable to deliver possession surrender the Demised Premises because Landlord fails to provide a qualified and duly licensed operator (a "Proper Successor") for the Facility at the end of the Premises Lease Term to a new tenant or to perform improvements for a new tenant as a result take over the operation and management of Tenant’s holdoverthe Facility, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Termbut shall not be obligated to, to request remain in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Demised Premises as and continue to operate and manage the same if Tenant would be legally prohibited from abandoning the Demised Premises or in Tenant's judgment, abandoning the Demised Premises without a Proper Successor in place to continue the operations of the date Facility would jeopardize its (or its affiliates') reputation as a provider of expiration residential congregant, nursing and/or assisted living facility care or could otherwise subject it (or its affiliates) to liability. In the event Tenant remains in possession of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject Demised Premises pursuant to the limitations of any confidentiality or nondisclosure agreement then binding Landlordimmediately preceding sentence, Tenant shall (a) pay to Landlord as to whether Landlord is negotiating (or has completed) gross rent during such a lease; however, occupancy 90% the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Annual Rent payable by Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process last Lease Year of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in Lease Term and (b) surrender possession of the event that Demised Premises within ten (10) days after Landlord subsequently commences any such negotiationsprovides a Proper Successor to take over the operation and management of the Facility.

Holding Over. If This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to surrender all do so) shall be deemed a holding over by Tenant If Tenant holds over for any period after the Expiration Date (or any part earlier termination) of the Premises Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy possession shall be subject to all of the terms and provisions of this Lease, and Tenant except that the monthly Basic Rent shall pay an amount be two hundred percent (on a per month basis without reduction for partial months during the holdover200%) equal to of the greater of (a) 150% of the Base Basic Rent in effect for the month immediately preceding such the date of termination or (b) the fair market rent men currently scheduled Basic Rent for comparable space in the Premises, as determined in good faith Project. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, plus in each caseTenant shall indemnify and hold Landlord harmless from all loss or liability, 100% including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of all applicable Additional Rent. No holdover by Tenant or payment by Tenant rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwiseLease. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the The foregoing provisions of this sentence will Section are in no event limit Tenant’s obligations addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, Lease or at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationslaw.,

Holding Over. If Should Tenant fails to surrender all hold over after the expiration or any part of the Premises at the sooner termination of this LeaseSublease with Landlord’s prior written consent, occupancy of the Premises after termination such possession by Tenant shall be that deemed to be a month-to-month tenancy subject to each and all terms and conditions of this Sublease as applicable to a month-to-month tenancy, and such tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Leaseterminable upon not less than thirty (30) days’ written notice given by either Landlord or Tenant at any time. During such holding over, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) in advance monthly Base Rent equal to the greater amount of: a) the product of (athe Rentable Area times the base rent per square foot of Rentable Area then being quoted generally by Landlord to prospective tenants, or b) 150% of the Base Rent in effect immediately preceding such termination or (b) established under the fair market rent Sublease for the Premiseslast month of the Term of the Sublease. In addition, Tenant shall pay any Additional Rent as determined set forth in good faith by Landlord, plus Section 5 and any other charges payable under the Sublease during the period in each case, 100% of all applicable Additional Rentwhich Tenant holds over. No holdover by Tenant or payment by Tenant after the termination The foregoing provisions of this Lease Section are in addition to and do not affect any rights of Landlord under the Sublease or as otherwise provided by law. Nothing contained herein shall be construed constitute Landlord’s consent to extend the Term or prevent Landlord from immediate recovery of possession of the Premises any holding over by summary proceedings or otherwiseTenant. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result The terms and conditions of Tenant’s holdover, Tenant shall holding over may be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that changed by Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least upon not less than thirty (30) days prior days’ written notice. If Tenant fails to surrender the date Premises upon the expiration or sooner termination of expiration this Sublease despite written demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all losses or liability, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender, any loss of the Termrent from prospective tenants, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require and any reasonable attorneys’ fees and legal costs incurred and paid by Landlord to have possession of the Premises as of the date of expiration of the Termenforce Landlord’s rights hereunder, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality whether or nondisclosure agreement then binding Landlord) as to whether Landlord not a legal action is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsfiled.

Holding Over. If Tenant fails to surrender all or remains in possession of any part of the Premises at Building after the termination expiration of the Term of this LeaseLease with Landlord’s written consent, occupancy Tenant shall be only a tenant at will and the monthly installments of Minimum Rent payable during such holdover period shall be one hundred ten percent (110%) of the Premises after termination shall be that monthly installments of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Minimum Rent in effect payable immediately preceding such termination or (b) expiration, and all Additional Rent and other sums payable under this Lease shall continue to be due and payable. If Tenant remains in possession of any part of the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant Building after the termination expiration of the Term of this Lease without Landlord’s written consent, Tenant shall be construed only a tenant at sufferance and the monthly installments of Minimum Rent payable during such holdover period shall be one hundred fifty percent (150%) of the monthly installments of Minimum Rent payable immediately preceding such expiration, and all Additional Rent and other sums payable under this Lease shall continue to be due and payable. The acceptance of any rent or other payments from Tenant with respect to any holdover period shall not serve to extend the Term or prevent waive any rights of Landlord, but Landlord may at any time refuse to accept rent or other payments from immediate recovery of Tenant, and may re-enter the Building, evict Tenant and all parties then in occupancy or possession, take possession of the Premises by summary proceedings or otherwiseBuilding, and if permitted under applicable law, change the locks on the doors of the Building without making keys to the changed locks available to Tenant. If Landlord is unable to deliver Tenant remains in possession of any part of the Premises to a new tenant or to perform improvements for a new tenant as a result Building after the expiration of Tenantthe Term of this Lease without Landlord’s holdoverwritten consent, Tenant shall be liable for indemnify and hold Landlord harmless against any and all damagesloss, feesliability, and/or costs incurred damage, cost, or to be incurred expense (including consequential damages) that reasonable attorneys’ fees and costs of litigation), or any claim therefore, related to Tenant’s holding over, including liabilities to any person to whom Landlord suffers from the holdover. Tenant shall may have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration leased any part of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsBuilding.

Holding Over. If Tenant fails ▇▇▇▇▇▇ acknowledges that possession of the Land and Improvements must be surrendered to Landlord at the expiration or sooner termination of the Term. ▇▇▇▇▇▇ agrees to indemnify Landlord against and save Landlord harmless from all costs, claims, loss or liability resulting from the failure or delay by ▇▇▇▇▇▇ in so surrendering the Land and Improvements, including, without limitation, any claims made by any succeeding tenant founded on such failure or delay. The parties recognize and agree that the damage to Landlord resulting from any failure by ▇▇▇▇▇▇ to surrender all or any part possession of the Premises at Land and Improvements timely as aforesaid may be extremely substantial, may exceed the amount of the Percentage Rent and additional Rent theretofore payable hereunder, and will be impossible to measure accurately. Unless Landlord and Tenant agree otherwise in writing, if possession of the Land and/or Improvements is not surrendered to Landlord upon the expiration or sooner termination of this Leasethe Term, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and then Tenant shall pay an amount (on to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Land and/or Improvements after the expiration or sooner termination of the Term, in addition to any sums payable pursuant to the foregoing indemnity, a per month basis without reduction for partial months during the holdover) sum equal to two (2) times the greater of (a) 150% Percentage Rent which was payable under this Lease with respect to the last month of the Base Rent Term in effect immediately preceding such termination or (b) which the fair market rent for Hotel was operated at normal capacity. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant Land and/or Improvements after the expiration or sooner termination of this Lease the Term. If Tenant holds over in possession after the expiration or termination of the Term, such holding over shall not be construed deemed to extend the Term or prevent Landlord from immediate recovery of possession of renew this Lease, but the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant tenancy shall be liable for any and all damages, fees, and/or costs incurred or from month to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating month upon the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions conditions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, Lease at the time Landlord delivers such notice to Tenant, in Percentage Rent and additional Rent as herein increased. This provision shall survive the process expiration or earlier termination of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsthis Lease.

Holding Over. If In the event that Tenant fails to shall not immediately surrender all or any part possession of the Premises leased premises at the termination of this Lease, occupancy Tenant shall become a tenant from month to month only if rent is paid to and accepted by Landlord in advance at the rate of 110% of the Premises after rental payable hereunder just prior to the termination of this Lease. Unless and until Landlord accepts such rental from Tenant, Landlord shall be that entitled to retake or recover possession of a tenancy at sufferance. Tenant’s occupancy the leased premises as provided in case of default on the part of Tenant and Tenant shall be subject liable to all Landlord for any loss or damage it may sustain by reason of Tenant's failure to surrender possession of the terms and provisions leased premises immediately upon expiration of the term of this Lease, and or, if applicable, the last properly exercised extended term hereof as provided in Paragraph 29. No holding over by Tenant shall pay an amount (on a per month basis operate to renew or extend this Lease, other than as provided in Paragraph 29, without reduction the written consent of Landlord to such renewal or extension having been first obtained. If Tenant shall fail to surrender possession of the leased premises immediately upon such term expiration, Tenant hereby agrees that all obligations, including those for partial months rent, of Tenant and all rights of Landlord applicable during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination term of this Lease shall be construed equally applicable during such period of subsequent occupancy whether or not the month to extend the Term or prevent Landlord from immediate recovery month tenancy shall have been created as aforesaid. For purposes of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdoverthis Lease, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord deemed to have not surrendered possession of the Premises as leased premises if Tenant has failed to cancel, terminate, assign, or transfer any of the date utility services as provided in Paragraph 4 hereof, and if any utility service company fails or refuses to accept the power of expiration attorney of Landlord set forth in Paragraph 4, or if Tenant exercises or refuses to release any other control or authority over, or with regard to, the leased premises regardless of whether or not Tenant is in physical possession of the Termleased premises including, and Landlord shall promptly respond but not limited to, failure to such requestreturn keys, informing Tenant (subject failure to remove personal property from the leased premises, or failure to cancel telephone service to the limitations of any confidentiality leased premises or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at improvements on the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsleased premises.

Holding Over. If This Lease shall terminate without further notice at the expiration of the Lease Term. Any holding over by Tenant fails after expiration of the Lease Term shall not constitute a renewal or extension of the Lease or give Tenant any rights in or to surrender the Premises, except as expressly provided in this Lease. Any holding over after such expiration with the written consent of Landlord shall be construed to be a tenancy from month to month on the same terms and conditions herein specified insofar as applicable, except that Base Monthly Rent shall be increased to the greater of: (1) an amount equal to 125% of the Base Monthly Rent payable during the last full calendar month of the Lease Term for the first 60 days of such holdover and 150% of such Base Monthly Rent for any holdover period thereafter, or, (2) 200% of the Base Monthly Rent set forth under any lease of all or any part of the Premises at commencing after the termination of this Lease, occupancy end of the Premises after termination shall be Lease Term, providing that Landlord gives Tenant written Notice of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Leasesuch lease within sixty 60 days of the end of any Lease term (the “Relet Notice”). Should Landlord provide the Relet Notice, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal in addition to the greater of (a) 150% of Rent set forth in Subsection 2 above, the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs damages incurred or by Landlord (other than rents recovered under Section C.2 above) due to be incurred (including consequential damages) that Landlord suffers from Landlord’s inability to deliver the holdover. Tenant shall have Premises to any proposed tenant identified in the right, by written notice delivered Relet Notice pursuant to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a any lease which will require between Landlord and tenant identified in the Relet Notice, and shall fully indemnify Landlord as set forth in Section 10.B as to have possession of any claims arising from Tenant’s failure to vacate the Premises as in compliance with the terms of this Lease at the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations end of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsstated Term.

Holding Over. If Tenant fails to surrender Sublessee (directly or through any transferee or other successor-in-interest of Sublessee) remains in possession of all or any part of the Premises at after the Sublease Expiration Date or earlier termination of this LeaseSublease, occupancy such holding over, in the absence of an express written agreement to the Premises after termination contrary, shall be that on the basis of a tenancy at sufferancethe sufferance of Sublessor. Tenant’s occupancy In such event, Sublessee shall continue to comply with all of the terms, conditions and covenants of this Sublease as though the Sublease Term had continued, except that such tenancy at sufferance shall be subject terminable by Sublessor at any time and rent shall be paid for each month (or portion thereof) during which Sublessee holds over in the Premises after the expiration or earlier termination of this Sublease, in an amount equal to 200% of the monthly Base Sublease Rent due under this Sublease, plus all other amounts that would otherwise have been payable as Additional Rent had the terms Sublease Term continued through the period of such holding over. If Sublessee fails to surrender the Premises on the Sublease Expiration Date or earlier termination of this Sublease, in addition to any other liabilities to Sublessor accruing therefrom, Sublessee shall indemnify and hold Sublessor harmless from all loss or liability resulting from such failure, including without limitation (i) any claims of Landlord against Sublessor for failure to surrender the Premises at the time and in the manner required under the Master Lease or for violating any term of the Master Lease, and (ii) any claims made by any succeeding tenant or other third party based upon such failure. This indemnification obligation shall survive the expiration or earlier termination of this Sublease. The provisions of this Lease, Section 4.12 are in addition to and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination do not limit Sublessor’s rights or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit TenantSublessee’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsSublease.

Holding Over. If Tenant fails to surrender all Lessee, or any part assignee or sublessee of Lessee, holds over possession of the Premises at beyond the termination Termination Date, such holding over shall not be deemed to extend the Term or renew this Lease but such holding over shall continue upon the terms, covenants and conditions of this Lease, Lease except that Lessee agrees that the charge for use and occupancy of the Premises after termination for each calendar month or portion thereof that Lessee holds over (even if such part shall be that of a tenancy at sufferance. Tenant’s occupancy one day) shall be subject a liquidated sum equal to all one-twelfth (1/12th) of 1.5 times the terms Basic Rent and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months Additional Rent required to be paid by Lessee during the holdover) equal calendar year preceding the Termination Date. The parties recognize and agree that the damage to the greater of (a) 150% Lessor resulting from any failure by Lessee to timely surrender possession of the Base Premises will be extremely substantial, will exceed the amount of the monthly Basic Rent in effect immediately preceding and Additional Rent payable hereunder and will be impossible to accurately measure. If the Premises are not surrendered upon the Termination Date, Lessee shall indemnify, defend and hold harmless Lessor against any and all losses and liabilities resulting therefrom, including, without limitation, any claims made by any succeeding tenant founded upon such termination delay, so long as Lessor has notified Lessee that Lessor has executed a lease or (b) the fair market rent other occupancy agreement for all or any portion of the Premises, as determined . Nothing contained in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed as a consent by Lessor to extend the Term occupancy or prevent Landlord from immediate recovery of possession by Lessee of the Premises by summary proceedings beyond the Termination Date, and Lessor, upon said Termination Date, shall be entitled to the benefit of all legal remedies that now may be in force or otherwise. If Landlord is unable may be hereafter enacted relating to deliver possession the immediate repossession of the Premises Premises. Lessee shall, at its sole cost and expense, take all actions required to a new tenant remove any assignee or to perform improvements for a new tenant as a result sublessee of Tenant’s holdoverLessee, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior other party claiming rights to the date of Premises under or through Lessee upon the expiration or earlier termination of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the . The provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and Article shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at survive the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsTermination Date.

Holding Over. If In the event Tenant fails to surrender all or any part party under Tenant claiming rights to this Lease, retains possession of the Premises at after the expiration or earlier termination of this Lease, occupancy of the Premises after termination such possession shall constitute and be that of construed as a tenancy at sufferance. Tenant’s occupancy will only, subject, however, to all of the terms, provisions, covenants and agreements on the part of Tenant hereunder; such parties shall be subject to all the terms immediate eviction and provisions of this Lease, removal and Tenant or any such party shall pay Landlord as rent for the period of such holdover an amount (on a per month basis without reduction for partial months during the holdover) equal to one and one-half (1.5) times the greater of (a) 150% of the Base Basic Annual Rent in effect immediately preceding such termination expiration or (b) the fair market rent for the Premisestermination, as determined applicable, prorated on a daily basis. Tenant shall also pay any and all damages sustained by Landlord as a result of such holdover. The rent during such holdover period shall be payable to Landlord from time to time on demand; provided, however, if no demand is made during a particular month, holdover rent accruing during such month shall be paid in good faith accordance with the provisions of Article 2. Tenant will vacate the Premises and deliver same to Landlord immediately upon Tenant's receipt of notice from Landlord to so vacate. No holding over by Tenant, whether with or without consent of Landlord, plus in each case, 100% shall operate to extend the term of all applicable Additional Rent. No holdover this Lease; no payments of money by Tenant or payment by Tenant to Landlord after the expiration or earlier termination of this Lease shall be construed to reinstate, continue or extend the Term term of this Lease; and no extension of this Lease after the expiration or prevent earlier termination thereof shall be valid unless and until the same shall be reduced to writing and signed by both Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwiseand Tenant. If Landlord is unable elects to cause Tenant to be ejected from the Premises through judicial process, and without in any way limiting Landlord's rights under subsection 1.302 above, Tenant agrees that Landlord will not be required to deliver possession Tenant more than one (1) days' notice to vacate prior to Landlord's filing of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdoverforcible detainer suit. In addition, Tenant agrees that Landlord shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior entitled to the date payment of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, its reasonable legal fees and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder administrative expenses in the event that Landlord subsequently commences any such negotiationsprevails in a forcible detainer action brought by Landlord.

Holding Over. If If, with Landlord’s express written consent, Tenant fails to surrender all or any part of the Premises at the termination of this Lease, occupancy retains possession of the Premises after the termination shall be that of a tenancy at sufferance. Tenant’s occupancy 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 LeaseLease (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 or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms 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 pay an amount (on become a per month basis without reduction for partial months during tenant at sufferance upon the holdover) terms of this Lease except that the monthly rental shall be equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such during the last 30 days of the Term, plus Operating Expenses and all other amounts due under this Lease, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages; provided, however, that if Tenant delivers a written inquiry to Landlord within 30 days prior to the expiration or earlier termination of the Term, Landlord will notify Tenant whether the potential exists for consequential damages. No holding over by Tenant, whether with or (b) the fair market rent without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises, as determined in good faith . Acceptance by Landlord, plus in each case, 100% Landlord of all applicable Additional Rent. No holdover by Tenant or payment by Tenant Rent after the expiration of the Term or earlier termination of this Lease shall be construed not result in a renewal or reinstatement of this Lease. Payments of Rent payable pursuant to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements this Section 8 for a new tenant as a result of Tenant’s holdover, Tenant any fractional calendar month shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsprorated.

Holding Over. If Tenant fails to surrender all or any part of the Premises at the termination of this LeaseShould Tenant, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Leasewith Landlord's written consent, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant hold over after the termination of this Lease and continue to pay Rent, 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 month to month tenancy and any such holding over shall not constitute an extension of this Lease. During such holding over, Tenant shall pay monthly Rent equal to one hundred twenty-five percent (125%) of the last monthly Rent and the other monetary charges as provided herein. Such tenancy shall only be available to Tenant for a maximum of two (2) calendar months and may be terminated by Landlord or Tenant by giving at least ten (10) days written notice prior to the end of the first hold over calendar month. None of the terms in the paragraph or the fact that the Tenant is allowed to hold over shall be considered as an assurance to the Tenant that it may continue occupancy of the Premises after the expiration of the Term of this Lease, or as an extension of the Term of this Lease by the Landlord on any basis, nor as a waiver of any of the Landlord's rights to terminate this Lease and re-enter the Premises. Nothing contained herein shall be construed to extend give Tenant the Term right to holdover at any time, and Landlord may exercise any and all remedies at law or prevent Landlord from immediate recovery of in equity to recover possession of the Premises, as well as damages incurred by Landlord due to Tenant's failure to vacate the Premises by summary proceedings or otherwise. If Landlord is unable to and deliver possession of the Premises to a new tenant or to perform improvements for a new tenant Landlord as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdoverherein provided. Tenant shall have reimburse Landlord and indemnify Landlord against all damages incurred by Landlord from any delay by Tenant in vacating the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsPremises.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant fails to surrender all holds over for any period after the expiration (or any part earlier termination) of the Premises Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy possession shall be subject to all of the terms and provisions of this Lease, and Tenant except that the monthly Basic Rent shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to be the greater of (a) one hundred fifty percent (150% %) of the Base Basic Rent in effect for the month immediately preceding such the date of termination for the initial three (3) months of holdover, and two hundred percent (200%) of the Basic Rent for the month immediately preceding the date of termination for each month of holdover thereafter, or (b) the fair market rent then currently scheduled Basic Rent for comparable space in the Premises, as determined in good faith Project. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, plus 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 Tenant has been notified in each case, 100% writing by Landlord prior to the expiration of all applicable Additional Rentthe Term of such succeeding tenant. No holdover Acceptance by Tenant or payment by Tenant Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwiseLease. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the The foregoing provisions of this sentence will Section are in no event limit Tenant’s obligations addition to and do not affect the Landlord's right of re-entry or any other rights of Landlord under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, Lease or at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationslaw.

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

Holding Over. If Tenant fails to surrender all Any holding over after the expiration or any part of the Premises at the termination of this Lease, occupancy lease with the written consent of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease Landlord shall be construed to extend be a tenancy from month to month at the Term monthly rent, as adjusted, in effect on the date of such expiration or prevent Landlord from immediate recovery termination. All provisions of this lease, except those pertaining to the term and any option to extend, shall apply to the month to month tenancy. The provisions of this paragraph are in addition to, and do not affect, Landlord's right of reentry or other rights hereunder or provided by law. If Tenant shall retain possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession any part thereof without Landlord's consent following the expiration or sooner termination of the Premises to a new tenant or to perform improvements this lease for a new tenant as a result of Tenant’s holdoverany reason, then Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered pay to Landlord at least for each day of such retention for the first thirty (30) days one hundred twenty-five percent (125%) of the daily rental in effect during the last month prior to the date of such expiration or termination and thereafter Tenant shall pay to Landlord for each day of such retention double the amount of the Term, daily rental in effect during the last month prior to request in writing that Landlord notify Tenant if, as of the date of such requestexpiration or termination. Tenant shall also indemnify and hold Landlord harmless from any loss, liability and expense (including, but not limited to, attorneys fees) resulting from delay by Tenant in surrendering the Premises, including without limitation any claims made by any succeeding tenant founded on such delay. Acceptance of rent by Landlord is then negotiating the terms following expiration or termination shall not constitute a renewal of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Termthis lease, and Landlord nothing contained in this paragraph shall promptly respond to such request, informing waive Landlord's right of re-entry or any other right. Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. only a Tenant expressly acknowledges that even if at sufferance, whether or not Landlord is not, at the time Landlord delivers such notice to accepts any rent from Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationswhile Tenant is holding over without Landlord's written consent.

Holding Over. Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall be only a Tenant at sufferance, whether or not Landlord accepts any Rent from Tenant or any other person while Tenant is holding over without Landlord's written consent. If Tenant fails to surrender all or any part of the Premises at the termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of retains possession of the Premises by summary proceedings or otherwise. If any portion thereof without Landlord's consent following the Lease expiration or sooner termination for any reason, then Tenant shall pay to Landlord is unable to deliver possession for each day of such retention double the amount of daily rental as of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days last month prior to the date of expiration or earlier termination. Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, including reasonable attorney's fees, resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by the succeeding tenant founded on such delay. Acceptance of the Term, to request in writing that Rent by Landlord notify Tenant if, as following expiration or earlier termination shall not constitute a renewal of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Termthis Lease, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will nothing in no event limit Tenant’s obligations under this Section 22 and 25 shall be for informational purposes onlywaive Landlord's right of reentry or any other right. Tenant expressly acknowledges that even if Landlord is notAdditionally, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that upon expiration or earlier termination of this Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord subsequently commences shall have the right to perform any such negotiationsobligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this section shall apply. The provisions of this Section 25 shall survive any expiration or earlier termination of this Lease.

Holding Over. If Unless Landlord expressly consents in writing to Tenant's holding over, Tenant fails to surrender all or any part of the Premises at the termination of this Lease, occupancy of the Premises after termination shall be that unlawfully and illegally in possession of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by whether or not Landlord accepts any rent from Tenant or payment by any other person while Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of remains in possession of the Premises by summary proceedings or otherwisewithout Landlord's written consent. If Landlord is unable to deliver Tenant shall retain possession of the Premises to a new tenant or to perform improvements any portion thereof without Landlord's consent following the expiration of this Lease or sooner termination for a new tenant as a result of Tenant’s holdoverany reason, then Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered pay to Landlord at least thirty for each day of such retention one hundred fifty percent (30150%) days of the amount of daily rental as of the last month prior to the date of expiration or earlier termination for the first three months following expiration and two hundred percent (200%) of the Term, to request in writing that Landlord notify Tenant if, amount of daily rental as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord last month prior to have possession of the Premises as of the date of expiration or earlier termination for every month thereafter. Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, including consequential and incidental damages and reasonable attorneys' fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises, including, without limitation, liability of Landlord to the succeeding tenant founded on such delay. Acceptance of Rent by Landlord following expiration or earlier termination of this Lease, or following demand by Landlord for possession of the TermPremises, shall not constitute a renewal of this Lease, and nothing contained in this Paragraph 25 shall waive Landlord's right of reentry or any other right. Additionally, if upon expiration or earlier termination of this Lease, or following demand by Landlord for possession of the Premises, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall promptly respond have the right to perform any such requestobligations as it deems necessary at Tenant's sole cost and expense, informing Tenant (subject and any time required by Landlord to complete such obligations shall be considered a period of holding over and the limitations terms of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the this Paragraph 25 shall apply. The provisions of this sentence will in no event limit Tenant’s obligations under Paragraph 25 shall survive any expiration or earlier termination of this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

Holding Over. If Tenant fails will not be permitted to surrender all or any part of the Premises at the termination of this Lease, occupancy hold over possession of the Premises after the expiration or earlier termination shall be that of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance. Tenant’s sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms terms, covenants and provisions conditions of this Lease, and Tenant so far as applicable, except that the Monthly Base Rent for any such holdover period shall pay an amount (on a per month basis without reduction for partial months during the holdover) be equal to the greater of (ai) one hundred fifty percent (150%) (125% during the first three months of the holdover) of the Monthly Base Rent in effect under this Lease immediately preceding prior to such termination holdover, or (bii) the fair market then currently scheduled rental rate for comparable space in the Building, in either event prorated on a daily basis. Acceptance by Landlord of rent for after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises, as determined Premises upon the expiration of this Lease in good faith accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, plus Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, costs and expenses incurred by Landlord in each case, 100% returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant's failure to surrender the Premises. The provisions of all applicable Additional Rent. No holdover by Tenant this Subparagraph 11(b) will survive the expiration or payment by Tenant after the earlier termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

Holding Over. If Unless Landlord expressly consents in writing to Tenant's holding over, Tenant fails to surrender all or any part of the Premises at the termination of this Lease, occupancy of the Premises after termination shall be that unlawfully and illegally in possession of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by whether or not Landlord accepts any rent from Tenant or payment by any other person while Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of remains in possession of the Premises by summary proceedings or otherwisewithout Landlord's written consent. If Landlord is unable to deliver Tenant shall retain possession of the Premises to a new tenant or to perform improvements any portion thereof without Landlord's consent following the expiration of this Lease or sooner termination for a new tenant as a result of Tenant’s holdoverany reason, then Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered pay to Landlord at least thirty for each day of such retention two hundred percent (30200%) days the amount of daily rental as of the last month prior to the date of expiration or earlier termination. Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, including consequential and incidental damages and reasonable attorneys' fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises within thirty (30) days following the expiration or earlier termination of the TermTerm or extended Term of this Lease, to request in writing that including, without limitation, any claims made by the succeeding tenant founded on such delay. Acceptance of Rent by Landlord notify Tenant iffollowing expiration or earlier termination of this Lease, as or following demand by Landlord for possession of the date Premises, shall not constitute a renewal of this Lease, and nothing contained in this Paragraph 25 shall waive Landlord's right of reentry or any other right. Additionally, if upon expiration or earlier termination of this Lease, or following demand by Landlord for possession of the Premises, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such requestobligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord is then negotiating to complete such obligations shall be considered a period of holding over and the terms of a lease which will require this Paragraph 25 shall apply. The provisions of this Paragraph 25 shall survive any expiration or earlier termination of this Lease. If by written notice to Landlord delivered not later than twelve (12) months prior to have possession of the Premises as of Term Expiration Date, or the date of expiration of the extended Term (the "Hold-Over Notice"), Tenant advises Landlord of its intent to hold-over specifying the period of such hold-over (which period must be for a period of no longer than six (6) months) (the "Hold-Over Term") then Tenant may, as a matter of right, remain in possession following the Term Expiration Date or the expiration of the extended Term, as the case may be, for the Hold-Over Term set forth in the Hold-Over Notice; provided, that the Base Rent for the Hold-Over Term shall be one hundred fifty percent (150%) of the sum of the Base Rent and Landlord shall promptly respond to such request, informing Tenant (subject to other charges payable for the limitations last month of any confidentiality the Term or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in extended Term. In no event limit Tenant’s obligations under this Section 22 and the preceding sentence, shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at have the time Landlord delivers such notice right to Tenant, hold-over in the process Premises for more than one (1) six (6) month or shorter period beyond the Term Expiration Date or the expiration of negotiating such leasethe extended Term. NOTWITHSTANDING THE FOREGOING, the same shall not diminish Tenant’s rightsIN THE EVENT OF ANY SUCH HOLDING OVER, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiations.TENANT SHALL NOT HAVE ANY RIGHT TO EXERCISE (A) THE PHASE C PREMISES EXPANSION OPTION AS SET FORTH IN EXHIBIT H; (B) THE FIRST RIGHT TO PURCHASE THE PROJECT AS SET FORTH IN EXHIBIT I, OR (C) THE OPTION TO PURCHASE THE PROJECT AS SET FORTH IN EXHIBIT J.

Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that the Monthly Base Rent for the first three (3) months of any such holdover period shall be equal to one hundred twenty-five percent (125%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover and one hundred fifty percent (150%) of the Monthly Base Rent in affect under this Lease from and after such three (3) month period, prorated on a daily basis. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender all or any part of the Premises at 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 reasonable attorneys' fees and costs), including, without limitation, reasonable costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant's failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiations.

Holding Over. If Unless Landlord expressly consents in writing to Tenant's holding over, Tenant fails to surrender all shall be unlawfully and illegally in possession of the Premises, whether or not Landlord accepts any rent from Tenant or any part other person while Tenant remains in possession of the Premises at without Landlord's written consent. If Tenant shall retain possession of the Premises or any portion thereof without Landlord's consent following the expiration of this Lease or sooner termination for any reason, then Tenant shall pay to Landlord for each day of such retention 150% the amount of daily rental as of the last month prior to the date of --- expiration or earlier termination. Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, including consequential and incidental damages and reasonable attorneys fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by the succeeding tenant founded on such delay. Acceptance of Rent by Landlord following expiration or earlier termination of this Lease, occupancy or following demand by Landlord for possession of the Premises after termination Premises, shall be that of not constitute a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions renewal of this Lease, and Tenant nothing contained in this Paragraph 25 shall pay an amount (on a per month basis without reduction waive Landlord's right of reentry or any other right. Additionally, if upon expiration or earlier termination of this Lease, or following demand by Landlord for partial months during the holdover) equal to the greater possession of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as determined set forth in good faith this Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord, plus in each case, 100% Landlord to complete such obligations shall be considered a period of all applicable Additional Rentholding over and the terms of this Paragraph 25 shall apply. No holdover by Tenant The provisions of this Paragraph 25 shall survive any expiration or payment by Tenant after the earlier termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

Holding Over. If Tenant fails to surrender Provided that Landlord has not executed a lease with a new tenant for all or any part portion of the Premises, Tenant shall have the right, by providing at least ninety (90) days prior written notice to Landlord, to hold over for up to three (3) consecutive one (1) month periods following the expiration of the Lease. All of the rights and obligations of Landlord and Tenant herein shall remain the same during any such holdover period, except that the Basic Monthly Rental shall be equal to one hundred twenty-five percent (125%) of the Basic Monthly Rental that was in effect upon expiration of the Lease, and Landlord shall not be required to maintain or renew the environmental insurance policy described in Section 11.7 during any holdover period. If Landlord has executed a lease with a new tenant for all or a portion of the Premises, and Tenant does not immediately surrender possession of the Premises at the termination of this Lease, occupancy of the Premises after termination Tenant shall be that of become a tenancy tenant at sufferance. Tenant’s occupancy shall be sufferance only, subject to all of the terms and provisions of this Lease except that the rate of the Basic Monthly Rental shall be 150% the Basic Monthly Rental applicable just prior to termination of this Lease, and Tenant such rental to be payable in advance; but unless Landlord elects to accept such rental from Tenant, Landlord shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal continue to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed entitled to extend the Term or prevent Landlord from immediate recovery of re-take possession of the Premises by summary proceedings or otherwisewithout any prior notice to Tenant. If Landlord is unable Tenant shall fail to deliver surrender possession of the Premises to a new tenant or to perform improvements for a new tenant as a result immediately upon the expiration of Tenant’s holdoverthe Term, Tenant hereby agrees that all of the obligations of Tenant and all rights of Landlord applicable during the Term shall be equally applicable during such period of subsequent occupancy, whether or not a month-to-month tenancy shall have been created as provided in this paragraph. Tenant further agrees that it shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that damages suffered by Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date reason of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at failure to immediately surrender the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsPremises.

Holding Over. If Tenant fails to surrender all or any part of the Premises at the termination of this LeaseTenant, occupancy with ▇▇▇▇▇▇▇▇'s consent, remains in possession of the Premises after termination the Expiration Date, such possession by Tenant shall be deemed to be a month‑to‑month tenancy terminable on 30‑days' written notice given at any time by Landlord or Tenant. During any such month‑to‑month tenancy, or any other holdover tenancy which is without Landlord's consent, Tenant shall pay, as Basic Monthly Rent, (i) 103% of the Basic Monthly Rent in effect immediately prior to the Expiration Date for the first two (2) months of such holdover tenancy in the event that Tenant has provided Landlord with a minimum of a tenancy at sufferance. Tenant’s occupancy 9 months’ written notice of such intent (should Tenant fail to provide Landlord with such notice, Tenant shall be subject American Assets Trust – Lease Form 1/31/2023 required to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Basic Monthly Rent in effect immediately preceding such termination or (b) prior to the fair market rent for the PremisesExpiration Date), as determined in good faith by Landlord, plus in each case, 100and 150% of the Additional Rent in effect immediately prior to the Expiration Date; which rental amount Tenant acknowledges is fair and reasonable under all applicable Additional Rentof the facts and circumstances existing as of the date of this Lease. No holdover by Tenant or payment by Tenant after the termination All provisions of this Lease except for those pertaining to Term shall be construed apply to extend any such tenancy. If Tenant holds over after the Expiration Date without the express written consent of Landlord, Tenant shall become a tenant at sufferance only, at a rental rate equal to 150% of the Basic Monthly Rent and 150% of the Additional Rent in effect immediately prior to expiration of the Term (prorated on a daily basis), and otherwise subject to the terms, provisions, and conditions herein specified, so far as applicable. Acceptance by Landlord of rent after such expiration or prevent earlier termination shall not constitute consent to a holdover tenancy hereunder or result in a renewal. The foregoing provisions this Paragraph 23.2 are in addition to, and do not affect, Landlord's right of re-entry or any rights of Landlord from immediate recovery of possession of hereunder or as otherwise provided by Laws. Landlord expressly reserves the Premises by summary proceedings or otherwise. If Landlord is unable right to deliver require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this Paragraph 23.2 shall not be considered to limit or constitute a new tenant waiver of any other rights or remedies of Landlord provided in this Lease or at Laws or equity. In addition to perform improvements for a new tenant as a result of Tenant’s holdoverthe foregoing, if ▇▇▇▇▇▇ fails to surrender the Premises to Landlord on the Expiration Date in the condition required by Paragraph 23.1, above, Tenant shall be liable for any indemnify, defend, and hold harmless Landlord from and against all actions, demands, liabilities, damages, feeslosses, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the rightcosts, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Termexpenses, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Termattorneys’ fees and costs, and Landlord shall promptly respond to claims resulting from such requestfailure, informing Tenant (subject to the limitations of including, without limitation, any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such claim for damages made by a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationssucceeding tenant.

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

Holding Over. The Tenant shall have no right to remain in possession after the Termination Date. If the Tenant fails to surrender all or any part shall occupy the Demised Premises after the expiration of this Lease with the consent of the Premises Landlord (which consent shall be the obligation of Tenant to obtain in writing prior to the Termination Date and which consent Landlord shall be under no obligation to give), and rent is accepted and collected from said Tenant, such occupancy and payment shall be construed as an extension of this Lease for a term of month-to-month only, from the date of such expiration. In such event, if either Landlord or Tenant desires to terminate said occupancy at the end of any month after the termination of this Lease, the party so desiring to terminate the same shall give the other party thirty (30) days' written notice to that effect. If such occupancy continues after the aforesaid notice of termination, or if Tenant shall continue its occupancy after the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this LeaseTermination Date without obtaining Landlord's written consent, and Tenant shall pay an to Landlord, as partial damages, one and a half times the amount of both fixed annual rental (at the rate which was last in effect for the term) and all additional rent for the time, on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premisesdiem basis, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of retains possession of the Demised Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession any part thereof after termination of the Premises term, together with all costs, expenses and damages incurred by Landlord and its agents to a new tenant obtain possession from Tenant. Furthermore, if such occupancy continues after the aforesaid notice of termination, or to perform improvements for a new tenant as a result of Tenant’s holdoverif Tenant shall continue its occupancy after the Termination Date without obtaining Landlord's written consent, Tenant shall be liable to Landlord for any and all damages, fees, loss of rents and/or costs incurred liability sustained by Landlord or its agents in connection with any subsequent tenancy which may have intended to be incurred (including consequential damages) that Landlord suffers from occupy said Demised Premises at the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as term herein. The acceptance of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and rent and/or additional rent by Landlord shall promptly respond not be deemed to such request, informing Tenant (subject to the limitations of any confidentiality create a new or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsadditional tenancy other than aforesaid.

Holding Over. If Tenant fails to surrender all or any part of does not vacate the Premises at upon the expiration or earlier termination of this Lease, occupancy (a) Tenant will indemnify Landlord against all damages, costs, liabilities and expenses, including reasonable attorneys' fees, which Landlord incurs on account of Tenant's failure to vacate and (b) upon the Premises after expiration or earlier termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount the Base Rent will increase as follows: (on a per month basis without reduction for partial months during the holdoveri) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such during the last month of the Term, for the first two (2) months that Tenant has failed to vacate the Premises following the expiration or earlier termination or of this Lease, and (b) to 200% of the fair market rent Base Rent in effect for the last month of the Term from the third month that Tenant has failed to vacate the Premises following the expiration of earlier termination of the Lease until the date that Tenant vacates the Premises, as determined and, in good faith by Landlordboth cases, plus in each case, 100% of all applicable Tenant's obligation to pay Additional RentRent will continue. No Any holdover by Tenant does not constitute an extension of the Lease or payment recognition by Landlord of any right of Tenant after to remain in the termination of this Lease Premises. Base Rent during such holdover shall be construed to extend computed on a monthly basis and shall be payable on the Term or prevent Landlord from immediate recovery first day of possession such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises by summary proceedings or otherwisehave been vacated. If Landlord is unable Notwithstanding anything to deliver possession of the Premises to a new tenant or to perform improvements contrary in this Lease, under no circumstances shall Tenant be liable for a new tenant consequential damages hereunder as a result of Tenant’s any holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiations.

Holding Over. If Tenant fails will not be permitted to surrender all or any part of the Premises at the termination of this Lease, occupancy hold over possession of the Premises after the expiration or earlier termination shall be that of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance. Tenant’s sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms terms, convenants and provisions conditions of this Lease, and Tenant so far as applicable, except that the Monthly Base Rent for any such holdover period shall pay an amount (on a per month basis without reduction for partial months during the holdover) be equal to the greater of (ai) 150% two hundred percent (200%) of the Monthly Base Rent in effect under this Lease immediately preceding prior to such termination holdover, or (bii) the fair market then currently scheduled rental rate for comparable space in the Building, in either event prorated on a daily basis. Acceptance by Landlord of rent for after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises, as determined Premises upon the expiration of this Lease in good faith accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, plus Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, costs and expenses incurred by Landlord in each case, 100% returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant's failure to surrender the Premises. The provisions of all applicable Additional Rent. No holdover by Tenant this Subparagraph 11(b) will survive the expiration or payment by Tenant after the earlier termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

Holding Over. In the event of holding over by Tenant after the expiration or other termination of this Lease or in the event Tenant continues to occupy the Premises after the termination of Tenant's right of possession pursuant to Article 25 above, Tenant shall, throughout the entire holdover period, pay rent equal to twice the Base Rent and Additional Rent which would have been applicable had the term of this Lease continued through the period of such holding over by Tenant. If Tenant fails to surrender remains in possession of all or any part of the Premises at after the termination of this Lease, occupancy expiration of the Premises after termination shall be that Lease Term, with the express written extent of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of Landlord: (a) 150% of the Base Rent in effect immediately preceding such termination or tenancy will be deemed to be a periodic tenancy from month-to-month only; (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant such tenancy will not constitute a renewal or payment by Tenant after the termination extension of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any further term; and all damages, fees, and/or costs incurred or to (c) such tenancy may be incurred (including consequential damages) that terminated by Landlord suffers from upon the holdover. Tenant shall have the right, by written notice delivered to Landlord at least earlier of thirty (30) days prior written notice or the earliest date permitted by law. Such month-to-month tenancy will be subject to every other term, condition, and covenant contained in this Lease including the date of expiration Base Rent and Additional Rent provisions. Nothing contained in this Article 28 shall be construed as consent by Landlord to any holding over of the TermPremises by Tenant, and Landlord expressly reserves the right to request in writing that Landlord notify require Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have surrender possession of the Premises as of to Landlord upon the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions earlier termination of this sentence will in no event limit Tenant’s obligations under Lease. If Tenant fails to surrender the Premises upon the expiration or earlier termination of this Section 22 Lease despite demand to do so by Landlord, Tenant shall indemnify and shall be for informational purposes only. Tenant expressly acknowledges that even if hold Landlord is notharmless from all loss or liability, at the time Landlord delivers including, without limitation, any claim made by any succeeding tenant founded on or resulting from such notice failure to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationssurrender.

Holding Over. If In the event that Tenant fails to shall not immediately surrender all or any part of the Premises at to Landlord on the Expiration Date or earlier termination of this Lease, occupancy of the Premises after termination Tenant shall be that deemed to be a month to month tenant upon all of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant except the monthly Base Rent shall pay an amount (on a per month basis without reduction for partial months be 125% of the monthly Base Rent in effect during the holdover) equal to last month of the greater of (a) Term during the first month thereof and 150% of the monthly Base Rent in effect immediately preceding such termination or (b) during the fair market rent last month of the Term for any period thereafter. Notwithstanding the Premisesforegoing, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by if Tenant or payment by Tenant shall hold over after the Expiration Date or earlier termination of this Lease Lease, and Landlord shall be construed desire to extend the Term or prevent Landlord from immediate recovery of regain possession of the Premises immediately, then Landlord may forthwith re-enter and take possession of the Premises. Tenant shall indemnify Landlord against all liabilities and damages sustained by summary proceedings Landlord by reason of such retention of possession, provided Tenant will not be responsible for losses or otherwise. If claims suffered by Landlord is unable on account of any delay in delivery of the Premises or any part thereof to deliver a successor tenant unless either (i) Landlord notifies Tenant prior to the Lease expiration date that Landlord has entered into a Lease or letter of intent with a prospective replacement Tenant which requires Landlord to perform construction within the Premises, or otherwise tender possession thereof to a new tenant, promptly after the Lease expiration date, and Tenant still fails to surrender possession of the Premises on or before the Lease expiration date, or (ii) Tenant fails to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, vacate the Premises promptly after Landlord notifies Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have it requires possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond in order to such request, informing Tenant (subject deliver possession thereof to a replacement tenant to the limitations of extent such notice is given after the scheduled Lease expiration date or in connection with any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions other permitted termination of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsLease.

Holding Over. Subtenant shall have no right to holdover. If Tenant fails to Subtenant does not surrender all or any part of and vacate the Subleased Premises at the expiration or sooner termination of this LeaseSublease, occupancy of the Premises after termination Subtenant shall be that of a tenancy tenant at sufferance. Tenant’s occupancy sufferance and the reasonable rental value shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to Rent at the greater of (ai) 150% the monthly rate of [***] of the Base monthly Rent set forth in effect immediately preceding Section 3 (without taking into account any rent abatement then in effect), and (ii) all rent due under the Master Lease, and if the definition of Rent does not include additional rent or operating expenses and property taxes, then with any additional rent, operating expenses and property taxes due and payable during such termination or (b) holdover period of time; provided that if such holdover continues beyond the fair market term of the Master Lease then Rent shall equal any and all rent for due to Master Landlord from Sublandlord under the Premisesholdover provisions of the Master Lease during such holdover period of time. In connection with the foregoing, as determined in good faith by Landlord, plus in each case, 100% Sublandlord and Subtenant agree that the reasonable rental value of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination Premises following the Expiration Date of this Lease the Sublease shall be construed the amounts set forth above per month. Sublandlord and Subtenant acknowledge and agree that, under the circumstances existing as of the Effective Date, it is impracticable and/or extremely difficult to extend ascertain the Term or prevent Landlord from immediate recovery reasonable rental value of the Subleased Premises on the Expiration Date and that the reasonable rental value established herein is a reasonable estimate of the damage that Sublandlord would suffer as the result of the failure of Subtenant to timely surrender possession of the Subleased Premises. Notwithstanding the foregoing, and in addition to all other rights and remedies on the part of Sublandlord if Subtenant fails to surrender the Subleased Premises upon the termination or expiration of this Sublease, in addition to any other liabilities to Sublandlord accruing therefrom, Subtenant shall indemnify, defend and hold Sublandlord harmless from all Claims resulting from such failure, including, without limitation, any Claims by summary proceedings or otherwise. If Master Landlord is unable and/or any third parties based on such failure to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdoversurrender, Tenant provided, however, in no event shall Subtenant be liable for any and all damagesindirect, fees, and/or costs incurred consequential or to be incurred special damages (including consequential loss of business, loss of profit and similar damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice delivered to Landlord at least thirty (30) days prior Subtenant other than any such damages accruing to the date Master Landlord under the Master Lease on account of expiration of Subtenant’s holding over in the TermSubleased Premises. Notwithstanding the foregoing, to request if Subtenant agrees with Master Landlord in writing that Landlord notify Tenant ifto directly lease the Subleased Premises for a term commencing immediately following the Expiration Date, as of the date of such request, Landlord is then negotiating the terms of a lease which this Section 10.4 shall no longer be applicable and Subtenant will require Landlord not be required to have vacate and surrender possession of the Subleased Premises as of on the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or obligations hereunder in the event that Landlord subsequently commences any such negotiationsExpiration Date.