Common use of Holding Over Clause in Contracts

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred percent (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 Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Tenant shall have no right whatsoever to remain in possession of the Premises following the expiration or earlier termination of the Lease shall terminate without further Term, whether or not Landlord has given Tenant notice to vacate. If Tenant does not immediately surrender the Premises upon the expiration or earlier termination of the Lease Term, and any holding over by then 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, Landlord may, at its option, treat Tenant as become a tenant at sufferance onlysubject to immediate eviction by Landlord at any time, commencing on and the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice increased to an amount equal to the other party. Any hold-over by Tenant shall be subject to all greater of (x) 200% of the Annual Fixed Rent and Additional Rent calculated at the highest rate payable under the terms of this Lease, except that or (y) 150% of the monthly fair market rental value of the Premises. Such rent shall be one hundred percent (150%) computed on a monthly basis and shall be payable on the first day of such holdover period and the total monthly rental for first day of each calendar month thereafter during such holdover period until the month immediately preceding the date Premises have been vacated. Landlord’s acceptance of termination. The acceptance by Landlord of monthly hold-over rental in a lesser amount such rent shall not constitute a waiver of in any manner adversely affect Landlord’s other rights and remedies, including Landlord’s right to evict Tenant and to recover damages, and Tenant shall be liable for all loss, cost and damage incurred by Landlord resulting from Tenant’s failure and delay in surrendering the full amount due unless otherwise agreed Premises. All property which remains in writing by Landlord. If Tenant fails to surrender the Building or the Premises upon after the expiration or termination of this Lease despite demand shall be conclusively deemed to do so be abandoned and may either be retained by LandlordLandlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, Tenant shall indemnify then Landlord may receive the proceeds of such sale and hold Landlord harmless from all loss or liabilityapply the same, including without limitationat its option against the expenses of the sale, the cost of moving and storage, any claims made arrears of rent or other charges payable hereunder by Tenant to Landlord and any succeeding tenant relating damages to such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of which Landlord may be entitled under this Lease or and at lawlaw and in equity.

Holding Over. This 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 terminate without further 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 upon 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 holding over by Tenant after the expiration shall not constitute a renewal confidentiality 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 nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or earlier terminationhas completed) of such a lease; however, the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred percent (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 Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are sentence will in addition to and do not affect Landlordno event limit Tenant’s right of re-entry or any other rights of Landlord obligations under this Lease Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or at lawobligations hereunder in the event that Landlord subsequently commences any such negotiations.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the TermTerm without the prior written consent of Landlord, Landlord may, at its option, treat Tenant as such possession shall constitute a tenant tenancy at sufferance only, only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected Lease and neither party shall terminate this Lease without terminating thirty (30) days prior following delivery of written notice of termination by either Landlord or Tenant to the other partyother. Any hold-over by Tenant In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly rental Basic Rent shall be the greater of: (a) one hundred fifty percent (150%) of the total monthly rental 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 hold-over 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 failure to surrender, provided Landlord has given written notice to Tenant of such succeeding tenant. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the TermTerm without the prior written consent of Landlord, Landlord may, at its option, treat Tenant as such possession shall constitute a tenant 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. HoweverIn either of such events, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant possession shall be subject to all of the terms of this Lease, except that the monthly rental Basic Rent shall be one hundred twenty percent (150120%) of the total monthly rental Basic Rent for the month immediately preceding the date of termination. The acceptance termination for the initial two (2) months of holdover by Landlord Tenant and thereafter, the monthly Basic Rent for the third (3rd) and each successive month of monthly hold-over rental 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 a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due unless otherwise agreed in writing by LandlordBuilding or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite Landlord's written demand to do so by Landlord(which demand shall include notice to Tenant of a succeeding tenant and the need for Tenant's immediate surrender), then Tenant shall indemnify be liable for Landlord's foreseeable consequential and hold Landlord harmless from all loss or liabilityother damages (including, including without limitation, any claims made reasonable attorney's fees) proximately caused by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon If Tenant, or any assignee or subtenant of Tenant, holds over possession of the Premises beyond the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension earlier termination of this Lease, such holding over will not be deemed to extend the Term or give 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 any rights under this Lease, except when in writing signed by both parties. If Tenant or such assignee or subtenant holds over for any period after the expiration will be a liquidated sum equal to one-twelfth (or earlier termination1/12th) of two (2) times the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on Basic Rent and Additional Rent for the Lease Year preceding the Expiration Date for the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior of such holdover period, and thereafter, two (2) times such Basic Rent and Additional Rent. Tenant shall remain obligated to continue to pay Additional Rent during any holdover period. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant or any assignee or subtenant of Tenant to timely surrender possession of the Premises will exceed the amount of the monthly Basic Rent and Additional Rent and will be impossible to accurately measure. In connection with any holdover, in no event shall Tenant, or any assignee or subtenant, be liable for any consequential damages unless Landlord gives Tenant written notice that the Premises have been leased to another Tenant after the other partyTermination Date. Any hold-over by Tenant shall be subject to all of If the terms Premises are not surrendered upon the expiration or earlier termination of this Lease, except that the monthly rental shall be one hundred percent (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 Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify indemnify, defend and hold harmless Landlord harmless from against any and all loss or liabilitylosses and liabilities resulting therefrom, including including, without limitation, any claims made by any succeeding tenant relating founded upon such delay. Nothing contained in this Lease will be construed as a consent by Landlord to such failure 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 surrenderremove 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. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right Article 24 will survive the expiration or earlier termination of re-entry or any other rights of Landlord under this Lease or at lawLease.

Holding Over. This Lease shall terminate without further notice Sublandlord and Subtenant recognize and agree that the damage to Sublandlord resulting from any failure by Subtenant to timely surrender possession of the Premises upon the expiration 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, and any holding over by Tenant after the expiration Subtenant shall not constitute a renewal or extension be required to pay each month 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, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly such hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred fifty percent (150%) the Rent in effect during the last month of the total monthly rental for the month immediately preceding the date Term of terminationthis Lease. The acceptance by Landlord In addition to any other rights and remedies Sublandlord may have hereunder or at law, Subtenant agrees that if possession 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 Tenant fails to surrender the Premises upon is not surrendered to Sublandlord in the expiration 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 this each month during which Subtenant holds over in the Premises after the Prime Lease despite demand Expiration Date Sublandlord’s holdover damages under the Prime Lease with respect to do so by Landlord, Tenant shall the Prime Lease Premises. Subtenant agrees to indemnify and hold Landlord save Sublandlord harmless from and against any and all loss loss, cost, expense or liabilityliability resulting from a third party claim arising from the failure of, including 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 relating founded on such failure. Nothing herein contained shall be deemed to such failure permit Subtenant to surrender. The foregoing retain possession of the Premises after the expiration or earlier termination date of the Term, and no acceptance by Sublandlord of payments from Subtenant shall be deemed to be other than on account of the amount to be paid by Subtenant in accordance with the provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawParagraph 19, which provisions shall survive the Expiration Date.

Holding Over. This Lease shall terminate without further notice upon If 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 after the expiration of the TermSublease Term or earlier termination of this Sublease, such holding over, in the absence of an express written agreement to the contrary, shall be on the basis of a tenancy at the sufferance of Sublandlord. 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 terminable by Sublandlord at any holding time and rent shall be paid for each month (or portion thereof) during which Subtenant holds over by Tenant in the Subleased Premises after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. HoweverSublease, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice in an amount equal to the other party. Any hold-over by Tenant shall be subject to all 200% of the terms 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 Sublease Term continued through the period of this Lease, except that the monthly rental shall be one hundred percent (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 Landlordsuch holding over. If Tenant Subtenant fails to surrender the Subleased Premises upon on the expiration of this Lease despite demand Sublease, in addition to do so by Landlordany other liabilities to Sublandlord accruing therefrom, Tenant Subtenant shall indemnify and hold Landlord Sublandlord harmless from all loss or liabilityliability resulting from such failure, including without limitationlimitation (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 relating to or other party based upon such failure to surrenderfailure. This indemnification obligation shall survive the expiration or earlier termination of this Sublease. The foregoing provisions of this Section paragraph are in addition to and do not affect Landlordlimit Sublandlord’s right of re-entry rights or any other rights of Landlord Subtenant’s obligations under this Lease or at lawSublease.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the TermTerm without the prior written consent of Landlord, Landlord may, at its option, treat Tenant as such possession shall constitute a tenant tenancy at sufferance only, only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected Lease and neither party shall terminate this Lease without terminating thirty (30) days prior following delivery of written notice of termination by either Landlord or Tenant to the other partyother. Any hold-over by Tenant In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly rental Basic Rent shall be one hundred fifty percent (150%) of the total monthly rental greater of (a) the Basic Rent for the month immediately preceding the date of terminationtermination or (b) the then currently scheduled Basic Rent for comparable space in the Project. The acceptance by Landlord of monthly hold-over 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 failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant remains in possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this LeaseLease with Landlord’s express consent, or give Tenant’s occupancy shall be a month to month tenancy at a rent agreed upon by Landlord and Tenant any rights but, in no event less than the Monthly Basic Rent payable under this Lease, 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 when as provided in writing signed by both partiesthe preceding sentence and the Lease clauses concerning extension rights. If Tenant holds over for any period after the expiration (or earlier termination) termination of the TermTerm hereof without the express written consent of Landlord, Landlord may, at its option, treat Tenant as shall become a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then at a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice rental rate equal to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred fifty percent (150%) of the total monthly rental for Monthly Basic Rent which would be applicable to the month immediately preceding Premises upon the date of terminationexpiration of the Term (prorated on a daily basis), and otherwise subject to 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 Paragraphs 5 and 6.2. The acceptance Acceptance by Landlord of monthly hold-over rental in a lesser amount rent after such expiration or earlier termination shall not constitute a waiver of Landlord’s right consent to recover the full amount due unless otherwise agreed a holdover hereunder or result in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrendera renewal. The foregoing provisions of this Section Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this Paragraph 11 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this Paragraph 11 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law; provided, however, that Landlord shall not be entitled to consequential damages except as expressly provided in this Paragraph 11.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and (a) Upon 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, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. HoweverSublease for any reason except for a breach by Exult, should Landlord accept the payment of monthly hold-over rent by Tenantsubject to Section 4(b), then a month-to-month tenancy Exult shall be deemed effected and neither party 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 terminate this Lease without thirty (30) days prior written the holdover term, plus the period of time from the notice date to the other partytermination date, exceed 365 days. Any hold-over by Tenant Exult's tenancy during any such holdover period shall be subject pursuant to all of the terms and conditions of this LeaseSublease, except that the monthly rental rent for the holdover period shall be one hundred percent (150%) 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 total monthly rental holdover term. (i) Notwithstanding Section 4(a), 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 received Adequate Prime Lease Termination Notice (as defined below), then Exult will be responsible for all holdover costs under the Prime Lease, including Exult paying 150% of the rent for the month immediately preceding entire 217,743 square feet of the date 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 termination. The acceptance Exult's holding over in the Premises, including payment of 150% of the rent for the entire 217,743 square feet of the Building, for the Residual Notice Period (as defined below) will be borne by Landlord of monthly hold-over rental in a lesser amount shall not constitute a waiver of Landlord’s right IP, provided that Exult will continue to recover meet its rent and other payment obligations under this Sublease during the full amount due unless otherwise agreed in writing by LandlordResidual Notice Period. If Tenant fails to surrender this Section 4(b)(ii) applies but Exult holds over beyond the Premises upon Residual Notice Period, then Exult will be responsible for all holdover costs under the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liabilityPrime Lease, including without limitationExult paying 150% of the rent for the entire 217,743 square feet of the Building, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions for the period after the Residual Notice Period in compliance with the Prime Lease. (iii) For purposes of this Section are 4(b), (A) "Adequate Prime Lease Termination Notice" means that IP has informed Exult in addition to writing at least 365 days before the Prime Lease Expiration Date; and do not affect Landlord’s right (B) the "Residual Notice Period" means the number of re-entry or any other rights days, if any, calculated as the difference between 365 and the number of Landlord under this days from the date IP informs Exult in writing of the Prime Lease or at lawTermination Date until the Prime Lease Termination Date has occurred and IP has vacated the Building in compliance with the Prime Lease.

Holding Over. This Lease shall terminate without further notice upon If Tenant, or any assignee or subtenant of Tenant, holds over possession of the Premises beyond the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension earlier termination of this Lease, such holding over will not be deemed to extend the Term or give Tenant any rights under renew this LeaseLease but such holding over will continue upon the terms, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination covenants and conditions of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred percent (150%) charge for use and occupancy of the total monthly rental 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 date expiration or earlier termination of terminationthis 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 acceptance parties recognize and agree that the damage to Landlord resulting from any failure by Landlord Tenant or any assignee or subtenant of Tenant to timely surrender possession of the Premises will exceed the amount of the monthly hold-over rental in a lesser amount shall not constitute a waiver of Landlord’s right Basic Rent and Additional Rent and will be impossible to recover the full amount due unless otherwise agreed in writing by Landlordaccurately measure. If Tenant fails to surrender the Premises are not surrendered upon the expiration or earlier termination of this Lease despite demand to do so by LandlordLease, Tenant shall indemnify indemnify, defend and hold harmless Landlord harmless from against any and all loss or liabilitylosses and liabilities resulting therefrom, including including, without limitation, any claims made by any succeeding tenant relating founded upon such delay. Nothing contained in this Lease will be construed as a consent by Landlord to such failure 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 surrenderremove 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. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right Article 24 will survive the expiration or earlier termination of re-entry or any other rights of Landlord under this Lease or at lawLease.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the TermTerm without the prior written consent of Landlord, Landlord may, at its option, treat Tenant as such possession shall constitute a tenant tenancy at sufferance only, only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected Lease and neither party shall terminate this Lease without terminating thirty (30) days prior following delivery of written notice of termination by either Landlord or Tenant to the other party. Any hold-over by Tenant In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly rental Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the total monthly rental Basic Rent for the month immediately preceding the date of termination. The acceptance by Landlord of monthly hold-over termination or (b) the fair market rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover for the full amount due unless otherwise agreed in writing by LandlordPremises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration Tenant will not be permitted to hold over possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this Leasethe Term without the express written consent of Landlord, or give Tenant any rights under this Lease, except when which consent Landlord may withhold in writing signed by both partiesits sole and absolute discretion. If Tenant holds over for any period after the expiration (or earlier termination) termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over such continued occupancy by Tenant shall be subject to all of the terms terms, covenants and conditions of this Lease, so far as applicable, except that the monthly rental Monthly Base Rent for any such holdover period shall be equal to one hundred fifty percent (150%) of the total monthly rental for the month Monthly Base Rent in effect under this Lease immediately preceding the date of terminationprior to such holdover, prorated on a daily basis. The acceptance Acceptance by Landlord of monthly hold-over rental rent after such expiration or earlier termination will not result in a lesser amount shall renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not constitute a waiver affect Landlord's right of Landlord’s right to recover the full amount due unless re-entry or any rights of Landlord under this Lease or as otherwise agreed in writing provided by Landlordlaw. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant shall indemnify agrees to promptly indemnify, protect, defend and hold Landlord harmless from all loss or liabilityclaims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, any costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant relating to such founded on or resulting from Tenant's failure to surrendersurrender the Premises. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right Subparagraph 11(b) will survive the expiration or earlier termination of re-entry or any other rights of Landlord under this Lease or at lawLease.

Holding Over. This Lease shall terminate without further notice upon If, with the prior written consent of Landlord, Tenant holds possession of the Premises after expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as become a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-from month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to month upon all of the terms specified in this Lease as applicable immediately prior to expiration of this Leasesuch Term, except that the monthly rental Minimum Rent shall be one hundred and fifty percent (150%) of the total monthly rental for the month that applicable immediately preceding the date prior to expiration 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 Landlordsuch Term. If Tenant fails to surrender holds over in the Premises upon 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 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 expiration of this Lease despite demand to do so by Landlordsuch tenancy, Tenant agrees that it shall indemnify be liable to Landlord for all actual and hold Landlord harmless consequential damages resulting from all loss or liabilityTenant's failure to so vacate. These damages may include, including without limitation, any claims made the cost of unlawful detainer proceedings instituted by any succeeding Landlord against Tenant, including court costs and attorneys' fees and costs, increased construction costs to Landlord as a result of Landlord's inability to timely commence construction of tenant relating improvements for a new tenant for the Premises, and lost rent that results from Landlord's inability to timely deliver the Premises to such failure to surrendernew tenant. The foregoing provisions This clause shall survive the expiration or earlier termination of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawLease.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the TermTerm without the prior written consent of Landlord, Landlord may, at its option, treat Tenant as such possession shall constitute a tenant tenancy at sufferance only, only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected Lease and neither party shall terminate this Lease without terminating thirty (30) days prior following delivery of written notice of termination by either Landlord or Tenant to the other party. Any hold-over by Tenant In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly rental Basic Rent shall be one hundred fifty percent (150%) of the total monthly rental Basic Rent for the month immediately preceding the date of termination. The acceptance , which amount shall be subject to increase by Landlord of monthly hold-over rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover during the full amount due unless otherwise agreed in writing by holdover period upon thirty (30) days written notice from Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any 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 TermTerm without the prior written consent of Landlord, Landlord may, at its option, treat Tenant as such possession shall constitute a tenant 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. HoweverIn either of such events, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant possession shall be subject to all of the terms of this Lease, except that the monthly rental Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (150125%) of the total monthly rental Basic Rent for the month immediately preceding the date of termination. The acceptance by Landlord , 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 hold-over rental 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 a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due unless otherwise agreed in writing by LandlordBuilding or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration Tenant will not be permitted to hold over possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this Leasethe Term without the express written consent of Landlord, or give Tenant any rights under this Lease, except when which consent Landlord may withhold in writing signed by both partiesits sole and absolute discretion. If Tenant holds over for any period after the expiration (or earlier termination) termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over such continued occupancy by Tenant shall be subject to all of the terms terms, covenants and conditions of this Lease, so far as applicable, except that the monthly rental Monthly Base Rent for any such holdover period shall be equal to the greater of (i) one hundred twenty-five percent (150125%) of the total monthly Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then currently scheduled rental rate for comparable space in the month immediately preceding the date of terminationBuilding, in either event prorated on a daily basis. The acceptance Acceptance by Landlord of monthly hold-over rental rent after such expiration or earlier termination will not result 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 Tenant fails to surrender the Premises upon the expiration renewal 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 surrenderLease. The foregoing provisions of this Section Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys’ fees and costs), including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant’s failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. This Lease shall terminate without further notice upon If Tenant holds over after the expiration of the TermLease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be a tenancy at sufferance, and any holding over by Tenant after the expiration shall not constitute a renewal hereof or an extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Termfurther term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy and in such case Base Rent shall be deemed effected and neither party shall terminate this Lease without thirty payable for the initial one (301) days prior written notice month of such holdover tenancy at a monthly rate equal to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred fifty percent (150%) of the total monthly Base Rent applicable during the last rental period of the Lease Term under this Lease, and if Tenant continues to hold over with or without the express or implied consent of Landlord, Base Rent for the second month immediately preceding of such holdover tenancy shall be payable at a monthly rate equal to one hundred seventy five percent (175%) of the date Base Rent applicable during the last rental period of terminationthe 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 acceptance by Landlord provisions of monthly hold-over rental in a lesser amount this Article 16 shall not be deemed to limit or constitute a waiver of Landlord’s right to recover the full amount due unless otherwise agreed in writing by Landlordany other rights or remedies of Landlord provided herein or at Law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease despite demand Lease, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, any claims made by any succeeding tenant relating to founded upon such failure to surrender. The foregoing provisions of this Section are in addition surrender and any consequential damages, including lost profits to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawresulting therefrom.

Holding Over. This Lease shall terminate without further notice upon the expiration 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 Expiration Date (or earlier termination) termination of the Term), Landlord may, at its option, treat Tenant as such tenancy shall constitute a tenant tenancy at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected only and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant possession shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred percent (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 Tenant Xxxxxx fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section 15.1 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law. 15.2. SURRENDER OF PREMISES; REMOVAL OF PROPERTY. Upon the Expiration Date or upon any earlier termination of this Lease, Tenant shall quit and surrender possession of the Premises to Landlord in as good order, condition and repair as when received or as hereafter may be improved by Landlord or Tenant, reasonable wear and tear and repairs which are Landlord’s obligation excepted, and shall remove or fund to Landlord the cost of removing all wallpapering, voice and/or data transmission cabling installed by or for Tenant and Required Removables, together with all personal property and debris, and shall perform all work required under Section 7.3 of this Lease. If Tenant shall fail to comply with the provisions of this Section 15.2, and remove any personal property within 10 days following the expiration or earlier termination of this Lease, such personal property shall be conclusively deemed to have been abandoned, then Landlord may effect the removal and/or make any repairs, without notice and without incurring any liability to Tenant, and the cost to Landlord shall be additional rent payable by Tenant upon demand. Tenant hereby waives all rights under and benefits of Section 1993.03 of the California Civil Code, or any similar or successor laws now or hereafter in effect and authorizes Landlord to dispose of any personal property remaining at the Premises following the expiration or earlier termination of this Lease without further notice to Tenant.

Holding Over. This If Lessee, or any assignee or sublessee of Lessee, holds over possession of the Premises beyond the Termination Date, such holding over shall not be deemed to extend the Term or renew this Lease but such holding over shall terminate without further notice continue upon the expiration terms, covenants and conditions of this Lease except that Lessee agrees that the charge for use and occupancy of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal Premises for each calendar month or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant portion thereof that Lessee holds over for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental even if such part shall be one hundred percent day) shall be a liquidated sum equal to one-twelfth (150%1/12th) of 1.5 times the total monthly rental for Basic Rent and Additional Rent required to be paid by Lessee during the month immediately calendar year preceding the date of terminationTermination Date. The acceptance parties recognize and agree that the damage to Lessor resulting from any failure by Landlord Lessee to timely surrender possession of the Premises will be extremely substantial, will exceed the amount of the monthly hold-over rental in a lesser amount shall not constitute a waiver of Landlord’s right Basic Rent and Additional Rent payable hereunder and will be impossible to recover the full amount due unless otherwise agreed in writing by Landlordaccurately measure. If Tenant fails to surrender the Premises are not surrendered upon the expiration of this Lease despite demand to do so by LandlordTermination Date, Tenant Lessee shall indemnify indemnify, defend and hold Landlord harmless from Lessor against any and all loss or liabilitylosses and liabilities resulting therefrom, including including, without limitation, any claims made by any succeeding tenant founded upon such delay, so long as Lessor has notified Lessee that Lessor has executed a lease or other occupancy agreement for all or any portion of the Premises. Nothing contained in this Lease shall be construed as a consent by Lessor to the occupancy or possession by Lessee of the Premises 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 may be hereafter enacted relating to such failure the immediate repossession of the Premises. Lessee shall, at its sole cost and expense, take all actions required to surrenderremove any assignee or sublessee of Lessee, or other party claiming rights to the Premises under or through Lessee upon the expiration or earlier termination of the Term. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawArticle shall survive the Termination Date.

Holding Over. This Lease shall terminate without further notice upon Xxxxxx acknowledges that possession of the Land and Improvements must be surrendered to Landlord at the expiration or sooner termination of the Term, . Xxxxxx agrees to indemnify Landlord against 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, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred percent (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 Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold save Landlord harmless from all costs, claims, loss or liabilityliability resulting from the failure or delay by Xxxxxx in so surrendering the Land and Improvements, including including, without limitation, any claims made by any succeeding tenant relating to founded on such failure to surrenderor delay. The foregoing provisions parties recognize and agree that the damage to Landlord resulting from any failure by Xxxxxx to surrender possession of this Section are the 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 the Term, then Tenant shall pay 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 and do not affect Landlord’s right of re-entry or any other rights of Landlord sums payable pursuant to the foregoing indemnity, a sum equal to two (2) times the Percentage Rent which was payable under this Lease with respect to the last month of the Term in which the Hotel was operated at normal capacity. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Land and/or Improvements after the expiration or sooner termination of the Term. If Tenant holds over in possession after the expiration or termination of the Term, such holding over shall not be deemed to extend the Term or renew this Lease, but the tenancy shall be from month to month upon the terms and conditions of this Lease at lawthe Percentage Rent and additional Rent as herein increased. This provision shall survive the expiration or earlier termination of this Lease.

Holding Over. This Lease shall terminate without further notice upon In the expiration event Tenant or any party under Tenant claiming rights to this Lease, retains possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this Lease, or give Tenant any rights under this Leasesuch possession shall constitute and be construed as a tenancy at will only, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) subject, however, to all of the Termterms, Landlord mayprovisions, at its option, treat Tenant as a tenant at sufferance only, commencing covenants and agreements on the first (1st) day following the termination part of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant hereunder; such parties shall be subject to immediate eviction and removal and Tenant or any such party shall pay Landlord as rent for the period of such holdover an amount equal to one and one-half (1.5) times the Basic Annual Rent in effect immediately preceding expiration or termination, as 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 accordance with the terms provisions of Article 2. Tenant will vacate the Premises and deliver same to Landlord immediately upon Tenant's receipt of notice from Landlord to so vacate. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend the term of this Lease, except that the monthly rental shall be one hundred percent (150%) ; no payments of the total monthly rental for the month immediately preceding the date of termination. The acceptance money by Tenant to 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 Tenant fails to surrender the Premises upon after the expiration or earlier termination of this Lease despite demand shall reinstate, continue or extend the term of this Lease; and no extension of this Lease after the expiration or earlier termination thereof shall be valid unless and until the same shall be reduced to do so writing and signed by both Landlord and Tenant. If Landlord elects to cause Tenant to be ejected from the Premises through judicial process, and without in any way limiting Landlord's rights under subsection 1.302 above, Tenant agrees that Landlord will not be required to deliver Tenant more than one (1) days' notice to vacate prior to Landlord's filing of a forcible detainer suit. In addition, Tenant agrees that Landlord shall be entitled to the payment of its reasonable legal fees and administrative expenses in the event that Landlord prevails in a forcible detainer action brought 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 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon at the expiration of the Term, and any . Any holding over by Tenant after expiration of the expiration Term shall not constitute a renewal or extension of this Lease, the Lease or give Tenant any rights under in or to the Premises except as expressly provided in this Lease, . Any holding over after such expiration with the written consent of Landlord and Master Landlord shall be construed to be a tenancy from month to month on the same terms and conditions herein specified insofar as applicable except when in writing signed by both partiesthat rent payable hereunder shall be increased to an amount equal to 150% of the monthly rent payable during the last full calendar month of the Term. If Tenant holds over for any period after the expiration (or earlier termination) termination of the TermLease term without the written consent of Landlord and Master Landlord, Landlord may, at its option, treat Tenant as shall become a tenant at sufferance only, commencing on at a rental rate equal to 175% of the first (1st) day following monthly rent payable during the termination last full calendar month of the Term, and otherwise upon the terms, covenants and conditions of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred percent (150%) of the total monthly rental for the month immediately preceding the date of termination. The acceptance Acceptance by Landlord of monthly hold-over rental in a lesser amount rent after such expiration or earlier termination shall not constitute a waiver consent to a holdover hereunder or result in a renewal. The provisions of this SECTION 28 are in addition to and do not affect Landlord’s 's or Master Landlord's right to recover of reentry or any other rights of Landlord hereunder or of Master Landlord under the full amount due unless Master Lease or as otherwise agreed in writing provided by Landlordlaw. If Tenant fails to surrender the Premises upon the expiration termination of this Lease despite demand to do so by LandlordLease, Tenant shall indemnify and hold Landlord and Master Landlord harmless from all any loss or liabilityliability resulting from such failure to surrender, including including, without limitation, any claims made by any succeeding tenant relating to arising out of such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawfailure.

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant fails to deliver possession of the TermPremises on the Termination Date, and any holding but holds over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. HoweverLease without the express prior written consent of Landlord, should Landlord accept the payment of monthly hold-over rent by Tenant, then such tenancy shall be construed as a tenancy from month-to-month tenancy shall be deemed effected on the same terms and neither party shall terminate this Lease without conditions as are contained herein except that the Fixed Monthly Rent payable by Tenant during the first thirty (30) days of holding over (the “Initial Holdover Period”) 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 written notice to the other partydate when Tenant commences such holding over (the “Holdover Rent”). Any hold-over by Tenant After the expiration of the Initial Holdover Period, the Holdover Rent shall be subject increased to all of the terms of this Lease, except that the monthly rental shall be one hundred fifty percent (150%) of the total monthly rental Fixed Monthly Rent payable by Tenant for the calendar month immediately preceding prior to the date when Tenant commenced such holding over. During any period of terminationholding over Tenant shall be obligated to pay Holdover Rent for a full calendar month whether or not Tenant remains in possession of the Premises for the entire calendar month and there shall be no pro-rata apportionment of Holdover Rent. The Tenant’s payment of such Holdover Rent, and Landlord’s acceptance by Landlord of monthly hold-over rental in a lesser amount thereof, shall not constitute a waiver by Landlord of any of Landlord’s right rights or remedies with respect to recover such holding over, nor shall it be deemed to be a consent by Landlord to Tenant’s continued occupancy or possession of the full amount due unless otherwise agreed in writing Premises past the time period covered by LandlordTenant’s payment of the Holdover Rent. If Furthermore, if Tenant fails to surrender deliver possession of the Premises to Landlord upon the expiration or earlier termination of this Lease despite demand Lease, and Landlord has provided Tenant with not less than sixty (60) days prior written notice that Landlord requires possession of the Premises for a succeeding tenant, then, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityloss, costs (including reasonable attorneys’ fees and expenses) and liability resulting from such failure, including without limitationlimiting the foregoing, any claims made by any succeeding tenant relating to such arising out of Tenant’s failure to so surrender, and any lost profits to Landlord resulting therefrom. The foregoing Notwithstanding the provisions contained hereinabove regarding Tenant’s liability for a continuing holdover, Landlord agrees to use commercially reasonable efforts to insert into any future lease of this another tenant proposing to occupy the Premises provisions similar to those contained in Section are in addition to and do not affect Landlord2.1, permitting mitigation of Tenant’s right damages arising out of re-entry or any other rights of Landlord under this Lease or at lawTenant’s temporary holdover.

Holding Over. This Lease Tenant shall terminate without further notice upon have no right to remain in possession after the Termination Date. If Tenant shall occupy the Demised Premises after the expiration of this Lease with the Termconsent of Mortgagee (which consent shall be the obligation of Tenant to obtain in writing prior to the Termination Date and which consent Mortgagee shall be under no obligation to give), and any holding over by Tenant after the expiration rent is accepted and collected from said Tenant, such occupancy and payment shall not constitute a renewal or be construed as an extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over Lease for any period after the expiration (or earlier termination) a term of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance month-to-month only, commencing on from the first (1st) day following date of such expiration. In such event, if either Mortgagee or Tenant desires to terminate said occupancy at the end of any month after the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy party so desiring to terminate the same shall be deemed effected and neither give the other party shall terminate this Lease without thirty (30) days prior days' written notice to that effect. If such occupancy continues after the other partyaforesaid notice of termination, or if Tenant shall continue its occupancy after the Termination Date without obtaining Mortgagee's written consent, Tenant shall pay to Mortgagee, as partial damages, double the amount of both fixed annual rent (at the rate which was last in effect for the Term) and all additional rent for the time, on a per diem basis, Tenant retains possession of the Demised Premises or any part thereof, after termination of the Term, together with all costs, expenses and damages incurred by Mortgagee and its agents to obtain possession from Tenant. Any hold-over by Furthermore, if such occupancy continues after the aforesaid notice of termination, or if Tenant shall continue its occupancy after the Termination Date without obtaining Mortgagee's written consent, Tenant shall be subject liable to all Mortgagee for any loss of rents and/or liability sustained by Mortgagee or its agents in connection with any subsequent tenancy which may have intended to occupy said Demised Premises at the expiration of the terms of this Lease, except that the monthly rental shall be one hundred percent (150%) of the total monthly rental for the month immediately preceding the date of terminationTerm herein. The acceptance of rent and/or additional rent by Landlord of monthly hold-over rental in a lesser amount Mortgagee shall not constitute be deemed to create a waiver of Landlord’s right to recover the full amount due 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 new or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any additional tenancy other rights of Landlord under this Lease or at lawthan aforesaid.

Holding Over. This Lease shall terminate without further notice upon If Sublessee or any party claiming by, through or under Sublessee holds over in the Subleased Premises after expiration or termination of the TermSublease Term (whether for all or a portion of the Subleased Premises), and any such holding over by Tenant after or possession shall, at the expiration shall not option of Sublessor, constitute a renewal or extension of this Leasemonth to month tenancy, 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, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms and provisions of this LeaseSublease, except that the monthly rental shall be one hundred percent (150%) and Sublessor may exercise any and all remedies available to it at law or in equity to recover possession of the total monthly rental Subleased Premises. Notwithstanding the foregoing, if Sublessee fails to vacate by the scheduled expiration date, Sublessor may recover damages, including, without limitation, all amounts payable by Sublessor as a result of any holding over, including, without limitation, consequential damages. For any period that Sublessee or any party claiming by, through or under Sublessee remains in the occupancy of the Subleased Premises after the expiration or termination of the Sublease Term, such occupancy shall at Sublessor’s option be construed as a tenancy-at-will at a Base Monthly Rent equal to 100% of the Rent and other sums payable 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 prior to recover the full amount due unless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the 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 claims made by any succeeding tenant relating to such failure to surrenderSublease. The foregoing provisions shall not be construed as Sublessor’s consent for Sublessee to hold over and the acceptance by Sublessor of this Section are any lesser sum shall be construed as payment on account and not in addition to and do not affect Landlord’s right satisfaction of re-entry or any other rights of Landlord under this Lease or at lawdamages for such holding over.

Holding Over. This Lease The Tenant shall terminate without further notice upon have no right to remain in possession after the Termination Date. If the Tenant shall occupy the Demised Premises after the expiration of this Lease with the Termconsent of the 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 any holding over by Tenant after the expiration rent is accepted and collected from said Tenant, such occupancy and payment shall not constitute a renewal or be construed as an extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over Lease for any period after the expiration (or earlier termination) a term of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance month-to-month only, commencing on from the first (1st) day following 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. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy party so desiring to terminate the same shall be deemed effected and neither give the other party shall terminate this Lease without thirty (30) days prior days' written notice to that effect. If such occupancy continues after the other partyaforesaid notice of termination, or if Tenant shall continue its occupancy after the Termination Date without obtaining Landlord's written consent, Tenant shall pay 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 diem basis, Tenant retains possession of the Demised Premises or any part thereof after termination of the term, together with all costs, expenses and damages incurred by Landlord and its agents to obtain possession from Tenant. Any hold-over by Furthermore, if such occupancy continues after the aforesaid notice of termination, or if Tenant shall continue its occupancy after the Termination Date without obtaining Landlord's written consent, Tenant shall be subject liable to all Landlord for any loss of rents and/or liability sustained by Landlord or its agents in connection with any subsequent tenancy which may have intended to occupy said Demised Premises at the expiration of the terms of this Lease, except that the monthly rental shall be one hundred percent (150%) of the total monthly rental for the month immediately preceding the date of terminationterm herein. The acceptance of rent and/or additional rent by Landlord of monthly hold-over rental in a lesser amount shall not constitute be deemed to create a waiver of Landlord’s right to recover the full amount due 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 new or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any additional tenancy other rights of Landlord under this Lease or at lawthan aforesaid.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding If Landlord agrees in writing that you may hold over by Tenant after the expiration shall not constitute a renewal or extension termination of this Lease, or give Tenant any rights under this Lease, except when unless the parties hereto otherwise agree in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following terms of such holding over, the termination of this Lease. However, should Landlord accept the payment of monthly hold-hold over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without subject to termination by Landlord at any time upon not less than thirty (30) days prior advance written notice to the other party. Any hold-over notice, or by Tenant shall be subject to you at any time upon not less than thirty (30) days advance written notice, and all of the other terms and provisions of this LeaseLease shall be applicable during that period, except that the monthly rental you shall be one hundred percent (150%) of the total monthly pay Landlord from time to time upon demand, as rental for the month period of any hold over, an amount equal to the Holdover Rent, computed on a daily basis for each day of the hold over period. If Landlord does not consent to your holdover, then you shall also pay to Landlord all actual damages sustained by Landlord resulting from retention of possession by you, including the loss of any proposed subsequent tenant for any portion of the Premises provided that Landlord has provided you with advance written notice of the existence of such subsequent tenant. No holding over by you, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided. The preceding provisions of this paragraph shall not be construed as consent for you to hold over. Notwithstanding the preceding, if you fail to exercise an option to extend granted under Section 4.03, then in such event Landlord grants to you the right to holdover and Landlord consents to such holdover for up to nine months, such right to be exercised by providing Landlord with written notification of your intention to holdover pursuant to this Section, which notification must specify the holdover period (up to nine months) and which notification must be received by Landlord no later than the three hundred and sixty fourth day immediately preceding the date last day of terminationthe expiring term, time being of the essence. The acceptance by Landlord of monthly hold-over rental Failure to provide the required notification within the time specified will result in a lesser amount shall not constitute a waiver lapse of Landlord’s right to recover the full amount due unless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawright.

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant retains possession of the Term, and any holding over by Tenant Leased Premises after the expiration or earlier termination of this Lease without Landlord’s permission, then Tenant shall be a tenant at sufferance at a rental rate equal to one hundred fifty percent (150%) the Monthly Rental Installments for the Leased Premises in effect upon the date of such expiration or earlier termination and otherwise upon the terms, covenants and conditions herein specified, so far as applicable. Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute result in a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both partiesnor shall such acceptance create a month-to-month tenancy. If Tenant holds over for any period after In the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then event a month-to-month tenancy shall be deemed effected and neither is created by operation of law, either party shall have the right to terminate this Lease without such month-to-month tenancy upon thirty (30) days days’ prior written notice to the other partyother, whether or not said notice is given on the rent paying date. Any hold-over by Notwithstanding the foregoing, in the event Tenant provides Landlord with at least six (6) months’ prior written notice of its intent to holdover possession (a “Holdover Notice”), then Tenant shall be subject have the right to holdover beyond the expiration of the Lease Term as to all of the terms of this LeaseLeased Premises for a period not to exceed three (3) months, except as identified in the Holdover Notice; provided, however, that Tenant shall have no such right if, at the monthly rental shall be one hundred percent (150%) time of the total monthly rental delivery of the Holdover Notice, Landlord has entered into a lease with a replacement tenant for the month immediately preceding Leased Premises and requires immediate possession of 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 Tenant fails to surrender the Leased Premises upon the expiration of the Lease Term in order to deliver possession thereof to the replacement tenant in accordance with the terms of its lease, or has executed a term sheet or letter of intent for the leasing of the Leased Premises to a replacement tenant and requires immediate possession of the Leased Premises upon the expiration of the Lease Term in order to commence the construction of interior improvements therein for such replacement tenant. Any permitted holdover by Tenant pursuant to a Holdover Notice shall be at the rental rate last due in this Lease, plus Additional Rent, and shall otherwise be on the terms and conditions herein specified, so far as applicable; provided, however, that in no event [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. shall Tenant be permitted to deliver an additional Holdover Notice nor shall any renewal or expansion option or other similar right or option contained in this Lease despite demand be deemed applicable to do so any such tenancy. Except as expressly set forth herein, this Section 2.04 shall in no way constitute a consent by Landlord, Landlord to any holding over by Tenant shall indemnify and hold Landlord harmless from all loss upon the expiration or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions earlier termination of this Section are in addition to and do not affect Lease, nor limit Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawremedies in such event.

Holding Over. This Lease Except as otherwise provided in this Lease, Tenant shall terminate without further notice vacate the Property upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. HoweverTenant shall reimburse Landlord for and indemnify Landlord against all damages which Landlord incurs from Tenant's delay in vacating the Property. If Tenant remains in possesxxxx xf the premises after expiration or earlier termination of this Lease with Landlord's express written consent, should Tenant's occupancy shall be a month-to-month tenancy at a rent agreex xx xy Landlord accept the payment of monthly hold-over rent by and Tenant, then a but in no event less than the Base Rent and Additional Rent payable under this Lease during the last full month before the date of expiration or earlier termination of this Lease. The month-to-month tenancy shall be deemed effected on the terms and neither party conditions of this Lease except those terms and conditions dealing with the length of the Term and Options to extend. Landlord's acceptance of rent after such holding over with Landlord'x xxxxxxn consent shall terminate not result in any other tenancy or xx x xxxewal of the original term of this Lease. If Tenant remains in possession of the premises after expiration or earlier termination of this Lease without thirty (30) days prior written notice to Landlord's consent, Tenant's continued possession shall be on the other party. Any hold-over by basis of a tenancy at xxxxxxance and Tenant shall be subject pay as rent during the holdover period an amount equal to all of the terms of this Lease, except that the monthly rental shall be one hundred twenty five percent (150125%) of the total monthly rental Base Rent and Additional Rent payable under this Lease for the last full month immediately preceding before the date of expiration or 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 Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.ARTICLE THREE: BASE RENT Section

Holding Over. This 11.1. Provided Tenant notifies the Landlord in writing four (4) months in advance of the Termination Date there will be a reasonable amount of time the Tenant will occupy the Premises past the Termination Date, the Base Rent and Additional Rent in effect in the final year of the Lease shall terminate without further notice upon be effective for the Holding Over period. If Tenant does not provide four (4) months notice, for hold over possession of the Premises beyond the Termination Date or prior expiration of the Term, and any such holding over by Tenant after the expiration shall not constitute a renewal be deemed to extend the Term or extension 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 for each calendar month or give Tenant any rights under this Lease, except when in writing signed by both parties. If portion thereof that Tenant holds over for any period after (even if such part shall be one day) shall be a liquidated sum equal to one-twelfth (1/12th) of one times the expiration Base Rent and Additional Rent in addition to (plus) the original base rent required to be paid by Tenant during the calendar year preceding the Termination Date or earlier termination) expiration of the Term. This means One and a Half the rental amount due as original Base Rent and Additional Rent. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the 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, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice in addition to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred percent (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 Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlorduse and occupancy charge set forth above, Tenant shall indemnify and hold harmless Landlord harmless from against any and all loss or liabilitylosses and liabilities resulting solely there from, including including, without limitation, any claims made by any succeeding tenant founded upon such delay. Nothing contained in this Lease shall be construed as a consent by Landlord to the occupancy or possession by Tenant of the Premises beyond the Termination Date or prior expiration of the Term, and 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 11.1), shall be entitled to the benefit of all legal remedies that now may be in force or may be hereafter enacted relating to such failure to surrenderthe immediate repossession of the Premises. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right Article shall survive the Termination Date or earlier expiration of re-entry or any other rights of Landlord under this Lease or at lawthe Term.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the TermTerm without the prior written consent of Landlord, Landlord may, at its option, treat Tenant as such possession shall constitute a tenant tenancy at sufferance only, only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected Lease and neither party shall terminate this Lease without terminating thirty (30) days prior following delivery of written notice of termination by either Landlord or Tenant to the other partyother. Any hold-over by Tenant In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly rental Basic Rent shall be the greater of one hundred fifty percent (150%) of the total monthly rental 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 hold-over 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 failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant, with Landlord's consent, remains in possession of the TermPremises after the Expiration Date, and any holding over such possession by Tenant after 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, 150% of the expiration shall not constitute a renewal or extension Basic Monthly Rent in effect immediately prior to the Expiration Date; which rental amount Tenant acknowledges is fair and reasonable under all of the facts and circumstances existing as of the date of this Lease, or give Tenant . All provisions of this Lease except for those pertaining to Term shall apply to any rights under this Lease, except when in writing signed by both partiessuch tenancy. If Tenant holds over for any period after the expiration (or earlier termination) Expiration Date without the express written consent of the TermLandlord, Landlord may, at its option, treat Tenant as shall become a tenant at sufferance only, commencing at a rental rate equal to 175% of the Basic Monthly Rent and Additional Rent in effect immediately prior to expiration of the Term (prorated on the first (1st) day following the termination of this Lease. Howevera daily basis), should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice otherwise subject to the other partyterms, provisions, and conditions herein specified, so far as applicable. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred percent (150%) of the total monthly rental for the month immediately preceding the date of termination. The acceptance Acceptance by Landlord of monthly hold-over rental in a lesser amount rent after such expiration or earlier termination shall not constitute consent to a waiver of Landlord’s right to recover the full amount due unless otherwise agreed holdover tenancy hereunder or result in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrendera renewal. The foregoing provisions of this Section Paragraph 23.2 are in addition to to, and do not affect affect, Landlord’s 's right of re-entry or any other rights of Landlord under hereunder or as otherwise provided by law. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this Paragraph 23.2 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law. In addition to the foregoing, if Tenant fails to surrender the Premises to Landlord on the Expiration Date in the condition required by Paragraph 23.1, above, Tenant shall indemnify, defend, and hold harmless Landlord from and against all actions, demands, liabilities, damages, losses, costs, expenses, attorneys’ fees, and claims resulting from such failure, including, without limitation, any claim for damages made by a succeeding tenant.

Holding Over. This Lease shall terminate without further notice upon Tenant will, at the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension termination of this LeaseLease by lapse of time or otherwise, or give Tenant any rights under this Lease, except when in writing signed by both partiesyield up immediate possession to Landlord. If Tenant holds over for any period after the expiration (or earlier termination) termination of this Lease, then, without waiver of any right available to Landlord as a result of Tenant’s failure to timely surrender possession of the TermPremises to Landlord, Landlord may, at its option, treat Tenant as shall become a tenant at sufferance only, commencing on upon the first terms and conditions set forth in this Lease so far as applicable (1st) day following the termination including, without limitation, Tenant’s obligation to pay Tenant’s applicable share of taxes, utilities, Insurance Expenses, Operating Expenses, Common Area Janitorial Expenses and all other costs, expenses and other additional rent due and payable by Tenant under this Lease. However), should Landlord accept the payment of but at a monthly hold-over base rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice equal to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred fifty percent (150%) of the total greater of (y) the monthly rental for Base Rent applicable to the month Premises immediately preceding prior to the date of such expiration or earlier termination. The acceptance , or (z) the monthly fair market rental value of the Premises as of the date of the expiration or earlier termination of this Lease, as reasonably determined by Landlord Landlord, computed on a daily basis for each day of monthly the hold-over rental in a lesser amount period. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided. The preceding provisions of this Paragraph 17 shall not constitute a waiver of be construed as Landlord’s right consent for Tenant to recover the full amount due unless otherwise agreed in writing by Landlordhold over. If If, for any reason, Tenant fails to surrender the Premises upon on the expiration or earlier termination of this Lease despite demand Lease, then, in addition to do so by Landlord’s rights and remedies under this Lease, Tenant shall indemnify indemnify, protect, defend and hold Landlord and all other Landlord Related Parties harmless from and against any and all loss or liabilityClaims resulting from such failure to surrender including, including without limitation, any claims Claims made by any succeeding tenant relating to based thereon; provided, however, in no event shall the foregoing indemnity cover any special or consequential damages as a result of any holding over by Tenant unless and until such failure to surrender. The foregoing provisions of this Section are holding over has continued for more than thirty (30) days after Tenant has received written notice that Landlord has (1) located a party interested in addition to and do not affect Landlord’s right of re-entry leasing at least all or any other rights portion of Landlord under this Lease the Premises, and (2) begun discussions regarding the terms on which such party would lease at least all or at lawany portion of the Premises.

Holding Over. This Lease shall terminate without further notice upon Tenant will not hold over in the expiration Premises after the end of the TermLease 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 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 any such extension will be part of the Lease term and will not be considered a holding over by Tenant after Tenant, but there will be no further extension rights. This extension right is applicable only at the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) end of the TermLease term, as extended. Landlord maywill diligently attempt to include in its lease with any succeeding or prospective tenant provisions disclaiming liability for consequential damages (i.e., at its optiondamages for lost business or revenue, treat Tenant as a tenant at sufferance onlyopposed to actual damages or penalties) to any such tenant, commencing on the first (1st) day following 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 Lease. Howeverexpress agreement, should Landlord accept the payment of monthly hold-over rent any tenancy is created by Tenant's holding over, then except as specifically set forth in the next sentence the tenancy will be a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior at will terminable immediately at Landlord's sole option on written notice to the other party. Any hold-over by Tenant shall be Tenant, but otherwise subject to all of the terms of this Lease, except that the monthly rental shall most recent annual base rent will be one hundred percent doubled (150%) of the total monthly rental for the month immediately preceding the date of terminationexcept as specifically set forth in Section 16.4). The acceptance by Landlord of monthly hold-over rental Nothing in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due unless otherwise agreed this Article or elsewhere in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand permits Tenant to do so by hold over or in any way limits 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 are in addition to and do not affect Landlord’s right of re-entry or any 's other rights of Landlord under this Lease or at lawand remedies if Tenant holds over (except as specifically set forth in 16.4).

Holding Over. This Lease shall terminate without further notice upon the If Tenant remains in possession after expiration of the Termterm hereof, either the original or any renewal term, without any distinct agreement between the parties, Tenant shall be a tenant at will, and any holding over by Tenant after the expiration there shall not constitute a be no renewal or extension of this Leaselease 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 end of the Term of this Lease then Tenant will pay to Landlord double the amount of the current rental for each month or give Tenant any rights under this Lease, except when in writing signed by both parties. If portion thereof that Tenant holds over for any period after the expiration (or earlier termination) as damages that Landlord may suffer on account of the TermTenant’s failure to so surrender to Landlord possession of said Leased Premises, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred percent (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 Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall will indemnify and hold save Landlord harmless from and against all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions Tenant of this Section are in addition to and do not affect Landlord’s right said Leased Premises against Landlord on account of re-entry or any other rights delay of Landlord under in delivering possession of said Leased Premises to said successor Tenant so far as such delay is occasioned by failure of Tenant to so surrender said Leased Premises in accordance herewith or otherwise. No receipt of money by Landlord from Tenant after termination of this Lease or at lawthe service if any notice of commencement of any suit or final judgment for possession shall reinstate, continue or extend the Term of this Lease or affect any such notice, demand, suit or judgment. No act or thing done by Landlord or its agents during the Term hereby granted shall be deemed an acceptance of surrender of the Leased Premises, and no agreement to accept a surrender of the Leased Premises shall be valid unless or is made in writing and subscribed by a duly authorized officer or agent of Landlord.

Holding Over. This Lease shall terminate without further notice upon In the expiration event Tenant or any Party under Tenant claiming rights to this Lease, retains possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this Lease, or give Tenant any rights under this Leasesuch possession shall constitute and be construed as a tenancy at will only, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) subject, however, to all of the Termterms, Landlord mayprovisions, at its option, treat Tenant as a tenant at sufferance only, commencing covenants and agreements on the first (1st) day following the termination part of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant hereunder; such parties shall be subject to immediate eviction and removal and Tenant or any such Party shall pay Landlord as rent for the period of such holdover an amount equal to one and one-half (1-1/2) times the Basic Annual Rent and Additional Rent (as hereinafter defined) in effect immediately preceding expiration or termination, as applicable, prorated on a daily basis. Tenant 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 accordance with the terms 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, shall operate to extend the term of this Lease, except that the monthly rental shall be one hundred percent (150%) ; no payments of the total monthly rental for the month immediately preceding the date of termination. The acceptance money by Tenant to 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 Tenant fails to surrender the Premises upon after the expiration or earlier termination of this Lease despite demand to do so by Landlordshall reinstate, Tenant shall indemnify and hold Landlord harmless from all loss continue or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions extend the term of this Section are in addition to Lease; and do not affect Landlord’s right no extension of re-entry or any other rights of Landlord under this Lease after the expiration or at lawearlier termination thereof shall be valid unless and until the same shall be reduced to writing and signed by both Landlord and Tenant.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding Should Tenant hold 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, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the sooner termination of this Lease. HoweverLease without the express prior written consent of Landlord, should Landlord accept the payment of monthly hold-over rent such possession by Tenant, then Tenant shall be deemed to be a month-to-month tenancy subject to each and all terms and conditions of this Lease as applicable to a month-to-month tenancy, and such tenancy shall be deemed effected and neither party shall terminate this Lease without terminable upon not less than thirty (30) days prior written days’ notice given by either Landlord or Tenant at any time. During such holding over, Tenant shall pay in advance monthly Rental equal to the other partygreater amount of: a) the product of the rentable area times the Base Rent per square feet of rentable area being quoted generally by Landlord to prospective Tenants, or b) the rental rate established under the Lease for the last month of the Term of the Lease, plus fifty percent (50%). Any hold-over by In addition, Tenant shall be subject to all of pay any additional rent as set forth in Paragraph 4 and any other charges payable under the terms Lease during the period in which Tenant holds over. The foregoing provisions of this Lease, except that the monthly rental shall be one hundred percent (150%) of the total monthly rental for the month immediately preceding the date of termination. The acceptance by Landlord of monthly hold-over rental Paragraph are in a lesser amount shall addition to and do not constitute a waiver of affect Landlord’s right to recover re-enter the full amount due unless Premises or any other rights of Landlord under the Lease or as otherwise agreed provided by law. Nothing contained in writing this Paragraph 22 shall be construed as consent by LandlordLandlord 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 earlier termination of this Lease. The terms and conditions of Tenant’s holding over may be changed by Landlord upon not less than thirty (30) days’ notice. If Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss losses or liability, including without limitation, any claims claim made by any succeeding tenant relating to founded on or resulting from such failure to surrender. The foregoing provisions , any loss of this Section are in addition to rent from prospective tenants, and do any attorneys’ fees and legal costs incurred by Landlord, whether or not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawa legal action is filed.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any Any holding over by Tenant after the expiration shall not constitute a renewal or extension other termination of this LeaseLease 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, or give Tenant any rights under this Lease, except when in writing signed by both partiescovenants and conditions herein specified so far as applicable. If Tenant holds Any holding over for any period 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 (or earlier termination125%) of the Term, Landlord may, at its option, treat Base Rent payable by Tenant as a tenant at sufferance only, commencing on immediately prior to such holding over for the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-of such holding over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be and one hundred percent fifty (150%% ) of the total monthly rental for the month immediately preceding the date of terminationthereafter. The acceptance Acceptance by Landlord of monthly hold-over rental in a lesser amount Rent after the expiration or termination of this Lease shall not constitute a waiver 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 right consent, such holding over may compromise or otherwise affect Landlord’s ability to recover enter into new leases with prospective tenants regarding the full amount due unless otherwise agreed in writing by LandlordPremises. If Therefore, if Tenant fails to surrender the Premises upon the expiration or other termination of this Lease despite demand Lease, then, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityLosses resulting from such failure, including including, without limitationlimiting the generality of the foregoing, any claims made by any succeeding tenant relating to founded upon such failure to surrendersurrender and any lost profits to Landlord 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 written notice of Landlord’s entry into a lease or other agreement that will give rise to such claims. The foregoing provisions of this Section Paragraph are in addition to to, and do not affect affect, Landlord’s right of re-entry to reentry or any other rights of Landlord under this Lease hereunder or at provided by law.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by MISSION PARK BUSINESS CENTER rights given to Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when if any, and (iii) extension rights given to Tenant under this Lease, if any. Landlord's acceptance of rent after such holding over with Landlord's consent shall not result in writing signed by both parties. If Tenant holds over for any period after the expiration (other tenancy or earlier termination) in a renewal of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination original term of this Lease. HoweverIf Tenant remains in possession of all or any part of the Premises after the expiation or earlier termination of the Term without Landlord's consent, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy 's continued possession shall be deemed effected on the basis of a tenancy at sufferance and neither party Tenant shall terminate this Lease without thirty (30) days prior written notice pay as Monthly Base Rent during the holdover period an amount equal to the other party. Any hold-over by Tenant shall be subject to all greater of the terms of this Lease, except that the monthly rental shall be (x) one hundred fifty percent (150%) of the total monthly fair market rental (as reasonably determined by Landlord) for the Premises, or (y) two hundred percent (200%) of the Monthly Base Rent payable under this Lease for the last full month immediately preceding before the date of terminationexpiration or earlier termination of the Term. The acceptance In addition, during such holdover period Tenant shall pay to Landlord all other sums required to be paid by Tenant to 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 Landlordunder this Lease, including, without limitation, Operating Expenses. If Tenant fails to surrender remains in possession of all or any part of the Premises upon the expiration of this Lease despite demand to do so by without Landlord's consent, Tenant shall indemnify agrees to promptly indemnify, protect, defend and hold Landlord harmless from all loss or liabilityclaims, including damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses, and costs, including, without limitation, attorneys' fees and costs, costs and expenses incurred by Landlord in returning the Premises or any part thereof to the condition in which Tenant was to surrender the same, and claims made by any succeeding tenant relating to such founded on or resulting from Tenant's failure to surrendersurrender the Premises. The foregoing provisions of the immediately preceding sentence shall survive the expiration or earlier termination of this Section are Lease. Nothing in addition this Subparagraph 11(b) shall be construed as implied consent by Landlord to and do 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 on the expiration or earlier termination of the Term of this Lease. The provision of this Subparagraph 11(b) shall not affect Landlord’s right be considered to limit or constitute a waiver of re-entry or any other rights or remedies of Landlord under provided in this Lease or at law.

Holding Over. This Lease Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall terminate be unlawfully and illegally in possession of the Premises, whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises without further notice upon Landlord's written consent. If Tenant shall retain possession of the Premises or any portion thereof without Landlord's consent following the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal this Lease 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 sooner termination for any period after reason then Tenant shall pay to Landlord for each day of such retention triple two hundred percent (200%) the amount of daily rental as of the last month prior to the date of expiration (or earlier termination) of . Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, including consequential and incidental damages and reasonable attorneys' fees, incurred by Landlord resulting from delay by Tenant in surrendering the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without Premises within thirty (30) days prior written notice to following the other party. Any hold-over by Tenant shall be subject to all expiration or earlier termination of the terms Term or extended Term of this Lease, except that the monthly rental shall be one hundred percent (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 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 the succeeding tenant relating 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 failure obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to surrendercomplete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. The foregoing provisions of this Section are Paragraph 25 shall survive any expiration or earlier termination of this Lease. If by written notice to Landlord delivered not later than twelve (12) months prior in addition the Term Expiration Date, or the expiration of the extended Term (the "Hold Over Notice"), Tenant advises Landlord of its intent to hold-over specifying the period of such hold-over (which period must be for a period of no longer than six (6) months) (the "Hold-Over Term") then Tenant may, as matter of right, remain in possession following the Term Expiration Date or the expiration of the extended Term, as the case may be, for the Hold-Over Term set forth in the Hold-Over Notice; provided, that the Base Rent for the Hold-Over Term shall be one hundred fifty percent (150%) of the sum of the Base Rent and do not affect Landlord’s other charges payable for the last month of the Term or extended Term. In no event under the preceding sentence shall Tenant have the right to hold-over in the Premises for more than one (1) six (6) month or shorter period beyond the Term Expiration Date or the expiration of re-entry or any other rights of Landlord under this Lease or at lawthe extended Term.

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant fails to deliver possession of the TermPremises on the Termination Date, and any holding but holds over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. HoweverLease without the express prior written consent of Landlord, should Landlord accept the payment of monthly hold-over rent by Tenant, then such tenancy shall be construed as a tenancy from month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without (terminable by either Landlord or Tenant upon thirty (30) days days’ prior written notice to the other party. Any hold-over by Tenant shall be subject to all of other) on the same terms of this Leaseand conditions as are contained herein, except that the monthly rental Fixed Monthly Rent payable by Tenant during such period of holding over for the first two (2) months following the Termination Date or any earlier termination of this Lease shall be automatically increase as of the 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 total monthly rental Fixed Monthly Rent payable by Tenant for the calendar month immediately preceding prior to the date when Tenant commences such holding over (the “Holdover Rent”). Tenant’s payment of termination. The such Holdover Rent, and Landlord’s acceptance by Landlord of monthly hold-over rental in a lesser amount thereof, shall not constitute a waiver by Landlord of any of Landlord’s right rights or remedies with respect to recover such holding over, nor shall it be deemed to be a consent by Landlord to Tenant’s continued occupancy or possession of the full amount due unless otherwise agreed in writing Premises past the time period covered by LandlordTenant’s payment of the Holdover Rent. If Furthermore, if Tenant fails to surrender deliver possession of the Premises upon to Landlord within ten (10) business days after the expiration or earlier termination of this Lease despite demand Lease, then, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityloss, costs (including reasonable attorneys’ fees and expenses) and liability resulting from such failure, including without limitationlimiting the foregoing, any claims made by any succeeding tenant relating to such arising out of Tenant’s failure to so surrender, and any lost profits to Landlord resulting therefrom. The foregoing Notwithstanding the provisions contained hereinabove regarding Tenant’s liability for a continuing holdover, Landlord agrees to use commercially reasonable efforts to insert into any future lease of this another tenant proposing to occupy the Premises provisions similar to those contained in Section are in addition to and do not affect Landlord2.1, permitting mitigation of Tenant’s right damages arising out of re-entry or any other rights of Landlord under this Lease or at lawTenant’s temporary holdover.

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant remains in possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this LeaseLease with Landlord's express consent, or give Tenant's occupancy shall be a month to month tenancy at a rent agreed upon by Landlord and Tenant any rights 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, 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 when as provided in writing signed by both partiesthe preceding sentence and the Lease clauses concerning extension rights. If Tenant holds over for any period after the expiration (or earlier termination) termination of the TermTerm hereof without the express written consent of Landlord, Landlord may, at its option, treat Tenant as shall become a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then at a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice rental rate equal to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred fifty percent (150%) of the total monthly rental for Monthly Basic Rent, Storage Rent and Parking Lot Rent which would be applicable to the month immediately preceding Premises upon the date of terminationsuch 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. The acceptance Acceptance by Landlord of monthly hold-over rental in a lesser amount rent after such expiration or earlier termination shall not constitute a waiver 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 's right to recover the full amount due unless of re-entry or any rights of Landlord hereunder or as otherwise agreed in writing provided by Landlordlaw. 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 liabilityliability arising out of such failure, including without limitation, any claims claim made by any succeeding tenant relating to founded on or resulting from such failure to surrender. No provision of this Paragraph 10 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The foregoing provisions of this Section are in addition Paragraph 10 shall not be considered to and do not affect Landlord’s right limit or constitute a waiver of re-entry or any other rights or remedies of Landlord under provided in this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon If Tenant, or any assignee or subtenant of Tenant, holds over possession of the Premises beyond the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension earlier termination of this Lease, such holding over will not be deemed to extend the Term or give 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-twelfth (1/12th) of 125% times the Basic Rent and Additional Rent (calculated as if the Lease were still in existence) required to be paid by Tenant during the calendar year preceding the expiration or earlier termination of this Lease for the first sixty (60) days of the holdover and 150% times the Basic Rent and Additional Rent (calculated as if the Lease were still in existence) after such sixty (60) day period. The parties recognize and agree that the damage to Landlord resulting from any rights under this Lease, except when in writing signed failure by both partiesTenant or any assignee or subtenant of Tenant to timely surrender possession of the Premises will exceed the amount of the monthly Basic Rent and Additional Rent and will be impossible to accurately measure. If Tenant holds over for any period after the Premises are not surrendered upon the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred percent (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 Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify indemnify, defend and hold harmless Landlord harmless from against any and all loss or liabilitylosses and liabilities resulting therefrom, including including, without limitation, any claims made by any succeeding tenant relating founded upon such delay. Nothing contained in this Lease will be construed as a consent by Landlord to such failure 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 surrenderremove 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. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right Article 24 will survive the expiration or earlier termination of re-entry or any other rights of Landlord under this Lease or at lawLease.

Holding Over. This Lease Unless Landlord expressly consents in writing to Tenant’s holding over, Tenant shall terminate be only a Tenant al, sufferance whether or not Landlord accepts any Rent front Tenant or any other person while Tenant is holding over without further notice Landlord’s written consent. If Tenant shall retain possession of the Premises or any portion thereof (a) with Landlord’s consent then Tenant shall become a tenant from month to month upon the terms herein specified at a monthly rental equivalent to the then prevailing; monthly Rent payable by Tenant at the expiration of the Termterm or this lease, and any holding over by Tenant after or (h) without landlord’s consent following the expiration shall not constitute a renewal or extension of this Lease, Lease or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over sooner termination for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenantreason, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject pay to all landlord for each day of the terms of this Lease, except that the monthly rental shall be such retention one hundred fifty percent (150%) of the total monthly amount or daily rental for as of the last month immediately preceding prior to the date of expiration or earlier termination. The acceptance 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 actual damages proven by the succeeding tenant feed to have been suffered as a result of such delay. Acceptance of Rent by Landlord of monthly hold-over rental in a lesser amount following expiration or earlier termination shall not constitute a waiver renewal of Landlordthis lease, and nothing contained in this Paragraph 25 shall waive landlord’s right to recover of reentry or any other right. Additionally, in the full amount due unless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises event that upon the expiration or earlier termination of this Lease despite demand to do so by LandlordLease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of lire Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall indemnify have the right to perform any such obligations as it deems reasonably necessary at Tenant’s sole cost and hold expense, and any time reasonably required by Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to complete such failure to surrenderobligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right Paragraph 25 shall survive any expiration or earlier termination of re-entry or any other rights of Landlord under this Lease or at lawLease.

Holding Over. This Lease shall terminate without further notice upon the expiration Tenant will not be permitted to hold over possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this Leasethe Term without the express written consent of Landlord, or give Tenant any rights under this Lease, except when which consent Landlord may withhold in writing signed by both partiesits sole and absolute discretion. If Tenant holds over for any period after the expiration (or earlier termination) termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over such continued occupancy by Tenant shall be subject to all of the terms terms, convenants and conditions of this Lease, so far as applicable, except that the monthly rental Monthly Base Rent for any such holdover period shall be one equal to the greater of (i) two hundred percent (150200%) of the total monthly Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then currently scheduled rental rate for comparable space in the month immediately preceding the date of terminationBuilding, in either event prorated on a daily basis. The acceptance Acceptance by Landlord of monthly hold-over rental rent after such expiration or earlier termination will not result in a lesser amount shall renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not constitute a waiver affect Landlord's right of Landlord’s right to recover the full amount due unless re-entry or any rights of Landlord under this Lease or as otherwise agreed in writing provided by Landlordlaw. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant shall indemnify agrees to promptly indemnify, protect, defend and hold Landlord harmless from all loss or liabilityclaims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, any costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant relating to such founded on or resulting from Tenant's failure to surrendersurrender the Premises. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right Subparagraph 11(b) will survive the expiration or earlier termination of re-entry or any other rights of Landlord under this Lease or at lawLease.

Holding Over. This Lease shall terminate without further notice upon In the expiration event of the Term, and any holding over by Tenant after the expiration shall 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 remains in possession of all or any part of the Premises after the expiration of the Lease Term, with the express written extent of Landlord: (a) such tenancy will be deemed to be a periodic tenancy from month-to-month only; (b) such tenancy will not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over Lease for any period after further term; and (c) such tenancy may be terminated by Landlord upon the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to or the other partyearliest date permitted by law. Any holdSuch month-over by Tenant shall to-month tenancy will be subject to all every other term, condition, and covenant contained in this Lease including the 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 terms Premises by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord upon the expiration or earlier termination of this Lease, except that the monthly rental shall be one hundred percent (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 Tenant fails to surrender the Premises upon the expiration or earlier termination of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including including, without limitation, any claims claim made by any succeeding tenant relating to founded on or resulting from such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant, with Landlord’s consent, remains in possession of the TermPremises after the Expiration Date, and any holding over such possession 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, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then be deemed to be a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (terminable on 30) days prior -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, 125% of the Basic Monthly Rent in effect immediately prior to the other party. Any hold-over by Expiration Date; which rental amount Tenant shall be subject to acknowledges is fair and reasonable under all of the terms facts and circumstances existing as of the date of this Lease, . All provisions of this Lease except that the monthly rental for those pertaining to Term shall be one hundred percent (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 apply to recover the full amount due unless otherwise agreed in writing by Landlordany such tenancy. If Tenant fails to surrender holds over after the Premises upon Expiration Date without the expiration express written consent of this Lease despite demand to do so by Landlord, Tenant shall indemnify become a tenant at sufferance only, at a rental rate equal to 150% of the Basic Monthly Rent and hold 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 harmless from all loss of rent after such expiration or liability, including without limitation, any claims made by any succeeding tenant relating earlier termination shall not constitute consent to such failure to surrendera holdover tenancy hereunder or result in a renewal. The foregoing provisions of this Section Paragraph 23.2 are in addition to to, and do not affect affect, Landlord’s right of re-entry or any other rights of Landlord under hereunder or as otherwise provided by law. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this Paragraph 23.2 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law. In addition to the foregoing, if Tenant fails to surrender the Premises to Landlord on the Expiration Date in the condition required by Paragraph 23.1, above, Tenant shall indemnify, defend, and hold harmless Landlord from and against all actions, demands, liabilities, damages, losses, costs, expenses, attorneys’ fees, and claims resulting from such failure, including, without limitation, any claim for damages made by a succeeding tenant.

Holding Over. This Lease shall terminate without further notice upon (a) In the event Subtenant does not immediately surrender the Subleased Premises on the date of expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension Term of this LeaseSublease or any extension period thereof, or give Tenant any rights under Subtenant shall, by virtue of this LeaseSection 22 of this Sublease, except when in writing signed become a tenant by both parties. If Tenant holds over for any period after the expiration (or earlier termination) month and hereby agrees to pay to Sublandlord a Base Rent equal to twice the amount of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on Base Rent in effect during the first (1st) day following last month of the termination Term of this LeaseSublease as it may have been extended (i.e. twice the amount of Monthly Minimum Rent in effect during the last month of the Term of this Sublease) and 30% of all gross receipts, without deduction. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a The month-to-month tenancy shall be deemed effected and neither party commence with the first day next after the expiration of the Term of this Sublease. Subtenant as a month-to- month tenant shall terminate this Lease without thirty (30) days prior written notice continue to the other party. Any hold-over by Tenant shall be subject to all of the terms conditions and covenants of this LeaseSublease. Subtenant shall give to Sublandlord at least thirty (30) days written notice of any intention to quit the Subleased Premises. Subtenant shall be entitled to thirty (30) days written notice to quit the Subleased Premises, except that in the monthly rental shall be one hundred percent (150%) event of nonpayment of the total monthly rental for the month immediately preceding the date of termination. The acceptance by Landlord of monthly hold-over modified basic rental in a lesser amount advance, in which event Subtenant shall not constitute a waiver of Landlord’s right be entitled to recover any notice to quit, the full amount due unless otherwise agreed usual thirty (30) days notice to quit being hereby expressly waived. (b) Notwithstanding the foregoing, in writing by Landlord. If Tenant fails to surrender the Premises upon event Subtenant holds over after the expiration of the Term of this Lease despite demand Sublease or extension period thereof, and Sublandlord desires to do so by Landlordregain possession of the Subleased Premises promptly at the expiration of the Term of this Sublease or extension period thereof, Tenant shall indemnify then at any time prior to Sublandlord’s acceptance of modified basic rental from Subtenant as a month to month tenant hereunder, Sublandlord, at its option, may forthwith re-enter and hold Landlord harmless from all loss take possession of the Subleased Premises without process, or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are legal process in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawforce in Arlington County, Virginia.

Holding Over. This Lease shall terminate without further notice upon at the expiration of the Lease Term, and any . Any holding over by Tenant after expiration of the expiration Lease Term shall not constitute a renewal or extension of this Lease, the Lease or give Tenant any rights under this Leasein or to the Premises, except when as expressly provided in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Any holding over after such expiration with the written consent of Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected construed to be a tenancy from month to month on the same terms and neither party conditions herein specified insofar as applicable, except that Base Monthly Rent shall terminate this Lease without thirty (30) days prior written notice be increased to the other party. Any hold-over by 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 commencing after the end of the Lease Term, providing that Landlord gives Tenant shall be subject to all written Notice of the terms of this Leasesuch lease within sixty 60 days of the end of any Lease term (the “Relet Notice”). Should Landlord provide the Relet Notice, except that in addition to the monthly rental Rent set forth in Subsection 2 above, the Tenant shall be one hundred percent (150%) of the total monthly rental liable for the month immediately preceding the date of termination. The acceptance any damages incurred by Landlord of monthly hold-over rental in a lesser amount shall not constitute a waiver of (other than rents recovered under Section C.2 above) due to Landlord’s right inability to recover the full amount due unless otherwise agreed in writing by Landlord. If Tenant fails to surrender deliver the Premises upon to any proposed tenant identified in the expiration Relet Notice pursuant to the terms of any lease between Landlord and tenant identified in the Relet Notice, and shall fully indemnify Landlord as set forth in Section 10.B as to any claims arising from Tenant’s failure to vacate the Premises in compliance with the terms 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, at the end of any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawstated Term.

Holding Over. This Lease Subtenant shall terminate without further notice upon have no right to occupy the PBOS ------------ Licensed/Subleased Area or any portion thereof after the expiration of this Sublease or after termination of this Sublease or Subtenant's right to possession in consequence of a Subtenant Event of Default. If Subtenant or any party claiming by, through or under Subtenant holds over, Sublandlord may exercise any and all remedies available to it at law or in equity to recover possession of the TermPBOS Licensed/Subleased Area and to recover damages, including without limitation, damages payable by Sublandlord to Prime Landlord by reason of such holdover. For each and every month or partial month that Subtenant or any holding over by Tenant party claiming by, through or under Subtenant remains in occupancy of all or any portion of the PBOS Licensed/Subleased Area after the expiration shall not constitute a renewal or extension of this Lease, Sublease or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. HoweverSublease or Subtenant's right to possession, should 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 accept under the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Prime Lease without thirty (30) days immediately prior written notice to the expiration or other party. Any hold-over by Tenant shall be subject to all of the terms termination of this Lease, except that the monthly rental shall be one hundred percent (150%) Sublease or of the total monthly rental for the month immediately preceding the date of terminationSubtenant's right to possession. The acceptance by Landlord Sublandlord of monthly hold-over rental any lesser sum shall be construed as payment on account and not in a lesser amount shall not constitute a waiver satisfaction of Landlord’s right to recover the full amount due unless otherwise agreed in writing by Landlorddamages for such holding over. If Tenant Subtenant fails to surrender the Premises PBOS Licensed/Subleased Area upon the expiration or termination of this Lease despite demand to do so by LandlordSublease, Tenant Subtenant shall indemnify indemnify, defend and hold Landlord harmless Sublandlord from all loss costs, loss, expense or liability, including without limitation, any claims made by Prime Landlord, claims made by any succeeding tenant relating to such failure to surrenderand real estate brokers' claims and attorneys' fees. The foregoing provisions No acceptance by Sublandlord of any Rent during or for any period following the expiration or termination of this Section are in addition to and do not affect Landlord’s right Sublease shall operate or be construed as an extension or renewal of re-entry or any other rights of Landlord under this Lease or at lawSublease.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the TermTerm without the prior written consent of Landlord, Landlord may, at its option, treat Tenant as such possession shall constitute a tenant tenancy at sufferance only, only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected Lease and neither party shall terminate this Lease without terminating thirty (30) days prior following delivery of written notice of termination by either Landlord or Tenant to the other partyother. Any hold-over by Tenant In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly rental Basic Rent shall be one two hundred percent (150200%) of the total monthly rental greater of (a) the Basic Rent for the month immediately preceding the date of terminationtermination or (b) the then currently scheduled Basic Rent for comparable space in the Project. The acceptance by Landlord of monthly hold-over 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 failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration Tenant will not be permitted to hold over possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this Leasethe Term without the express written consent of Landlord, or give Tenant any rights under this Lease, except when which consent Landlord may withhold in writing signed by both partiesits sole and absolute discretion. If Tenant holds over for any period after the expiration (or earlier termination) termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over such continued occupancy by Tenant shall be subject to all of the terms terms, covenants and conditions of this Lease, so far as applicable, except that the monthly rental Monthly Base Rent for any such holdover period shall be equal to one hundred fifty percent (150%) of the total monthly rental for the month Monthly Base Rent in effect under this Lease immediately preceding the date of termination. The acceptance prior to such holdover.. Acceptance by Landlord of monthly hold-over rental rent after such expiration or earlier termination will not result 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 Tenant fails to surrender the Premises upon the expiration renewal 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 surrenderLease. The foregoing provisions of this Section Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and TENANT’S INITIALS LANDLORD’S INITIALS 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.

Holding Over. This Lease Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall terminate be unlawfully and illegally in possession of the Premises, whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises without further notice upon Landlord's written consent. If Tenant shall retain possession of the Premises or any portion thereof without Landlord's consent following the expiration of this Lease or sooner termination for any reason, then Tenant shall pay to Landlord for each day of such retention two hundred percent (200%) the Termamount 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 holding over loss, liability or cost, including consequential and incidental damages and reasonable attorneys' fees, incurred by Landlord resulting from delay by Tenant after in surrendering the Premises within thirty (30) days following the expiration or earlier termination of the Term or extended Term of this Lease, including, without limitation, any claims made by the succeeding tenant founded on such delay. Acceptance of Rent by Landlord following expiration or earlier termination of this Lease, or following demand by 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 extension any other right. Additionally, if upon expiration or earlier termination of this Lease, or give 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 rights under other Tenant obligations as set forth in this Lease, except when in writing signed 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 both partiesLandlord to complete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. If Tenant holds over for The provisions of this Paragraph 25 shall survive any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. HoweverIf by written notice to Landlord delivered not later than twelve (12) months prior to the Term Expiration Date, should or the expiration of the extended Term (the "Hold-Over Notice"), Tenant advises Landlord accept the payment of monthly its intent to hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to specifying the other party. Any period of such hold-over by (which period must be for a period of no longer than six (6) months) (the "Hold-Over Term") then Tenant shall be subject to all may, as a matter of right, remain in possession following the Term Expiration Date or the expiration of the terms of this Leaseextended Term, except as the case may be, for the Hold-Over Term set forth in the Hold-Over Notice; provided, that the monthly rental Base Rent for the Hold-Over Term shall be one hundred fifty percent (150%) of the total monthly rental sum of the Base Rent and other charges payable for the last month immediately of the Term or extended Term. In no event under the preceding sentence, shall Tenant have the date of termination. The acceptance by Landlord of monthly right to 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 Tenant fails to surrender the Premises upon for more than one (1) six (6) month or shorter period beyond the Term Expiration Date or the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawthe extended Term.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the TermTerm without the prior written consent of Landlord, Landlord may, at its option, treat Tenant as such possession shall constitute a tenant 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. HoweverIn either of such events, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant possession shall be subject to all of the terms of this Lease, except that that: (i) the monthly rental Basic Rent for the initial two (2) months of holdover shall be one hundred fifty percent (150%) of the total monthly rental Basic Rent for the month immediately preceding the date of termination. The acceptance by Landlord , and (ii) the monthly Basic Rent for the third (3rd) and each successive month of holdover the monthly hold-over rental Basic Rent shall be the greater of (a) one hundred seventy five percent (175%) 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 a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due unless otherwise agreed in writing by LandlordBuilding. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall terminate be unlawfully and illegally in possession of the Premises, whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises without further notice upon Landlord's written consent. If Tenant shall retain possession of the Premises or any portion thereof without Landlord's consent following the expiration of this Lease or sooner termination for any reason, then Tenant shall pay to Landlord for each day of such retention two hundred percent (200%) the Termamount 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 holding over loss, liability or cost, including consequential and incidental damages and reasonable attorneys' fees, incurred by Landlord resulting from delay by Tenant after in surrendering the Premises within thirty (30) days following the expiration or earlier termination of the Term or extended Term of this Lease, including, without limitation, any claims made by the succeeding tenant founded on such delay. Acceptance of Rent by Landlord following expiration or earlier termination of this Lease, or following demand by Landlord for possession of the Premises, shall not constitute a renewal of this Lease, and nothing contained in this Paragraph 25 shall waive Landlord's right of reentry of any other right. Additionally, if upon expiration or extension earlier termination of this Lease, or give 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 rights under other Tenant obligations as set forth in this Lease, except when in writing signed 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 both partiesLandlord to complete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. If Tenant holds over for The provisions of this Paragraph 25 shall survive any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. HoweverIf by written notice to Landlord delivered not later than twelve (12) months prior to the Term Expiration Date, should or the expiration of the extended Term (the "Hold-Over Notice"), Tenant advises Landlord accept the payment of monthly its intent to hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to specifying the other party. Any period of such hold-over by (which period must be for a period of no longer than six (6) months)(the "Hold-Over Term") then Tenant shall be subject to all may, as a matter of right, remain in possession following the Term Expiration Date or the expiration of the terms of this Leaseextended Term, except as the case may be, for the Hold-Over Term set forth in the Hold-Over Notice; provided, that the monthly rental Base Rent for the Hold-Over Term shall be one hundred fifty percent (150%) of the total monthly rental sum of the Base Rent and other charges payable for the last month immediately of the Term or extended Term. In no event under the preceding sentence shall Tenant have the date of termination. The acceptance by Landlord of monthly right to 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 Tenant fails to surrender the Premises upon for more than one (1) six (6) month or shorter period beyond the Term Expiration Date or the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawthe extended Term.

Holding Over. This Lease shall terminate without further notice upon the expiration Tenant will not be permitted to hold over possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this Leasethe Term without the express written consent of Landlord, or give Tenant any rights under this Lease, except when which consent Landlord may withhold in writing signed by both partiesits sole and absolute discretion. If Tenant holds over for any period after the expiration (or earlier termination) termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over such continued occupancy by Tenant shall be subject to all of the terms terms, covenants and conditions of this Lease, so far as applicable, except that the monthly rental Monthly Base Rent for any such holdover period shall be equal to the greater of (i) one hundred twenty-five percent (150125%) of the total monthly Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then currently scheduled rental rate for comparable space in the month immediately preceding the date of terminationBuilding, in either event prorated on a daily basis. The acceptance Acceptance by Landlord of monthly hold-over rental rent after such expiration or earlier termination will not result in a lesser amount shall renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not constitute a waiver affect Landlord's right of Landlord’s right to recover the full amount due unless re-entry or any rights of Landlord under this Lease or as otherwise agreed in writing provided by Landlordlaw. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant shall indemnify agrees to promptly indemnify, protect, defend and hold Landlord harmless from all loss or liabilityclaims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, any costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant relating to such founded on or resulting from Tenant's failure to surrendersurrender the Premises. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right subparagraph 11(b) will survive the expiration or earlier termination of re-entry or any other rights of Landlord under this Lease or at lawLease.

Holding Over. This Lease shall terminate without further notice upon If, with Landlord’s express written consent, Tenant retains possession of the expiration Premises after the termination of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease(i) unless otherwise agreed in such written consent, 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, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant 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 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 except that the monthly rental shall be one hundred percent (equal to 150%) % of Base Rent in effect during the last 30 days of the total monthly rental 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 month immediately preceding expiration or earlier termination of the date Term, Landlord will notify Tenant whether the potential exists for consequential damages. No holding over by Tenant, whether with or without consent of terminationLandlord, 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. The acceptance 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 Tenant fails to surrender the Premises upon Rent after the expiration of the Term or earlier termination of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss not result in a renewal or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions reinstatement of this Lease. Payments of Rent payable pursuant to this Section are in addition to and do not affect Landlord’s right of re-entry or 8 for any other rights of Landlord under this Lease or at lawfractional calendar month shall be prorated.

Holding Over. This Should Tenant, with Landlord's written consent, hold over after the termination of this Lease and continue to pay Rent, Tenant shall terminate without further 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 upon 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, and any holding over by Tenant after the expiration shall not constitute a renewal or extension Term 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) as an extension of the TermTerm of this Lease by the Landlord on any basis, Landlord may, at its option, treat Tenant nor as a tenant at sufferance only, commencing on waiver of any of the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall Landlord's rights to terminate this Lease without thirty (30) days prior written notice and re-enter the Premises. Nothing contained herein shall be construed to give Tenant the other partyright to holdover at any time, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises, as well as damages incurred by Landlord due to Tenant's failure to vacate the Premises and deliver possession to Landlord as herein provided. Any hold-over Tenant shall reimburse Landlord and indemnify Landlord against all damages incurred by Landlord from any delay by Tenant shall be subject to all of in vacating the terms of this Lease, except that the monthly rental shall be one hundred percent (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 Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawPremises.

Holding Over. This Lease shall terminate without further notice upon the expiration Tenant will not be permitted to hold over possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this Leasethe Term without the express written consent of Landlord, or give Tenant any rights under this Lease, except when which consent Landlord may withhold in writing signed by both partiesits sole and absolute discretion. If Tenant holds over for any period after the expiration (or earlier termination) termination of the TermTerm without the express written consent of Landlord, Landlord maythen, at its optionin addition to all other remedies available to Landlord, treat Tenant as shall become a tenant at sufferance only, commencing on upon the first terms and conditions set forth in this Lease so far as applicable (1st) day following the termination of including Tenant's obligation to pay all Additional Rent under this Lease. However), should Landlord accept the payment of monthly hold-over rent by Tenant, then but at a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice Monthly Base Rent equal to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred fifty percent (150%) of the total monthly rental for Monthly Base Rent applicable to the month Premises immediately preceding prior to the date of such expiration or earlier termination. The acceptance Any such holdover Rent shall be paid on a per diem basis. Acceptance by Landlord of monthly hold-over rental in a lesser amount Rent after such expiration or earlier termination shall not constitute consent to a waiver hold over hereunder or result in an extension of Landlord’s this Lease. This Section 21.2 shall not be construed to create any express or implied right to recover holdover beyond the full amount due unless otherwise agreed in writing by Landlordexpiration of the Term or any extension thereof. If Tenant fails to surrender shall hold over for more than thirty (30) days without the Premises upon the expiration express written consent of this Lease despite demand to do so by Landlord, Tenant shall indemnify be liable, and shall pay to Landlord within ten (10) days after demand, for all losses incurred by Landlord as a result of such holdover, and shall indemnify, defend and hold Landlord and the Landlord Parties harmless from and against all loss liabilities, damages, losses, claims, suits, costs and expenses (including reasonable attorneys’ fees and costs) arising from or liabilityrelating to any such holdover tenancy, including without limitation, any claims claim for damages made by any a succeeding tenant relating to such failure to surrendertenant. Tenant’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Lease. The foregoing provisions of this Section 21.2 are in addition to to, and do not affect affect, Landlord’s 's right of re-entry or any other rights of Landlord under this Lease hereunder or otherwise at lawlaw or in equity.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the TermTerm without the prior written consent of Landlord, Landlord may, at its option, treat Tenant as such possession shall constitute a tenant tenancy at sufferance only, only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected Lease and neither party shall terminate this Lease without terminating thirty (30) days prior following delivery of written notice of termination by either Landlord or Tenant to the other partyother. Any hold-over by Tenant In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly rental Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the total monthly rental Basic Rent for the month immediately preceding the date of terminationtermination or (b) the then currently scheduled Basic Rent for comparable space in the Project. The acceptance by Landlord of monthly hold-over holdover rental in a lesser amount shall not constitute a waiver of Landlord’s '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 failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration Tenant will not be permitted to hold over possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this Leasethe Term without the express written consent of Landlord, or give Tenant any rights under this Lease, except when which consent Landlord may withhold in writing signed by both partiesits sole and absolute discretion. If Tenant holds over for any period after the expiration (or earlier termination) termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over such continued occupancy by Tenant shall be subject to all of the terms terms, covenants and conditions of this Lease, so far as applicable, except that the monthly rental Monthly Base Rent for any such holdover period shall be equal to one hundred fifty percent (150%) of the total monthly rental for the month Monthly Base Rent in effect TENANT’S INITIALS LANDLORD’S INITIALS under this Lease immediately preceding the date of termination. The acceptance prior to such holdover.. Acceptance by Landlord of monthly hold-over rental rent after such expiration or earlier termination will not result 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 Tenant fails to surrender the Premises upon the expiration renewal 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 surrenderLease. The foregoing provisions of this Section Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys’ fees and costs), including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded 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.

Holding Over. This Lease Unless Landlord expressly consents in writing to Tenant’s holding over, Tenant shall terminate 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 further notice upon Landlord’s written consent. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal this Lease 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 sooner termination for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenantreason, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject pay to all Landlord for each day of the terms of this Lease, except that the monthly rental shall be such retention one hundred percent fifty (150%) of the total monthly amount of daily rental for as of the last month immediately preceding prior to the date of expiration or earlier 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 Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify also indemnify, defend, protect and hold Landlord harmless from all loss any loss, liability or liabilitycost, including reasonable attorneys’ fees, resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any the succeeding tenant relating to founded on such failure to surrenderdelay. The foregoing provisions Acceptance of Rent by Landlord following expiration or earlier termination shall not constitute a renewal of this Section are Lease, and nothing contained in addition to and do not affect this Paragraph 25 shall waive Landlord’s right of re-entry reentry or any other rights right. Additionally, 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 under shall have the right to perform any such obligations as it deems necessary at Tenant’s sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Lease Paragraph 25 shall apply. The provisions of this Paragraph 25 shall survive any expiration or at lawearlier termination of this Lease.

Holding Over. This Lease shall terminate without further notice upon Should Tenant, or any of its successors in interest, hold over the expiration of the Term, and Premises or any holding over by Tenant part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to one hundred fifty percent (150%) of the Base Rent owed during the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent as agreed by Landlord and Tenant and otherwise upon the terms and conditions of this Lease, so far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not constitute result in 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, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred percent (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 Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to Section 9.1 hereof, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, loss or at lawliability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Holding Over. This Lease Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall terminate without further notice upon the expiration of the Termbe only a Tenant at sufferance, and whether or not Landlord accepts any Rent from Tenant or any other person while Tenant is 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 partieswithout Landlord's written consent. If Tenant holds over for any period after the expiration (or earlier termination) shall retain possession of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day Premises or any portion thereof without Landlord's consent following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred percent (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 Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlordor sooner termination for any reason, then Tenant shall indemnify pay to Landlord for each day of such retention DOUBLE 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 all loss any loss, liability or liabilitycost, including reasonable attorneys' fees, resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any the succeeding tenant relating 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, 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 failure obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to surrendercomplete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right Paragraph 25 shall survive any expiration or earlier termination of re-entry or any other rights of Landlord under this Lease or at lawLease.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the TermTerm without the prior written consent of Landlord, Landlord may, at its option, treat Tenant as such possession shall constitute a tenant tenancy at sufferance only, only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected Lease and neither party shall terminate this Lease without terminating thirty (30) days prior following delivery of written notice of termination by either Landlord or Tenant to the other partyother. Any hold-over by Tenant In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly rental Basic Rent shall be one hundred fifty percent (150%) of the total monthly rental greater of (a) the Basic Rent for the month immediately preceding the date of termination. The acceptance by Landlord of monthly hold-over termination or (b) the fair market rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover for the full amount due unless otherwise agreed in writing by LandlordPremises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any Any holding over by Tenant after the expiration shall not constitute a renewal or extension other termination of this LeaseLease 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, or give Tenant any rights under this Lease, except when in writing signed by both partiescovenants and conditions herein specified so far as applicable. If Tenant holds Any holding over for any period 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 (or earlier terminationa) 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 TermBasic Monthly Rental payable by Tenant immediately prior to such holding over; and (b) thereafter, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy Basic Monthly Rental shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice an amount equal to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred fifty percent (150%) of the total monthly rental for the month Basic Monthly Rental payable by Tenant immediately preceding the date of terminationprior to such holding over. The acceptance Acceptance by Landlord of monthly hold-over rental in a lesser amount Rental after the expiration or termination of this Lease shall not constitute a waiver 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 right consent, such holding over may compromise or otherwise affect Landlord’s ability to recover enter into new leases with prospective tenants regarding the full amount due unless otherwise agreed in writing by LandlordPremises. If Therefore, if Tenant fails to surrender the Premises upon the expiration or other termination of this Lease despite demand Lease, then, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityClaims resulting from such failure, including including, without limitationlimiting the generality of the foregoing, any claims made by any succeeding tenant relating to founded upon such failure to surrendersurrender and any lost profits to Landlord resulting therefrom. The foregoing provisions of this Section Paragraph are in addition to to, and do not affect affect, Landlord’s right of to re-entry or any other rights hereunder or provided by law. Notwithstanding the foregoing or anything to the contrary contained herein, Landlord agrees that, if Tenant gives Landlord written notice at least one hundred eighty (180) days before the expiration of Landlord under this the Lease or at lawTerm, then Tenant may hold over in the Premises for a period not to exceed thirty (30) days, on the same terms and conditions as applicable during the last month of the Lease Term.

Holding Over. This Lease Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall terminate 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 further notice upon Landlord's written consent. If Tenant shall retain possession of the Premises or any portion thereof without Landlord's consent following the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal this Lease 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 sooner termination for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenantreason, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject pay to all Landlord for each day of the terms of this Lease, except that the monthly rental shall be such retention one hundred fifty percent (150%) the amount of daily rental as of the total monthly rental for the last month immediately preceding prior to the date of expiration or earlier 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 Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify also indemnify, defend, protect and hold Landlord harmless from all loss any loss, liability or liabilitycost, including reasonable attorneys' fees, resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any the succeeding tenant relating 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, 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 failure obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to surrendercomplete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right Paragraph 25 shall survive any expiration or earlier termination of re-entry or any other rights of Landlord under this Lease or at lawLease.

Holding Over. This Lease A. Should Tenant provide to Landlord six (6) months prior written notice of its intention to hold over, Tenant shall terminate without further notice upon the expiration be entitled to remain in possession of the Term, and any holding over by Tenant after Premises for a period of sixty (60) days following the expiration shall not constitute a renewal or extension end of the term of this Lease, or give 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 any rights under hereby agrees that if it fails to surrender the Premises at the end of said sixty (60)-day period, or earlier termination as provided in this Lease, except when 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 writing signed delivering possession of the Premises to any such succeeding tenant caused by both parties. Tenant's holding over beyond such sixty (60)-day period. B. If Tenant holds over for any period shall be in possession of the Premises after the expiration sixty (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day 60)-day period following the termination of this Lease. However, should Landlord accept in the payment absence of monthly hold-over rent by Tenantany agreement extending the term hereof, then a month-to-month or Landlord's demand to Tenant to sooner vacate the Premises, the tenancy shall be deemed effected and neither party shall terminate under this Lease without shall become one from month to month terminable by either party on thirty (30) days prior written notice notice, at a monthly Rent equal to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred fifty percent (150%) of the total monthly rental installment of Rent payable during the last month of the term. Tenant shall also pay all other charges payable under the terms of this Lease, prorated for the month immediately preceding the date of terminationperiod during which Tenant remains in possession. The acceptance by Landlord of monthly hold-over rental in a lesser amount Such tenancy shall not constitute a waiver of Landlord’s right also be subject to recover the full amount due unless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration all other conditions, provisions and obligations 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 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawLease.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any Any holding over by Tenant after the expiration shall not constitute a renewal or extension other termination of this LeaseLease 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, or give Tenant any rights under this Lease, except when in writing signed by both partiescovenants and conditions herein specified so far as applicable. If Tenant holds Any holding over for any period 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 (or earlier termination125%) of the Term, Landlord may, at its option, treat Base Rent payable by Tenant as a tenant at sufferance only, commencing on immediately prior to such holding over for the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-of such holding over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be and one hundred percent fifty (150%) of the total monthly rental for the month immediately preceding the date of terminationthereafter. The acceptance Acceptance by Landlord of monthly hold-over rental in a lesser amount Rent after the expiration or termination of this Lease shall not constitute a waiver 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 right consent, such holding over may compromise or otherwise affect Landlord’s ability to recover enter into new leases with prospective tenants regarding the full amount due unless otherwise agreed in writing by LandlordPremises. If Therefore, if Tenant fails to surrender the Premises upon the expiration or other termination of this Lease despite demand Lease, then, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityLosses resulting from such failure, including including, without limitationlimiting the generality of the foregoing, any claims made by any succeeding tenant relating to founded upon such failure to surrendersurrender and any lost profits to Landlord 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 written notice of Landlord’s entry into a lease or other agreement that will give rise to such claims. The foregoing provisions of this Section Paragraph are in addition to to, and do not affect affect, Landlord’s right of re-entry to reentry or any other rights of Landlord under this Lease hereunder or at provided by law.

Holding Over. This Lease Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall terminate without further notice upon the expiration of the Termbe only a Tenant at sufferance, and whether or not Landlord accepts any Rent from Tenant or any other person while Tenant is 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 partieswithout Landlord's written consent. If Tenant holds over retains possession of the Premises or any portion thereof without Landlord's consent following the Lease expiration or sooner termination for any period after 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 of expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Leasealso indemnify, except that the monthly rental shall be one hundred percent (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 Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlorddefend, Tenant shall indemnify protect and hold Landlord harmless from all loss any loss, liability or liabilitycost, including reasonable attorney's fees, resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any the succeeding tenant relating founded on such delay. Acceptance of Rent by Landlord following expiration or earlier termination shall not constitute a renewal of this Lease, and nothing in this Section 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, 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 failure obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to surrendercomplete such obligations shall be considered a period of holding over and the terms of this section shall apply. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right 25 shall survive any expiration or earlier termination of re-entry or any other rights of Landlord under this Lease or at lawLease.

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant (directly or through any Transferee or other successor-in-interest of Tenant) remains in possession of the Term, and any holding over by Tenant Premises after the expiration or termination of this Lease, Tenant’s continued possession shall be on the basis of a tenancy at the sufferance of Landlord. No act or omission by Landlord, other than its specific written consent, shall constitute permission for Tenant to continue in possession of the Premises, and if such consent is given or declared to have been given by a court judgment, Landlord may terminate Tenant’s holdover tenancy at any time upon seven (7) days written notice. In such event, Tenant shall continue to comply with or perform all the terms and obligations of Tenant under this Lease, except that the monthly Base Rent shall be one hundred fifty percent (150%) of the Base Rent payable in the last full month prior to the termination hereof on a per diem basis for each day Tenant remains in possession for the first sixty (60) days of any such holdover period. Commencing on the sixty-first (61st) day, such rate shall be increased to two hundred percent (200%) of the Base Rent payable in the last full month prior to the termination hereof. Acceptance by Landlord of rent after such termination shall not constitute a renewal or extension of this Lease, or give Tenant any rights under ; and nothing contained in 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, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy provision shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred percent (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 Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect waive Landlord’s right of re-entry re‑entry or any other rights of Landlord under this Lease right hereunder or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that Landlord has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages (including a prospective tenant rescinding or refusing to enter into a prospective lease due to Landlord’s failure to timely deliver), that Landlord suffers from the holdover.

Holding Over. This Lease shall terminate without further notice upon the expiration Tenant will not be permitted to hold over possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this Leasethe Term without the express written consent of Landlord, or give Tenant any rights under this Lease, except when which consent Landlord may withhold in writing signed by both partiesits sole and absolute discretion. If Tenant holds over for any period after the expiration (or earlier termination) termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over such continued occupancy by Tenant shall be subject to all of the terms terms, covenants and conditions of this Lease, so far as applicable, except that the monthly rental 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 total monthly rental for the Monthly Base Rent in affect under this Lease from and after such three (3) month immediately preceding the date of terminationperiod, prorated on a daily basis. The acceptance Acceptance by Landlord of monthly hold-over rental rent after such expiration or earlier termination will not result in a lesser amount shall renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not constitute a waiver affect Landlord's right of Landlord’s right to recover the full amount due unless re-entry or any rights of Landlord under this Lease or as otherwise agreed in writing provided by Landlordlaw. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant shall indemnify agrees to promptly indemnify, protect, defend and hold Landlord harmless from all loss or liabilityclaims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including reasonable attorneys' fees and costs), including, without limitation, any reasonable costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant relating to such founded on or resulting from Tenant's failure to surrendersurrender the Premises. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right Subparagraph 11(b) will survive the expiration or earlier termination of re-entry or any other rights of Landlord under this Lease or at lawLease.

Holding Over. This Lease Should Tenant hold over after the Expiration Date or earlier termination of this Lease, Tenant shall terminate without further notice upon the expiration of the Term, become a tenant from month-to- month only and any such holding over by Tenant after the expiration shall not constitute a renewal or an extension of this Lease. During such holding over, or give Tenant any rights under this Lease, except when Xxxxxx's Minimum Rent as set forth in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination Section 3.1 of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy Lease shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one two hundred percent (150200%) of the total Minimum Rent in effect immediately prior to such hold over period (the “Holdover Rent”), plus all Additional Rent and plus the average monthly rental for Percentage Rent (if the month 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, Xxxxxxxx’s failure to provide or timely provide such notice or Landlord’s acceptance thereafter of the Minimum Rent in effect immediately preceding the date of termination. The acceptance by Landlord of monthly hold-over rental in a lesser amount prior to such holdover shall not constitute be deemed a waiver of Landlord’s right to recover collect any and all Holdover Rent owed it from and after the full amount due unless otherwise agreed in writing by Landlordcommencement of such holdover. If Should Tenant fails to surrender the Premises upon the expiration hold over for any portion of this Lease despite demand to do so by Landlorda month, Tenant shall indemnify and 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 Landlord harmless from all loss over following the Expiration Date; or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and do not (b) affect Landlord’s right rights of re-entry or any other rights of Landlord under hereunder or as otherwise provided by law. Tenant shall indemnify, protect, defend (by counsel approved in writing by Xxxxxxxx and, as applicable, Xxxxxxxx's insurance carrier) and hold Landlord harmless from and against any and all claims, judgments, suits, causes of action, damages, losses, liabilities and expenses (including reasonable attorneys' fees and court costs) resulting from such failure to surrender, including, without limitation, any claim made by any succeeding tenant based thereon. The foregoing indemnity shall survive the expiration or earlier termination of this Lease or at lawLease.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term, Landlord maySubtenant shall, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this LeaseSublease by lapse of time or otherwise, yield up immediate possession to Sublandlord with all repairs and maintenance required herein to be performed by Subtenant completed. HoweverShould Subtenant continue to hold the Subleased Premises and/or the FF&E after the expiration or earlier termination of this Sublease, should Landlord accept or after reentry by Sublandlord without terminating this Sublease, such holding over, unless otherwise agreed to by Sublandlord in writing, shall constitute and be construed as a tenancy at sufferance and not a tenancy at will. Subtenant shall have no right to notice under Official Code of Georgia Annotated §44-7-7 of the payment termination of its tenancy. Subtenant shall pay monthly holdinstallments of Rent equal to one hundred twenty-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty five percent (30125%) of the monthly portion of Rent in effect as of the date of expiration or earlier termination for the first ninety (90) days prior written notice to the other party. Any hold-of such holding over by Tenant shall be and one hundred fifty percent (150%) thereafter, and subject to all of the terms other terms, charges and expenses set forth herein. Subtenant shall also be liable to Sublandlord for all damage which Sublandlord suffers because of this Leaseany holding over by Subtenant, except that the monthly rental shall be one hundred percent (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 Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant and Subtenant shall indemnify and hold Landlord harmless from Sublandlord against all loss or liability, including without limitation, any claims made by any succeeding other tenant relating or prospective tenant against Sublandlord resulting from delay by Sublandlord in delivering possession of the Subleased Premises and/or the FF&E to such failure other tenant or prospective tenant. No holding over by Subtenant, whether with or without consent of Sublandlord shall operate to surrenderextend the Term except as otherwise expressly provided in a written agreement executed by both Sublandlord and Subtenant. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right 32 shall survive the expiration or earlier termination of re-entry or any other rights of Landlord under this Lease or at lawSublease.

Holding Over. This Lease shall terminate without further notice upon at the expiration of the Lease Term, and any . Any holding over by Tenant after expiration of the expiration Lease Term shall not constitute a renewal or extension of this Lease, the Lease or give Tenant any rights under this Leasein or to the Premises, except when as expressly provided in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Any holding over after such expiration with the written consent of Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected construed to be a tenancy from month to month on the same terms and neither party conditions herein specified insofar as applicable, except that Base Monthly Rent shall terminate this Lease without thirty (30) days prior written notice be increased to the other partygreater of: 1. Any hold-over by 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 commencing after the end of the Lease Term, providing that Landlord gives Tenant shall be subject to all written Notice of the terms of this Leasesuch lease within sixty 60 days of the end of any Lease term (the “Relet Notice”). Should Landlord provide the Relet Notice, except that in addition to the monthly rental Rent set forth in Subsection 2 above, the Tenant shall be one hundred percent (150%) of the total monthly rental liable for the month immediately preceding the date of termination. The acceptance any damages incurred by Landlord of monthly hold-over rental in a lesser amount shall not constitute a waiver of (other than rents recovered under Section C.2 above) due to Landlord’s right inability to recover the full amount due unless otherwise agreed in writing by Landlord. If Tenant fails to surrender deliver the Premises upon to any proposed tenant identified in the expiration Relet Notice pursuant to the terms of any lease between Landlord and tenant identified in the Relet Notice, and shall fully indemnify Landlord as set forth in Section 10.B as to any claims arising from Tenant’s failure to vacate the Premises in compliance with the terms 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, at the end of any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawstated Term.

Holding Over. This Lease X. Xxxxxx agrees that if for any reason Tenant or any subtenant of Tenant shall terminate without further notice upon fail to vacate and surrender possession of the Premises or any part thereof on or before the expiration or earlier termination of this Lease and 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) then Xxxxxx’s continued possession of the Term, Landlord may, at its option, treat Tenant Premises shall be as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected tenancy, during which time, without prejudice and neither party shall terminate this Lease without thirty in addition to any other rights and remedies Landlord may have hereunder or at law, Tenant shall: (301) days prior written notice pay to Landlord an amount (the “Holdover Amount”) equal to 50 percent of the Base Rent in addition to the regularly recurring Rent payable hereunder prior to such termination and (2) comply with all other party. Any hold-over by Tenant shall be subject to all of the terms and conditions of this Lease, except that the monthly rental . The provisions of this section shall not in any way be one hundred percent deemed to (150%i) permit Tenant to remain in possession of the total monthly rental for Premises after the month immediately preceding Expiration Date or sooner termination of this Lease or (ii) imply any right of Tenant to use or occupy the date Premises upon expiration or termination of termination. The this Lease and the Term, and no acceptance by Landlord of monthly hold-payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this section. Landlord waives no rights against Tenant by reason of accepting any holding over rental in a lesser amount shall not constitute a waiver of Landlord’s by Xxxxxx, including without limitation the right to recover the full amount due unless otherwise agreed in writing terminate such month-to-month tenancy as provided by Landlord. If Tenant fails to surrender the Premises upon law at any time after the expiration of the Term and any right to damages in the event that Xxxxxx’s holding over causes Landlord to suffer any loss. Tenant’s obligations under this Lease despite demand section shall survive the expiration or earlier termination of this Lease. B. Notwithstanding anything herein to do so by Landlordthe contrary, Tenant shall indemnify and hold save Landlord harmless from against all costs, claims, loss or liabilityliability resulting from delay by Tenant in surrendering the Premises upon expiration or sooner termination of the Term, including including, without limitation, any claims made by any succeeding tenant relating founded on such delay or any lost profits, losses, costs, expenses or liability payable to such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawtenant as a result thereof.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any 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, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Lease with the written consent of Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice construed to the other party. Any hold-over by Tenant shall be subject a tenancy from month to all of the terms of this Lease, except that the monthly rental shall be month at one hundred percent and fifty (150%) of the total monthly rental for the month immediately preceding rent as adjusted, in effect on the date of such expiration or 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 acceptance by Landlord provisions of monthly hold-over rental this paragraph 25 are in a lesser amount shall addition to, and do not constitute a waiver of affect, Landlord’s right to recover the full amount due unless otherwise agreed in writing of reentry or other rights hereunder or provided by Landlordlaw. If Tenant fails to surrender shall retain possession of the Premises upon or any part thereof without Landlord’s consent following the expiration or sooner termination of this Lease despite demand to do so by Landlordfor any reason, then Tenant shall pay to Landlord for each day of such retention at one hundred fifty (150%) the amount of the daily rental in effect during the last month prior to the date of such expiration or termination. Tenant shall also indemnify and hold Landlord harmless from all loss or liabilityany loss, including liability and expense (including, but not limited to, attorneys fees) resulting from delay by Tenant in surrendering the Premises, including, without limitation, limitation any claims made by any succeeding tenant relating founded on such delay, provided, however, as a condition to such failure Tenant’s indemnity obligations under this sentence, Landlord shall give Tenant written notice of the existence of a prospective successor tenant for the Premises or any portion thereof, or the existence of any other matter which might give rise to surrender. The a claim by Landlord under the foregoing provisions indemnity, by the earlier of at least thirty (30) days prior to the date Landlord shall require Tenant’s surrender of the Premises or the expiration date of this Section are Lease, and Tenant shall not be responsible to Landlord under the foregoing indemnity if Tenant shall surrender the Premises on or prior to the expiration of such period. Acceptance of rent by Landlord following expiration or termination shall not constitute a renewal of this Lease and nothing contained in addition to and do not affect this paragraph shall waive Landlord’s right of to re-entry or any other rights of right. Tenant shall be only a Tenant at sufferance, whether or not Landlord under this Lease or at lawaccepts any rent from Tenant, while Tenant is holding over without Landlord’s written consent.

Holding Over. This Lease shall terminate without further notice upon the expiration If Sublessee (directly or through any transferee or other successor-in-interest of Sublessee) remains in possession of all or any part of the TermPremises after the Sublease Expiration Date or earlier termination of this Sublease, such holding over, in the absence of an express written agreement to the contrary, shall be on the basis of a tenancy at the sufferance of Sublessor. 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 terminable by Sublessor at any holding time and rent shall be paid for each month (or portion thereof) during which Sublessee holds over by Tenant in the Premises after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. HoweverSublease, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice in an amount equal to the other party. Any hold-over by Tenant shall be subject to all 200% of the terms monthly Base Sublease Rent due under this Sublease, plus all other amounts that would otherwise have been payable as Additional Rent had the Sublease Term continued through the period of this Lease, except that the monthly rental shall be one hundred percent (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 Landlordsuch holding over. If Tenant Sublessee fails to surrender the Premises upon on the expiration Sublease Expiration Date or earlier termination of this Lease despite demand Sublease, in addition to do so by Landlordany other liabilities to Sublessor accruing therefrom, Tenant Sublessee shall indemnify and hold Landlord Sublessor harmless from all loss or liabilityliability resulting from such failure, including without limitationlimitation (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 relating to or other third party based upon such failure to surrenderfailure. This indemnification obligation shall survive the expiration or earlier termination of this Sublease. The foregoing provisions of this Section 4.12 are in addition to and do not affect Landlordlimit Sublessor’s right of re-entry rights or any other rights of Landlord Sublessee’s obligations under this Lease or at lawSublease.

Holding Over. This Lease shall terminate without further notice upon on the expiration of the Term, and any Lease Expiration Date. Any holding over by Tenant after expiration of the expiration Lease Term shall not neither constitute a renewal or nor extension of this Lease, or Lease nor give Tenant any rights under in or to the Premises except as expressly provided in this Lease, except when Section 13.2. Any such holding over to which Landlord may expressly consent in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as shall be construed to be a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a tenancy from month-to-month tenancy shall be deemed effected month, on the same terms and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Leaseconditions herein specified insofar as applicable, except that the monthly rental Base Monthly Rent shall be increased to an amount equal to one hundred fifty percent (150%) of the total monthly rental for Base Monthly Rent payable during the last full month immediately preceding the date of termination. The acceptance by Landlord of monthly hold-over rental in a lesser amount Lease Expiration Date and Tenant shall not constitute a waiver of have any rights whatsoever under Article 15 below. Tenant acknowledges that if Tenant holds over without Landlord’s 's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. In addition to all other rights and remedies that Landlord has under this Lease or at law or in equity (including, without limitation, the right to recover evict Tenant and regain possession of the full amount due unless otherwise agreed Premises in writing by Landlord. If accordance with applicable Law), if Tenant fails to surrender the Premises upon the expiration or earlier termination of this Lease despite demand to do so by LandlordLease, Tenant shall defend, indemnify and hold Landlord harmless from and against all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such Adverse Consequences resulting from Tenant's failure to surrender. The foregoing provisions surrender the Premises (in the condition required by this Lease) on or before the expiration or sooner termination of this Section are Lease, except that Tenant shall not be required to indemnify Landlord for any lost rents with respect to the Premises if Tenant surrenders the Premises (in addition the condition required by this Lease) prior to and do not affect Landlord’s right the sixtieth (60th) day after the expiration or sooner termination of re-entry or any other rights of Landlord this Lease. Tenant's obligations under this Lease Section 13.2 shall survive the expiration or at lawsooner termination of this Lease.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the TermTerm without the prior written consent of Landlord, Landlord may, at its option, treat Tenant as such possession shall constitute a tenant tenancy at sufferance only, only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected Lease and neither party shall terminate this Lease without terminating thirty (30) days prior following delivery of written notice of termination by either Landlord or Tenant to the other partyother. Any hold-over by Tenant In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly rental Basic Rent shall be one two hundred percent (150200%) of the total monthly rental greater of (a) the Basic Rent for the month immediately preceding the date of termination. The acceptance by Landlord of monthly hold-over rental termination or (b) the men currently scheduled Basic Rent for comparable space 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 LandlordProject. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord under this Lease or at law.,

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding Should Tenant hold 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, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the sooner termination of this Lease. HoweverSublease with Landlord’s prior written consent, should Landlord accept the payment of monthly hold-over rent such possession by Tenant, then Tenant shall be 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 shall be deemed effected and neither party shall terminate this Lease without terminable upon not less than thirty (30) days prior days’ written notice given by either Landlord or Tenant at any time. During such holding over, Tenant shall pay in advance monthly Base Rent equal to the greater amount of: a) the product of the 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 established under the Sublease for the last month of the Term of the Sublease. In addition, Tenant shall pay any Additional Rent as set forth in Section 5 and any other partycharges payable under the Sublease during the period in which Tenant holds over. Any hold-The foregoing provisions of this 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 constitute Landlord’s consent to any holding over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred percent (150%) of the total monthly rental for the month immediately preceding the date of terminationTenant. The acceptance terms and conditions of Tenant’s holding over may be changed by Landlord of monthly hold-over rental in a lesser amount shall upon not constitute a waiver of Landlord’s right to recover the full amount due unless otherwise agreed in writing by Landlordless than thirty (30) days’ written notice. If Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease Sublease despite written demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss losses or liability, including without limitation, any claims claim made by any succeeding tenant relating to founded on or resulting from such failure to surrender. The foregoing provisions , any loss of this Section are in addition rent from prospective tenants, and any reasonable attorneys’ fees and legal costs incurred and paid by Landlord to and do not affect enforce Landlord’s right of re-entry rights hereunder, whether or any other rights of Landlord under this Lease or at lawnot a legal action is filed.

Holding Over. This Lease If Tenant, with Landlord’s prior written consent, shall terminate without further notice upon the expiration be in possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal Termination Date 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, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then Lease such occupancy shall be deemed to be under a month-to-month tenancy tenancy, which shall be deemed effected and neither continue until either party shall terminate this Lease without provides thirty (30) days prior days’ written notice to the other party. Any hold-over by Tenant that the notifying party elects to terminate the tenancy, in which event the tenancy shall be subject to all terminate at the end of the terms of this Lease, except that the monthly rental thirty (30) day period. The Base Rent during such tenancy shall be equal one hundred twenty five (125%) percent of the Base Rent for the Lease Year during which expiration or termination of the Term occurred. If, without Landlord’s prior written consent, Tenant continues to occupy the Premises after this Lease is terminated or expires, without altering or impairing any of Landlord’s rights under this Lease or applicable law or implying any right to remain in possession, Tenant agrees to pay to Landlord as Base Rent for the Premises until the Tenant surrenders possession of the Premises to Landlord, a sum equaling one hundred fifty (150%) percent of the total amount of monthly rental Base Rent 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 LandlordLease Year during which termination or expiration occurred. If Tenant fails to surrender occupies the Premises upon after the expiration of this Lease despite demand to do so by is terminated or expires without having obtained Landlord’s prior written consent, Tenant shall agrees to protect, defend, indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made Claims asserted against Landlord by any succeeding tenant relating to such reason of Landlord’s failure to surrender. The foregoing provisions deliver the Premises to or make the Premises available for a subsequent tenant of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawthe Premises.

Holding Over. This Lease shall terminate without further notice upon Tenant 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 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, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred percent (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 Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold save Landlord harmless from all costs, claims, loss or liabilityliability resulting from the failure or delay by Tenant in so surrendering the Land and Improvements, including including, without limitation, any claims made by any succeeding tenant relating to founded on such failure to surrenderor delay. The foregoing provisions parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to surrender possession of this the Land and Improvements as required by Section are 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 the Term, then Tenant shall pay 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 sum equal to 1.5 times the Prevailing Rent, as pro-rated for the period of the hold over, as reasonably determined by Landlord. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Land and/or Improvements after the expiration or sooner termination of the Term. If Tenant holds over in possession after the expiration or termination of the Term, such holding over shall not be deemed to extend the Term or renew this Lease, but the tenancy shall be from month to month upon the terms and do not affect Landlord’s right conditions of re-entry or any other rights of Landlord under this Lease at the Prevailing Rent as reasonably determined by Landlord. This provision shall survive the expiration or at lawearlier termination of this Lease.

Holding Over. This Lease shall terminate without further notice upon at the expiration expiration, or earlier termination pursuant to the terms hereof, of the Lease Term, and any . Any holding over by Tenant after the expiration Lease Termination shall not constitute a renewal or extension of this Leasethe Lease Term, or nor give Tenant any rights under this Lease, in or to the Premises except when as expressly provided in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Any holding over after Lease Termination with the prior written consent of Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice construed to the other party. Any hold-over by Tenant shall be subject a tenancy from month to all of the terms of this Leasemonth, except that the monthly rental shall be at one hundred fifty percent (150%) of the total monthly rental 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 date terms and conditions herein specified insofar as applicable. Tenant agrees that the reasonable value of terminationthe use of the Premises 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). The acceptance Acceptance by Landlord of monthly hold-over rental in a lesser amount rent after such termination shall not constitute a waiver of Landlord’s right consent to recover the full amount due unless otherwise agreed any hold over hereunder or result in writing by Landlorda renewal. If Tenant fails to surrender remains in possession of the Premises upon the expiration of this after Lease despite demand to do so by Termination without Landlord’s consent, Tenant shall indemnify indemnify, defend and hold Landlord harmless from all loss and against any loss, damage, expense, claim or liabilityliability resulting from Tenant’s failure to surrender the Premises, including without limitation, any claims made by any succeeding tenant relating to such failure to surrenderbased on delay in the availability of the Premises. The foregoing provisions of this Section are 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 during the Permitted Holdover Period (if applicable), Tenant shall pay in advance, for each thirty (30) 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 and do be made by Tenant under this Lease, including, but not affect Landlordlimited to, Tenant’s right percentage share of re-entry Operating Expenses (or any other rights component(s) thereof). If Landlord fails to receive the six (6) months’ written notice from Tenant required pursuant to the first sentence of Landlord under this Lease grammatical above, or at lawTenant holds over in the Premises beyond the Permitted Holdover Period (if applicable), then, in either such case, the first grammatical paragraph of this Paragraph 21 shall govern.

Holding Over. This Lease shall terminate without further notice upon If Tenant, or any assignee or subtenant of Tenant, holds over possession of the Premises beyond the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension earlier termination of this Lease, such holding over will not be deemed to extend the Term or give Tenant any rights under renew this LeaseLease but such holding over will continue upon the terms, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination covenants and conditions of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred percent (150%) charge for use and occupancy of the total monthly rental 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 (1½) times the Basic Rent and Additional Rent payable for the month immediately preceding the date expiration or earlier termination of terminationthis Lease for the first thirty (30) days 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 acceptance parties recognize and agree that the damage to Landlord resulting from any failure by Landlord Tenant or any assignee or subtenant of Tenant to timely surrender possession of the Premises will exceed the amount of the monthly hold-over rental in a lesser amount shall not constitute a waiver of Landlord’s right Basic Rent and Additional Rent and will be impossible to recover the full amount due unless otherwise agreed in writing by Landlordaccurately measure. If Tenant fails to surrender the Premises are not surrendered upon the expiration or earlier termination of this Lease despite demand to do so by LandlordLease, Tenant shall indemnify indemnify, defend and hold harmless Landlord harmless from against any and all loss or liabilitylosses and liabilities resulting therefrom, including including, without limitation, any claims made by any succeeding tenant relating 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 failure executed lease. Nothing contained in this Lease will be construed as a consent by Landlord to surrenderthe 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 prosecuting a holdover or summary eviction proceeding and this provision shall be deemed to be an agreement expressly “providing otherwise” within the meaning of Section 232-c of the Real Property Law of the State of New York. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right Article 24 will survive the expiration or earlier termination of re-entry or any other rights of Landlord under this Lease or at lawLease.

Holding Over. This Lease shall terminate without further notice upon at the expiration of the Lease Term, and any . Any holding over by Tenant (or any Tenant Related Parties) after the expiration Lease Termination shall not constitute a renewal or extension of this Leasethe Lease Term, or nor give Tenant any rights under in or to the Premises except as expressly provided in this Lease, except when in writing signed by both parties. If Tenant holds over for any period after termination of this Lease without the expiration (or earlier termination) express written consent of the TermLandlord, Landlord may, at its option, treat Tenant as shall become a tenant at sufferance only, commencing on . Tenant agrees that the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all reasonable value of the terms use of this Lease, except that the monthly rental Premises during any such holding over without consent shall be one hundred twenty-five percent (150%) of the total monthly rental for the month immediately preceding Base Rent in effect upon the date of terminationsuch termination (without regard to any abatement of 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). The acceptance Acceptance by Landlord of monthly hold-over rental in a lesser amount rent after such termination shall not constitute a waiver of Landlord’s right to recover the full amount due unless otherwise agreed hold over hereunder or result in writing by Landlorda renewal. If Tenant fails to surrender remains in possession of the Premises upon after Lease Termination and Landlord has provided at least thirty (30) days advance written notice to Tenant that Landlord has entered into a new lease with a new tenant covering the expiration of this Lease despite demand to do so by LandlordPremises, or applicable part thereof, then and only then, Tenant shall indemnify indemnify, defend and hold Landlord harmless from all loss and against any loss, damage, expense, claim or liabilityliability resulting from Tenant’s failure to surrender the Premises, including without limitation, any claims made by any succeeding tenant relating based on delay in the availability of the Premises; provided, however, in no event shall the foregoing be construed as requiring Tenant to such failure indemnify Landlord for any loss, damage, expense, claim or liability to surrenderthe extent caused by the negligence or willful misconduct of Landlord or its respective employees, contractors or agents. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right Paragraph 21 shall survive the expiration or earlier termination of re-entry or any other rights of Landlord under this Lease or at lawLease.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any 1.1 Any holding over by Tenant after the expiration or other termination of the Lease Term without the express written consent of Landlord delivered to Tenant shall not constitute be construed to be a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both partiestenancy at sufferance. If Tenant holds Any holding over for any period after the expiration (or earlier termination) other termination of the Term, Lease Term with the express written consent of Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice delivered to the other party. Any hold-over by Tenant shall be subject construed to be a tenancy from month to month only, and shall be on all of the terms of this Leaseset forth herein, except that the monthly rental Base Rent shall be an amount equal to one hundred fifty percent (150%) of the total monthly rental Base Rent payable for the last full month immediately preceding of the date Lease Term (without giving consideration to any period of terminationabatement arising as a result of the occurrence of any casualty or for any other reason). The acceptance Acceptance by Landlord of monthly hold-over rental in a lesser amount any rent after the expiration or termination of this Lease shall not constitute a waiver consent by Landlord to any such tenancy from month to month or result in any other tenancy or any renewal of Landlordthe Lease Term. The provisions of this section are in addition to, and do not affect, Xxxxxxxx’s right to recover the full amount due unless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or other rights hereunder or provided by law. 1.2 Tenant shall indemnify, defend and hold Landlord and the Landlord Parties harmless from and against all claims, demands, liabilities, damages, losses, costs and expenses, including, without limitation, attorneys’ fees, incurred by or asserted against Landlord or the Landlord Parties and arising directly or indirectly from Tenant’s failure to timely surrender the Premises, including but not limited to (i) any rent payable by or any loss, cost, or damages, including lost profits, claimed by any prospective tenant of the Premises or any portion thereof, and (ii) Landlord’s damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of the Premises or any portion thereof by reason of such failure to timely surrender the Premises; provided, however, as a condition to Tenant’s obligations under this Section 26.2, Landlord shall give Tenant written notice of the existence of a prospective successor tenant for the Premises or any portion thereof, or the existence of any other rights of matter which might give rise to a claim by Landlord under the foregoing indemnity, at least thirty (30) days prior to the date Landlord shall require Xxxxxx’s surrender of the Premises, and Tenant shall not be responsible to Landlord under the foregoing indemnity if Tenant shall surrender the Premises on or prior to the expiration of such thirty (30) day period (it being agreed, however, that Landlord need not identify the prospective tenant by name in its notice, and it being further agreed that such notice may be given prior to the scheduled expiration date of this Lease or at lawLease).

Holding Over. This Lease shall terminate without further notice If Tenant should fail to vacate the Premises upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension termination of this Lease, or give with Landlord's approval Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then shall become a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be Tenant, subject to all laws of the District of Columbia applicable to such tenancy and to the terms and conditions of this Lease, except that the so far as applicable. The monthly rental rent to be paid Landlord by Tenant during such continued occupancy shall be an amount equal to one hundred percent and one-half (150%1 1/2) of times the total monthly rental rent (which shall include Basic Rent and Additional Rent) being paid for the month immediately preceding the date Lease expires or is terminated. Notwithstanding the foregoing, if Tenant remains in occupancy without the consent of termination. The acceptance Landlord, after expiration or termination of this Lease, no receipt of money by Landlord of monthly hold-over rental in a lesser amount from Tenant shall not constitute a waiver of Landlord’s reinstate or extend this Lease or affect any prior notice given by Landlord to Tenant. Landlord shall have the right to recover 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 full amount due unless otherwise agreed in writing of rent that would have been collected by LandlordLandlord 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. If Moreover, if Tenant fails to surrender the Premises upon the expiration or termination of this Lease Lease, despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liabilityliability including, including without limitation, any claims loss of rent or any claim made by any succeeding tenant relating to or prospective tenant founded on or resulting from such failure to surrender. The foregoing In the 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 Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawLease.

Holding Over. This Lease shall terminate without further notice upon If Tenant remains in possession of the Demised Premises after the expiration of the Lease Term, except as otherwise provided in the Option Agreement (as hereinafter defined), such possession shall be as a tenant at sufferance. During such occupancy, rent shall be payable equal to 150% times the monthly amount of Annual Rent payable during the last month of the Lease Term, and the provisions of this Lease shall be applicable and continue in full force and effect. However, Landlord's acceptance of any holding over by Tenant after rent payments and the expiration terms of this Section 4.4 shall not constitute a renewal or extension of this Lease, 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 right to continue to occupy the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing Land on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to basis or otherwise. Notwithstanding the other party. Any hold-over by foregoing, if Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred percent (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 Tenant fails is unable to surrender the Demised Premises upon because Landlord fails to provide a qualified and duly licensed operator (a "Proper Successor") for the expiration Facility at the end of this the Lease despite demand Term to do so by Landlordtake over the operation and management of the Facility, Tenant shall indemnify have the right, but shall not be obligated to, remain in possession of the Demised Premises and hold 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 Facility would jeopardize its (or its affiliates') reputation as a provider of 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 Demised Premises pursuant to the immediately preceding sentence, Tenant shall (a) pay to Landlord harmless from all loss or liability, including without limitation, any claims made as gross rent during such occupancy 90% the Annual Rent payable by any succeeding tenant relating Tenant in the last Lease Year of the Lease Term and (b) surrender possession of the Demised Premises within ten (10) days after Landlord provides a Proper Successor to such failure to surrender. The foregoing provisions take over the operation and management of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawthe Facility.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the TermTerm without the prior written consent of Landlord, Landlord may, at its option, treat Tenant as such possession shall constitute a tenant tenancy at sufferance only, only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected Lease and neither party shall terminate this Lease without terminating thirty (30) days prior following delivery of written notice of termination by either Landlord or Tenant to the other partyother. Any hold-over by Tenant In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly rental Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the total monthly rental 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 hold-over 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 failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease The Tenant shall terminate without further notice upon have no right to remain in possession after the Termination Date. If the Tenant shall occupy the Demised Premises after the expiration of this Lease with the Termconsent of the 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 any holding over by Tenant after the expiration rent is accepted and collected from said Tenant, such occupancy and payment shall not constitute a renewal or be construed as an extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over Lease for any period after the expiration (or earlier termination) a term of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance month-to-month only, commencing on from the first (1st) day following 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. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy party so desiring to terminate the same shall be deemed effected and neither give the other party shall terminate this Lease without thirty (30) days prior days' written notice to that effect. If such occupancy continues after the other partyaforesaid notice of termination, or if Tenant shall continue its occupancy after the Termination Date without obtaining Landlord's written consent, Tenant shall pay 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 diem basis, Tenant retains possession of the Demised Premises or any part thereof after termination of the term, together with all costs, expenses and damages incurred by Landlord and its agents to obtain possession from Tenant. Any hold-over by Furthermore, if such occupancy continues after the aforesaid notice of termination, or if Tenant shall continue its occupancy after the Termination Date without obtaining Landlord's written consent, Tenant shall be subject liable to all Landlord for any loss of rents and/or liability sustained by Landlord or its agents in connection with any subsequent tenancy which may have intended to occupy said Demised Premises at the expiration of the terms of this Lease, except that the monthly rental shall be one hundred percent (150%) of the total monthly rental for the month immediately preceding the date of terminationterm herein. The acceptance of rent and/or additional rent by Landlord of monthly hold-over rental in a lesser amount shall not constitute be deemed to create a waiver of Landlord’s right to recover the full amount due 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 new or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any additional tenancy other rights of Landlord under this Lease or at lawthan aforesaid.

Holding Over. This Lease shall terminate without further notice upon the expiration Tenant will not be permitted to hold over possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this Leasethe Term without the express written consent of Landlord, or give Tenant any rights under this Lease, except when which consent Landlord may withhold in writing signed by both partiesits sole and absolute discretion. If Tenant holds over for any period after the expiration (or earlier termination) termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over such continued occupancy by Tenant shall be subject to all of the terms terms, covenants and conditions of this Lease, so far as applicable, except that the monthly rental Monthly Base Rent for any such holdover period shall be equal to one hundred twenty-five percent (150125%) of the total Monthly Base Rent in effect under this Lease immediately prior to such holdover, prorated on a monthly rental basis; provided, however, holdover rent for the month immediately preceding first thirty (30) days of the date holdover will not be prorated and a minimum of terminationa full month's worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. The acceptance Acceptance by Landlord of monthly hold-over rental rent after such expiration or earlier termination will not result in a lesser amount shall renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not constitute a waiver affect Landlord's right of Landlord’s right to recover the full amount due unless re-entry or any rights of Landlord under this Lease or as otherwise agreed in writing provided by Landlordlaw. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant shall indemnify agrees to promptly indemnify, protect, defend and hold Landlord harmless from all loss or liabilityclaims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, any costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant relating to such founded on or resulting from Tenant's failure to surrendersurrender the Premises. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right Subparagraph 11(b) will survive the expiration or earlier termination of re-entry or any other rights of Landlord under this Lease or at lawLease.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the TermTerm without the prior written consent of Landlord, Landlord may, at its option, treat Tenant as such possession shall constitute a tenant 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. HoweverIn either of such events, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant possession shall be subject to all of the terms of this Lease, except that the monthly rental Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the total monthly rental Basic Rent for the month immediately preceding the date of termination. The acceptance by Landlord termination for the initial three (3) months of monthly hold-over rental 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 then currently scheduled Basic Rent for comparable space 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 LandlordProject. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender, provided Tenant has been notified in writing by Landlord prior to the expiration of the Term of such succeeding tenant. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect the Landlord’s 's right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant fails to deliver possession of the TermPremises on the Termination Date, and any holding but holds over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. HoweverLease without the express prior written consent of Landlord, should Landlord accept the payment of monthly hold-over rent by Tenant, then such tenancy shall be construed as a tenancy from month-to-month tenancy shall be deemed effected on the same terms and neither party shall terminate this Lease without conditions as are contained herein, except that the Fixed Monthly Rent payable by Tenant during the first thirty (30) days of holding over (the “Initial Holdover Period”) 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 written notice to the other partydate when Tenant commences such holding over (the “Holdover Rent”). Any hold-over by Tenant After the expiration of the Initial Holdover Period, the Holdover Rent shall be subject increased to all of the terms of this Lease, except that the monthly rental shall be one hundred fifty percent (150%) of the total monthly rental Fixed Monthly Rent payable by Tenant for the calendar month immediately preceding prior to the date when Tenant commenced such holding over. Such Holdover Rent shall be paid during such period as Tenant retains possession of terminationthe Premises. The However, Tenant’s payment of such Holdover Rent, and Landlord’s acceptance by Landlord of monthly hold-over rental in a lesser amount thereof, shall not constitute a waiver by Landlord of any of Landlord’s right rights or remedies with respect to recover such holding over, nor shall it be deemed to be a consent by Landlord to Tenant’s continued occupancy or possession of the full amount due unless otherwise agreed in writing by LandlordPremises past the time period covered Tenant’s payment of the Holdover Rent. If Furthermore, if Tenant fails to surrender deliver possession of the Premises to Landlord upon the expiration or earlier termination of this Lease despite demand Lease, and Landlord has theretofore notified Tenant in writing that Landlord requires possession of the Premises for a succeeding tenant, then, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityloss, costs (including reasonable attorneys’ fees and expenses) and liability resulting from such failure, including without limitationlimiting the foregoing, any claims made by any succeeding tenant relating to such arising out of Tenant’s failure to so surrender, and any lost profits to Landlord resulting therefrom. The foregoing Notwithstanding the provisions contained hereinabove regarding Tenant’s liability for a continuing holdover, Landlord agrees to use commercially reasonable efforts to insert into any future lease of this Section are in addition another tenant proposing to and do not affect Landlordoccupy the Premises provisions permitting mitigation of Tenant’s right damages arising out of re-entry or any other rights of Landlord under this Lease or at lawTenant’s temporary holdover.

Holding Over. This Lease Unless Landlord expressly consents in writing to Tenant’s holding over, Tenant shall terminate be unlawfully and illegally in possession of the Premises, whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises without further notice upon Landlord’s written consent. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal this Lease 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 sooner termination for any period after reason, then Tenant shall pay to Landlord for each day of such retention one hundred twenty five percent (125%) of daily rental as of the last month prior to the date expiration (or earlier terminationtermination for the first thirty (30) days, two hundred percent (200%) of daily rental as of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on last month prior to the first (1st) day following date of expiration or earlier termination for the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without next thirty (30) days prior written notice to and then triple the other party. Any hold-over by Tenant shall be subject to all amount of daily rental as of the terms of this Lease, except that the monthly rental shall be one hundred percent (150%) of the total monthly rental for the last month immediately preceding prior to the date of expiration or earlier 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 Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify also indemnify, defend, protect and hold Landlord harmless from all loss any loss, liability or liabilitycost, including consequential and incidental damages and reasonable attorneys’ fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any the succeeding tenant relating to founded on such failure to surrenderdelay. The foregoing provisions Acceptance of Rent by Landlord following expiration or earlier termination of this Section are Lease, or following demand by Landlord for possession of the Premises, shall not constitute a renewal of this Lease, and nothing contained in addition to and do not affect this Paragraph 25 shall waive Landlord’s right of re-entry reentry or any other rights right. Additionally, if upon expiration or earlier termination of this Lease, or following demand by Landlord under 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 Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant’s sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. The provisions of this Paragraph 25 shall survive any expiration or at lawearlier termination of this Lease.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term, Landlord maywill, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this LeaseLease by lapse of time or otherwise, surrender immediate possession to Landlord. HoweverIf Landlord agrees in writing that Tenant may hold over after the expiration or termination of this Lease and if the parties do not otherwise agree, should Landlord accept the payment of monthly hold-hold over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without subject to termination by Landlord at any time upon not less than five (5) days advance written notice, or by Tenant at any time upon not less than thirty (30) days prior advance written notice to the other partynotice. Any hold-over by Tenant shall be subject to Further, all of the terms and provisions of this Lease shall be applicable during the hold over period, except that Tenant shall pay Landlord from time to time upon demand, as Base Rent for the period of any hold over, an amount equal to 125% of the Base Rent in effect on the date of termination, computed on a daily basis for each day of the hold over period, plus all additional Rent and other sums due hereunder. If Tenant shall fail immediately to surrender possession of the Leased Premises to Landlord upon termination of this Lease, except that by lapse of time or otherwise, and Landlord has not agreed to such continued possession, as above provided, then, until Landlord can dispossess Tenant under the monthly rental terms hereof or otherwise, Tenant shall be one hundred percent (150%) of the total monthly rental pay Landlord from time to time upon demand, as Base Rent for the month immediately preceding period of any such hold over, an amount equal to twice the Base Rent in effect on the date of termination, computed on a daily basis for each day of the hold over period, plus all additional Rent and other sums due hereunder. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly agreed by the parties. 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 Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing preceding provisions of this Section are in addition Paragraph shall not be construed as Landlord's consent for Tenant to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawhold over.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any Any holding over by Tenant Subtenant after the expiration or termination of the Term shall not constitute a renewal be subject to the prior written approval of Sublessor, which approval may be granted or extension of this Lease, or give Tenant any rights under this Lease, except when withheld in writing signed by both partiesSublessor's sole discretion. If Tenant holds Sublessor shall consent to Subtenant's holding over, such holding over for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant shall be construed as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy subject to the rental terms and all other terms, conditions and obligations set forth in this Sublease. Sublessor may terminate any such month-to-month tenancy by giving Subtenant written notice to vacate, which notice may be given on any day during a month, and Subtenant shall be deemed effected and neither party shall terminate this Lease without vacate the Subleased Premises within thirty (30) days prior written notice after receipt of such notice. Sublessor hereby advises Subtenant of, and Subtenant acknowledges, the importance to the other party. Any hold-over by Tenant shall be subject to all Sublessor of regaining possession of the terms of this Lease, except that the monthly rental shall be one hundred percent (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 Tenant fails to surrender the Subleased Premises upon promptly at the expiration of this Lease despite demand Sublease. Therefore, in the event Subtenant shall fail to do so vacate the Subleased Premises at the expiration or earlier termination of this Sublease without having obtained Sublessor's prior written approval, or if Subtenant shall hold over with Sublessor's approval and subsequently shall fail to vacate the Subleased Premises within thirty (30) days after receipt of Sublessor's notice to vacate the Subleased Premises, then, in either such event, Sublessor, at its option, shall have the right to re-enter forthwith and take possession of the Subleased Premised without process or to institute proceedings for the eviction or removal of Subtenant and the recovery of possession of the Subleased Premises. In addition, at Sublessor's option, Subtenant's holding over shall be construed as a month-by-month tenancy subject to all the terms, conditions and obligations set forth in this Sublease, except that Base Rent payable by LandlordSubtenant shall equal 125% of the rent payable by Sublessor for the Subleased Premises under the Master Lease. Nothing in this paragraph or in this Sublease to the contrary shall limit Sublessor's remedies hereunder or Sublessor's right to recover damages from the Subtenant in the event Subtenant holds over in the Subleased Premises after the expiration of the Term, Tenant shall indemnify and hold Landlord harmless from all loss or liabilityincluding, including without limitation, any claims made by any succeeding tenant relating rent obligations for the ENTIRE Main Premises which Sublessor may incur pursuant to such failure the Master Lease as a result of Sublessor's inability to surrender. The foregoing provisions surrender the Main Premises to Master Lessor because of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or at lawSubtenant's holdover.

Holding Over. This Lease Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall terminate 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 further notice upon Landlord's written consent. If Tenant shall retain possession of the Premises or any portion thereof without Landlord's consent following the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal this Lease 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 sooner termination for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenantreason, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject pay to all Landlord for each day of the terms of this Lease, except that the monthly rental shall be such retention one hundred percent fifty (150%) of the total monthly amount of daily rental for as of the last month immediately preceding prior to the date of expiration or earlier 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 Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify also indemnify, defend, protect and hold Landlord harmless from all loss any loss, liability or liabilitycost, including reasonable attorneys' fees, resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any the succeeding tenant relating 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, 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 failure obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to surrendercomplete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right Paragraph 25 shall survive any expiration or earlier termination of re-entry or any other rights of Landlord under this Lease or at lawLease.