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 without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such 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 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 Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent the greater of: (125%a) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, as the case may beunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by , provided Landlord has given written notice to Tenant of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Leasesuch succeeding tenant. The foregoing provisions of this Section are in addition to and do not affect Landlord's ’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. 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 Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: of (Ia) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination or (iib) the then current Basic Rent fair market rental for comparable space in the Building or Project, as the case may bePremises. 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 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, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with will not be deemed to extend the prior written consent Term or renew this Lease but such holding over will continue upon the terms, covenants and conditions of Landlord shall constitute 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 monthliquidated sum equal to one-to-month tenancy commencing on twelfth (1/12th) of two (2) times the Basic Rent and Additional Rent for the Lease Year preceding the Expiration Date for the first thirty (1st30) day following days of such holdover period, and thereafter, two (2) times such Basic Rent and Additional Rent. Tenant shall remain obligated to continue to pay Additional Rent during any holdover period. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant or any assignee or subtenant of Tenant to timely surrender possession of the Premises will exceed the amount of the monthly Basic Rent and Additional Rent and will be impossible to accurately measure. In connection with any holdover, in no event shall Tenant, or any assignee or subtenant, be liable for any consequential damages unless Landlord gives Tenant written notice that the Premises have been leased to another Tenant after the Termination Date. If the Premises are not surrendered upon the expiration or earlier termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify 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 to founded upon such failure to surrenderdelay. Acceptance Nothing contained in this Lease will be construed as a consent by Landlord to the occupancy or possession of rent after the Premises beyond the expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal 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. 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 TermIf, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without with the prior written consent of Landlord, such Tenant holds possession of the Premises after expiration of the Term, Tenant shall constitute become a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-tenant from month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession 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 Basic Minimum Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred and fifty percent (150%) of the Basic Rent for the month that applicable immediately preceding the date prior to expiration of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may besuch 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. Acceptance by Landlord of rent after This clause shall survive the expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section 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, then Tenant shall become a tenant at sufferance subject to immediate eviction by Landlord at any time, and any holding over by Tenant after the expiration rent shall not constitute a renewal or extension be increased to an amount equal to the greater 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 terminationx) 200% of the Term without Annual Fixed Rent and Additional Rent calculated at the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of highest rate payable under the terms of this Lease, except that or (y) 150% of the monthly Basic Rent for fair market rental value of the initial month of holdover Premises. Such rent shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, computed on a monthly Basic Rent for the second (2nd) month of holdover basis and shall be one hundred fifty percent (150%) payable on the first day of such holdover period and the Basic Rent 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 terminationsuch rent shall not in any manner adversely affect Landlord’s other rights and remedies, including Landlord’s right to evict Tenant and to recover damages, and the monthly Basic Rent for the third (3rd) and each successive month of holdover Tenant shall be liable for all loss, cost and damage incurred by Landlord resulting from Tenant’s failure and delay in surrendering 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 Premises. All property which remains in the Building or Project, as the case may be. If Tenant fails to surrender 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 by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord arrears of rent after the termination shall not constitute a consent or other charges payable hereunder by Tenant to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition Landlord and any damages to and do not affect Landlord's right of re-entry or any other rights of which Landlord may be entitled under this Lease or and at lawlaw and in equity.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of LandlordTerm, such possession shall constitute Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy , commencing on the first (1st) day following the termination of this Lease. In either However, should Landlord accept the payment of such eventsmonthly hold-over rent by Tenant, possession 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 Basic Rent for the initial month of holdover rental shall be one hundred twenty-five percent (125150%) of the Basic Rent total monthly rental for the month immediately preceding the date of termination, . The acceptance by Landlord of monthly Basic Rent for hold-over rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space full amount due unless otherwise agreed in the Building or Project, as the case may bewriting by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's ’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, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with will not be deemed to extend the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on Term or renew this Lease but such holding over will continue upon the first (1st) day following the termination terms, covenants and conditions of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, Lease except that the monthly Basic Rent charge for use and occupancy of the initial Premises for each calendar month of holdover shall or portion thereof that Tenant or such assignee or subtenant holds over will be a liquidated sum equal to one hundred twentyand one-five percent half (125%11/2) of times the Basic Rent and Additional Rent payable for the month immediately preceding the date expiration or earlier termination of termination, monthly Basic Rent this Lease for the second first six (2nd6) month months of holdover shall be one hundred fifty percent such holding over, and thereafter, two (150%2) of times the Basic Rent and Additional Rent payable for the month immediately preceding the date expiration or earlier termination of termination, this Lease. 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 for the third (3rd) and each successive month of holdover shall Additional Rent and will be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beimpossible to accurately 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 to founded upon such failure to surrenderdelay. Acceptance Nothing contained in this Lease will be construed as a consent by Landlord to the occupancy or possession of rent after the Premises beyond the expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal 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. 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 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 without the prior written consent of LandlordTerm, such possession shall constitute Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance only; , and such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession 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 Basic Monthly Base Rent for the initial month of any such holdover period shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be equal to one hundred fifty percent (150%) of the Basic Monthly Base Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of effect under this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating immediately prior to such failure to surrenderholdover, prorated on a daily basis. Acceptance by Landlord of rent after the such expiration or earlier termination shall will not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section Paragraph 11 are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant's failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. This Lease shall terminate without further notice upon 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 Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date greater of termination, and the monthly Basic Rent for the third (3rda) 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; termination or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, as the case may beunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's ’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 Term hereof without the prior express written consent of Landlord, such possession Tenant shall constitute become a tenancy tenant at sufferance only; such holding over with the prior written consent of Landlord shall constitute , at a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject rental rate equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Monthly Basic Rent for 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 monthly Basic Rent for terms, covenants and conditions herein specified, so far as applicable including, without limitation, the third (3rd) obligation to pay Direct Operating Expenses and each successive month Common Operating Expenses as provided in Paragraphs 5 and 6.2. Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute a consent to a holdover shall be the greater of: (I) one hundred fifty percent (150%) hereunder or result in a renewal. The foregoing provisions of the Basic Rent for the month immediately preceding the date this Paragraph 11 are in addition to and do not affect Landlord’s right of termination; re-entry or (ii) the then current Basic Rent for comparable space in the Building any rights of Landlord hereunder or Project, as the case may beotherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by LandlordPremises, 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. Acceptance 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 rent after the Premises to Landlord as provided in this Lease upon expiration or other 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 Paragraph 11 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; 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 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 of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-be required to pay each month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twentyhold-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be over tenancy one hundred fifty percent (150%) the Rent in effect during the last month of the Basic Rent for the month immediately preceding the date Term of terminationthis Lease. In addition to any other rights and remedies Sublandlord may have hereunder or at law, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) Subtenant agrees that if possession of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space Premises is not surrendered to Sublandlord in the Building condition required herein on or Projectbefore the Prime Lease Expiration Date, as the case may be. If Tenant fails then Subtenant shall pay to surrender Sublandlord for each month and for any portion of each month during which Subtenant holds over in the Premises upon after the expiration of this 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. Acceptance by Landlord retain possession of rent the Premises after the expiration or earlier termination date of the Term, and no acceptance by Sublandlord of payments from Subtenant shall not constitute a consent be deemed to a holdover or result be other than on account of the amount to be paid by Subtenant in a renewal of this Lease. The foregoing 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 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 without the prior written consent of LandlordTerm, such possession shall constitute Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance only; , and such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession 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 Basic Monthly Base Rent for the initial month of any such holdover period shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be equal to one hundred fifty percent (150%) of the Basic Monthly Base Rent for the month in effect TENANT’S INITIALS LANDLORD’S INITIALS under this Lease immediately preceding the date prior to such holdover.. Acceptance by Landlord of termination, rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and the monthly Basic Rent for the third (3rd) and each successive month do not affect Landlord’s right of holdover shall be the greater of: (I) one hundred fifty percent (150%) re-entry or any rights of the Basic Rent for the month immediately preceding the date of termination; Landlord under this Lease or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beotherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant shall indemnify agrees to promptly indemnify, protect, defend and hold Landlord harmless from all loss or liabilityclaims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys’ fees and costs), including, without limitation, any costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant relating to such founded solely on or resulting solely from Tenant’s failure to surrendersurrender the Premises. Acceptance by Landlord The provisions of rent after this Subparagraph 11(b) will survive the expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration 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) of the Term Expiration Date without the prior express written consent of Landlord, such possession Tenant shall constitute become a tenancy tenant at sufferance only; such holding over with the prior written consent of Landlord shall constitute , at a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject rental rate equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) 175% of the Basic Monthly Rent for the month and Additional Rent in effect immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) prior to expiration of the Basic Rent for the month immediately preceding the date of terminationTerm (prorated on a daily basis), and otherwise subject to the monthly Basic Rent for the third (3rd) terms, provisions, and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Projectconditions herein specified, so far 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 surrenderapplicable. Acceptance by Landlord of rent after the such expiration or earlier termination shall not constitute a consent to a holdover tenancy hereunder or result in a renewal of this Leaserenewal. The foregoing provisions of this Section Paragraph 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 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) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either , then, without waiver of such events, any right available to Landlord as a result of Tenant’s failure to timely surrender possession shall be subject to all of the Premises to Landlord, Tenant shall become a tenant at sufferance only, upon the terms and conditions set forth in this Lease so far as applicable (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), except that the but at a monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be base rent equal to one hundred fifty percent (150%) of the Basic greater of (y) the monthly Base Rent for applicable to the month Premises immediately preceding prior to the date of such expiration or earlier termination, and or (z) the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) fair market rental value of the Basic Rent for the month immediately preceding Premises as of the date of termination; the expiration or (ii) the then current Basic Rent for comparable space in the Building or Projectearlier termination of this Lease, as reasonably determined by Landlord, computed on a daily basis for each day of the case may behold-over period. If 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 be construed as Landlord’s consent for Tenant to hold over. 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. Acceptance by holding over has continued for more than thirty (30) days after Tenant has received written notice that Landlord of rent after the termination shall not constitute has (1) located a consent to a holdover or result party interested 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 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 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 without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either If by written notice to Landlord delivered not later than twelve (12) months prior to 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 eventshold-over (which period must be for a period of no longer than six (6) months) (the "Hold-Over Term") then Tenant may, as a matter of right, remain in possession shall be subject to all 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 Basic Base Rent for the initial month of holdover shall be one hundred twentyHold-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover Over Term shall be one hundred fifty percent (150%) of the Basic sum of the Base Rent and other charges payable for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive last month of holdover the Term or extended Term. In no event under the preceding sentence, shall be Tenant have 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 right to hold-over in the Building Premises for more than one (1) six (6) month or Project, as shorter period beyond the case may be. If Tenant fails to surrender the Premises upon Term Expiration Date or the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawextended Term.

Holding Over. This Lease shall terminate without further notice upon If Tenant holds over after the expiration of the TermLease Term or earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Rent shall be payable at a monthly rate equal to (i) the Rent applicable during the last rental period of the Lease Term under this Lease with respect to the first sixty (60) days of such holdover, and (ii) thereafter 125% of the Base Rent applicable during the last rental period of the Lease Term under this Lease plus 100% of the Additional Rent applicable during the last rental period of the Lease Term under this Lease. Such tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant after the expiration shall not constitute a renewal or extension of the Lease Term, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in 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 Lease upon the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the other termination of this Lease. In either of such events, possession shall be subject to all of the terms The provisions of this LeaseArticle 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Notwithstanding the foregoing, except that the monthly Basic Rent Tenant may hold over for the initial month of holdover shall be one hundred twenty-five percent up to sixty (125%60) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon days after the expiration of the Lease Term without becoming a tenant at sufferance. In the event Tenant holds over for a period of more than sixty (60) days after the Expiration Date or the earlier termination of this Lease despite demand without Landlord’s express written approval, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, any claims made by any succeeding tenant relating to founded upon such failure to surrender. Acceptance by surrender and any lost profits to Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawresulting therefrom.

Holding Over. This Lease shall terminate without further notice upon the expiration 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 without the prior written consent of LandlordTerm, such possession shall constitute Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance only; , and such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession 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 Basic Annual Base Rent for the initial month of any such holdover period shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be equal to one hundred fifty percent (150%150%)of the Annual Base Rent (and estimated additional rent) in effect under this Lease immediately prior to such holdover, prorated on a daily basis. Acceptance by Landlord of the Basic Rent for the month immediately preceding the date rent after such expiration or earlier termination will not result in a renewal of termination, this Lease. The foregoing provisions of this Paragraph 23 are in addition to and the monthly Basic Rent for the third (3rd) and each successive month do not affect Landlord’s right of holdover shall be the greater of: (I) one hundred fifty percent (150%) re-entry or any rights of the Basic Rent for the month immediately preceding the date of termination; Landlord under this Lease or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beotherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 23 despite demand to do so by Landlord, then Tenant shall indemnify 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 the succeeding tenant relating to such founded on or resulting from tenant’s failure to surrendersurrender the Premises. Acceptance by Landlord The provisions of rent after this Paragraph 23 will survive the expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease 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 without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either If by written notice to Landlord delivered not later than twelve (12) months prior to 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 eventshold-over (which period must be for a period of no longer than six (6) months) (the "Hold-Over Term") then Tenant may, as a matter of right, remain in possession shall be subject to all 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 Basic Base Rent for the initial month of holdover shall be one hundred twentyHold-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover Over Term shall be one hundred fifty percent (150%) of the Basic sum of the Base Rent and other charges payable for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive last month of holdover the Term or extended Term. In no event under the preceding sentence, shall be Tenant have 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 right to hold-over in the Building Premises for more than one (1) six (6) month or Project, as shorter period beyond the case may be. If Tenant fails to surrender the Premises upon Term Expiration Date or the expiration of this Lease despite demand to do so by Landlordthe extended Term. NOTWITHSTANDING THE FOREGOING, Tenant shall indemnify and hold Landlord harmless from all loss or liabilityIN THE EVENT OF ANY SUCH HOLDING OVER, including without limitationTENANT SHALL NOT HAVE ANY RIGHT TO EXERCISE (A) THE PHASE C PREMISES EXPANSION OPTION AS SET FORTH IN EXHIBIT H; (B) THE FIRST RIGHT TO PURCHASE THE PROJECT AS SET FORTH IN EXHIBIT I, 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.OR (C) THE OPTION TO PURCHASE THE PROJECT AS SET FORTH IN EXHIBIT J.

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 Term, and any holding over by Tenant after the expiration shall not constitute Sublease Term (whether for all or 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) portion of the Term without the prior written consent of LandlordSubleased Premises), such possession shall constitute a tenancy at sufferance only; such holding over with or possession shall, at the prior written consent option of Landlord shall Sublessor, constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such eventsto month tenancy, possession shall be subject to all of the terms and provisions of this LeaseSublease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) and Sublessor may exercise any and all remedies available to it at law or in equity to recover possession of the Basic 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, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; prior to expiration or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration 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 surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this LeaseSublease. 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 shall terminate without further notice upon the expiration If Tenant remains in possession of the Term, and Premises or any holding over by Tenant part thereof after the expiration or earlier termination of the term hereof with Landlord's consent, such occupancy shall not constitute be a renewal or extension tenancy from month to month upon all the terms and conditions 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 Lease pertaining to the expiration (or earlier termination) obligations of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this LeaseTenant, except that the monthly Basic Base Rent for the initial month of holdover payable shall be the greater of (a) two hundred percent (200%) of the Base Rent payable immediately preceding the Termination Date of this Lease or (b) one hundred twenty-five percent (125%) of the Basic fair market Base Rent for the month immediately preceding Premises as of the date of terminationTenant holds over, monthly Basic Rent for the second (2nd) month of holdover and all Options, if any, shall be one deemed terminated and be of no further effect. If Tenant remains in possession of the Premises or any part thereof after the expiration of the Term hereof without Landlord's consent, Tenant may, at Landlord's option, be treated as a tenant at sufferance or a trespasser, and Tenant shall be liable to Landlord for use and occupancy charges equal to three hundred fifty percent (150300%) of the Basic Base Rent for the month payable immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal Termination Date 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 , plus all other rights of Landlord amounts otherwise payable by Tenant under this Lease as though it continued in effect. Nothing contained herein shall be construed to constitute Landlord's consent to Tenant holding over at the expiration or at lawearlier termination of the Lease term or to give Tenant the right to hold over after the expiration or earlier termination of the Lease term. Tenant hereby agrees to indemnify, hold harmless and defend Landlord from any cost, loss, claim or liability (including reasonable attorneys' fees) Landlord may incur as a result of Tenant's failure to surrender possession of the Premises to Landlord upon the termination of this Lease.

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 without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on only, 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, the party so desiring to terminate the same shall give the other party thirty (30) days' written notice to that effect. In either of If such events, possession shall be subject to all of occupancy continues after the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date aforesaid notice of termination, monthly Basic Rent 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 second (2ndterm) month of holdover shall be one hundred fifty percent (150%) and all additional rent for the time, on a per diem basis, Tenant retains possession of the Basic Rent for Demised Premises or any part thereof after termination of the month immediately preceding term, together with all costs, expenses and damages incurred by Landlord and its agents to obtain possession from Tenant. Furthermore, if such occupancy continues after the date aforesaid notice of termination, and or if Tenant shall continue its occupancy after the monthly Basic Rent for the third (3rd) and each successive month of holdover Termination Date without obtaining Landlord's written consent, Tenant shall be the greater of: (I) one hundred fifty percent (150%) liable to Landlord for any loss of the Basic Rent for the month immediately preceding the date of termination; rents and/or liability sustained by Landlord or (ii) the then current Basic Rent for comparable space its agents in the Building or Project, as the case connection with any subsequent tenancy which may be. If Tenant fails have intended to surrender the occupy said Demised Premises upon at 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 surrenderthe term herein. Acceptance The acceptance of rent and/or additional rent by Landlord of rent after the termination shall not constitute be deemed to create a consent to a holdover new 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 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 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 Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) the greater of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and or (b) the monthly then currently scheduled Basic Rent for the third comparable (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 (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, as the case may beunless 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. 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 Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall terminate without further notice upon the expiration be unlawfully and illegally in possession of the TermPremises, and whether or not Landlord accepts any holding over by rent from Tenant after or any other person while Tenant remains in possession of the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both partiesPremises without Landlord's written consent. If Tenant holds over for any period after the expiration (or earlier termination) shall retain possession of the Term Premises or any portion thereof without the prior written Landlord's consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlordor sooner termination for any reason, then Tenant shall indemnify pay to Landlord for each day of such retention 150% the amount of daily rental as of the last month prior to the date of --- expiration or earlier termination. Tenant shall also indemnify, defend, protect and hold Landlord harmless from all loss any loss, liability or liabilitycost, including consequential and incidental damages and reasonable attorneys fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any the succeeding tenant relating to founded on such failure to surrenderdelay. Acceptance of Rent by Landlord following expiration or earlier termination of rent after this Lease, or following demand by Landlord for possession of the termination Premises, shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of , and nothing contained in this Section are in addition to and do not affect 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 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 earlier termination of this Sublease, in an amount equal to 150% of the highest monthly Sublease Base Rent due under this Sublease for any month during the Sublease Term. If Subtenant fails to surrender the Subleased Premises on the expiration of this Sublease, in addition to any other liabilities to Sublandlord accruing therefrom, Subtenant shall indemnify and hold Sublandlord harmless from all loss or liability resulting from such failure, including without limitation (i) any claims of Master Landlord against Sublandlord for failure to surrender the Premises at the time and in the manner required under the Master Lease (including, without limitation, holdover rent payable under the Master Lease) or for violating any term of the Master Lease, and (ii) any claims made by any succeeding subtenant, tenant or give Tenant any other party based upon such failure. This indemnification obligation shall survive the expiration or earlier termination of this Sublease. The provisions of this paragraph are in addition to and do not limit Sublandlord’s rights or Subtenant’s obligations under this Lease, except when in writing signed by both partiesSublease. If Tenant Subtenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding holds over with Sublandlord’s and Master Landlord’s express written consent, then, in the prior absence of an express written consent of Landlord agreement to the contrary, Subtenant shall constitute be a month-to-month tenancy commencing on tenant and Subtenant shall pay, in addition to the first (1st) day following the termination of other rent payable under this Lease. In either of such eventsSublease, possession shall be subject Base Rent equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Base Rent for payable during the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) last month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such 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 lawSublease Term.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding Should Tenant hold over by Tenant in possession after the expiration shall not constitute a renewal or extension of this LeaseExpiration Date, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with shall not be deemed to extend the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of Term or renew this Lease. In either of such events, possession shall be subject Tenant agrees to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold save Landlord harmless from and against all loss or liabilityclaims, including losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements) resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any succeeding tenant relating founded on such delay. The parties recognize and agree that the damage to such Landlord resulting from any failure by Tenant to timely surrender possession of the Premises will be extremely substantial, will exceed the amount of the Rent and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on the Expiration Date, in addition to any other rights and remedies Landlord may have hereunder or at law, and without in any manner limiting Landlord's right to demonstrate and collect any damages suffered by Landlord and arising from Tenant's failure to surrendersurrender the Premises as provided herein, Tenant shall pay to Landlord on account of use and occupancy of the Premises for each month during which Tenant holds over after the Expiration Date, a sum equal to one hundred seventy-five percent (175%) of the aggregate of that portion of the Rent which was payable under this Lease during the last month of the Term. Acceptance Nothing herein shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or to limit in any manner Landlord's right to regain possession of the Premises through summary proceeding or otherwise, and no acceptance by Landlord of rent payments from Tenant after the termination Expiration Date shall not constitute a consent be deemed to a holdover or result be other than on account of the amount to be paid by Tenant in a renewal of this Lease. The foregoing accordance with the provisions of this Section are in addition to and do not affect Landlord's right Article. The provisions of re-entry or any other rights of Landlord under this Lease or at lawArticle shall survive the Expiration Date.

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 sooner termination of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the Sublease with Landlord’s prior written consent of Landlordconsent, such possession by Tenant shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute be deemed to be a month-to-month tenancy commencing on the first (1st) day following the termination subject to each and all terms and conditions of this LeaseSublease as applicable to a month-to-month tenancy, and such tenancy shall be terminable upon not less than thirty (30) 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 either of such eventsaddition, possession Tenant shall be subject to all of pay any Additional Rent as set forth in Section 5 and any other charges payable under the terms Sublease during the period in which Tenant holds over. The foregoing provisions of this Lease, except that Section are in addition to and do not affect any rights of Landlord under the monthly Basic Rent for the initial month Sublease or as otherwise provided by law. Nothing contained herein shall constitute Landlord’s consent to any holding over by Tenant. The terms and conditions of holdover shall Tenant’s holding over may be one hundred twenty-five percent changed by Landlord upon not less than thirty (125%30) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may bedays’ 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. Acceptance , any loss of rent from prospective tenants, and any reasonable attorneys’ fees and legal costs incurred and paid by Landlord of rent after the termination shall to enforce Landlord’s rights hereunder, whether or 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 lawlegal action is filed.

Holding Over. This Lease shall terminate without further notice upon If Subtenant fails to surrender the Subleased Premises at the expiration or earlier termination of this Sublease, occupancy of the Term, and any holding over by Tenant Subleased Premises after the termination or expiration shall not constitute a renewal or extension be that of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with sufferance. Subtenant’s occupancy of the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on Subleased Premises during the first (1st) day following the termination of this Lease. In either of such events, possession holdover shall be subject to all the terms and provisions of this Sublease and Subtenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to 150% of the terms sum of this Lease, except that the monthly Basic Base Rent and Additional Rent due for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month period immediately preceding the date holdover. No holdover by Subtenant or payment by Subtenant after the expiration or early termination of termination, monthly Basic Rent for the second (2nd) month of holdover this Sublease shall be one hundred fifty percent (150%) construed to extend the Term or prevent Sublandlord from immediate recovery of possession of the Basic Rent for Subleased Premises by summary proceedings or otherwise. In addition to the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) payment of the Basic Rent for amounts provided above, if Sublandlord is unable to deliver possession of the month immediately preceding the date of termination; Subleased Premises to a new subtenant or (ii) the then current Basic Rent for comparable space in the Building or Projectto Landlord, as the case may be. If Tenant fails , or to surrender the Premises upon the expiration perform improvements for a new subtenant, as a result of this Lease despite demand Subtenant’s holdover, Subtenant shall be liable to do so by LandlordSublandlord for all damages, Tenant shall indemnify and hold Landlord harmless from all loss or liabilityincluding, including without limitation, any claims made by any succeeding tenant relating to consequential damages, that Sublandlord suffers from the holdover; Subtenant expressly acknowledges that such failure to surrender. Acceptance damages may include all of the holdover rent charged by Landlord under the Master Lease as a result of Subtenant’s holdover, which Master Lease holdover rent after may apply to the termination shall not constitute a consent to a holdover or result in a renewal of this Leaseentire Master Lease Premises. The Notwithstanding the foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights contrary provision of Landlord the Sublease, if the Term expires on the Expiration Date, Subtenant shall be entitled to hold over, without any obligation to pay Rent, solely for the purpose of performing any restoration or repair obligations of Subtenant under this Lease or at lawSublease so long as (i) Subtenant’s work does not interfere with Sublandlord’s restoration work, if any, the performance of which is concurrent with Subtenant’s work, and (ii) in no event will Subtenant have any right to remain in the Subleased Premises for any reason whatsoever following the date which precedes the date of expiration of the Master Lease.

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 sooner termination 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 Lease without the express prior written consent of Landlord, such possession by Tenant shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute be deemed to be a month-to-month tenancy commencing on subject to each and all terms and conditions of this Lease as applicable to a month-to-month tenancy, and such tenancy shall be terminable upon not less than thirty (30) 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 first greater 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 (1st) day following 50%). In addition, Tenant shall pay any additional rent as set forth in Paragraph 4 and any other charges payable under the Lease during the period in which Tenant holds over. The foregoing provisions of this Paragraph are in addition to and do not affect Landlord’s right to re-enter the Premises or any other rights of Landlord under the Lease or as otherwise provided by law. Nothing contained in this Paragraph 22 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 earlier termination of this Lease. In either The terms and conditions of such events, possession shall Tenant’s holding over may be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent changed by Landlord upon not less than thirty (125%30) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may bedays’ 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. Acceptance by Landlord , any loss of rent after the termination shall from prospective tenants, and any attorneys’ fees and legal costs incurred by Landlord, whether or 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 lawlegal 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 earlier termination) other termination of the Term this Lease without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute be construed to be a month-to-month tenancy commencing at sufferance on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Leaseset forth herein, except that the monthly Basic Base Rent for the initial month of holdover shall be equal to one hundred twenty-twenty five percent (125%) of the Basic Base Rent payable by Tenant immediately prior to such holding over for the month immediately preceding the date first thirty (30) days of termination, monthly Basic Rent for the second (2nd) month of holdover shall be such holding over and one hundred fifty percent (150%% ) thereafter. Acceptance by Landlord of Rent after the expiration or termination of this Lease shall not constitute a consent by Landlord to any such tenancy from month to month or result in any other tenancy or any renewal of the Basic Rent for term hereof. Tenant acknowledges that if Tenant holds over without Landlord’s consent, such holding over may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the month immediately preceding the date of terminationPremises. Therefore, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If 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 surrender. Acceptance by surrender 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 rent after the termination shall not constitute Landlord’s entry into a consent lease or other agreement that will give rise to a holdover or result in a renewal of this Leasesuch claims. The foregoing provisions of this Section Paragraph are in addition to to, and do not affect affect, Landlord's ’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 If, with Landlord’s express written consent, Tenant retains possession of the expiration Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any holding over by expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant 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 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) termination of the Term without the prior express written consent of Landlord, such possession (A) Tenant shall constitute become a tenancy tenant at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of upon the terms of this Lease, Lease except that the monthly Basic rental shall be equal to 150% of Rent in effect during the last 30 days of the Term except that if Tenant does not holdover for more than 5 days Tenant shall only be required to pay Base Rent and Operating Expenses on a per diem basis for the initial month number of holdover days that Tenant holds over, and (B) Tenant shall be one hundred twenty-five percent (125%) responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including for consequential damages; provided, however, that if Tenant delivers written inquiries to Landlord whether the potential exists for consequential damages if Tenant holds over, Landlord shall, promptly after each such inquiry, notify Tenant in writing whether at the time of such inquiry the potential exists for consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrenderPremises. Acceptance by Landlord of rent Rent after the expiration of the Term or earlier termination of this Lease shall not constitute a consent to a holdover or result in a renewal or reinstatement of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration 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 Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date greater of termination, and the monthly Basic Rent for the third (3rda) 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; termination or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, as the case may beunless 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 Landlordsx xx Xandlord, 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 without further notice upon the expiration be unlawfully and illegally in possession of the TermPremises, and whether or not Landlord accepts any holding over by rent from Tenant after or any other person while Tenant remains in possession of the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both partiesPremises without Landlord's written consent. If Tenant holds over for any period after the expiration (or earlier termination) tenant shall retain possession of the Term Premises or any portion thereof without the prior written Landlord's consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by 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 consequential and incidental damages and reasonable attorneys' fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any the succeeding tenant relating to founded on such failure to surrenderdelay. Acceptance of Rent by Landlord following expiration or earlier termination of rent after this Lease, or following demand by Landlord for possession of the termination Premises, shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of , and nothing contained in this Section are in addition to and do not affect 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 Subtenant shall terminate without further notice upon have no right to holdover. If Subtenant does not surrender and vacate the Subleased Space at the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (Term or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such eventsSublease, possession Subtenant shall be subject to all a tenant at sufferance and Rent shall be at the rate set forth in Article 22 of the terms of this Master Lease, except that the monthly Basic plus, all other Additional Rent and other charges payable by Sublandlord under this Sublease for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, entire Subleased Space during such period and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space additional holdover charge (if any) that Sublandlord actually pays to Master Landlord in accordance with Section 22 of the Building Master Lease on account of Subtenant’s holdover. In connection with the foregoing, Sublandlord and Subtenant agree that the reasonable rental value of the Subleased Space following the Termination Date or Projectearlier termination of the Sublease shall be the amounts set forth above. Sublandlord and Subtenant acknowledge and agree that, under the circumstances existing as of the Effective Date, it is impracticable and/or extremely difficult to ascertain the reasonable rental value of the Subleased Space and that the reasonable rental value established in this Section 20.4 is a reasonable estimate of the damage that Sublandlord would suffer as the case may beresult of Subtenant’s failure to timely surrender possession of the Subleased Space. If Tenant The parties acknowledge that the liquidated damages established herein is not intended as a forfeiture or penalty. Notwithstanding the foregoing, and in addition to all other rights and remedies on the part of Sublandlord if Subtenant fails to surrender the Premises Subleased Space upon the termination or expiration of this Lease despite demand Sublease, in addition to do so by Landlordany other liabilities to Sublandlord accruing therefrom, Tenant Subtenant shall indemnify indemnify, defend and hold Sublandlord and Master Landlord harmless from all loss or liabilityclaims, liabilities, losses and expenses, including without limitationreasonable attorney’s fees and costs, any claims made by any succeeding tenant relating to resulting from 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 lawfailure.

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 without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing Tenants remain on the first (1st) day premises following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of terminationtheir termination of tenancy, they are ‘holding over’ and become liable for ‘rental damages’ equaling one/thirtieth of the amount of their then current monthly Basic Rent rent for every day they hold over. Possession – Owners shall endeavor to deliver possession to Tenants by the second (2nd) month commencement date of holdover this Agreement. Should Owners be unable to do so, they shall not be held liable for any damages Tenants suffer as a consequence, not shall this Agreement be considered void unless Owners are unable to deliver possession within ten days following the commencement date. Tenants’ responsibility to pay rent shall begin when they receive possession. Sale of the Dwelling – If Owners sell this dwelling or otherwise transfer its Ownership to another party, they shall have the right to terminate this Agreement by giving Tenants written notice of at least sixty days, notwithstanding any conflicting occupancy rights Tenants might have under a fixed-term agreement. Should Tenants have conflicting occupancy rights guaranteed them by law, however, those legal rights shall prevail. Illegal Provisions Not Affection Legal Provisions – Whatever item in this Agreement is found to be contrary to any local, state, or federal law shall be one hundred fifty percent (150%) of considered null and void, just as if it had never appeared in the Basic Rent for the month immediately preceding the date of terminationAgreement, and it shall not affect the monthly Basic Rent for validity of any other item in the third (3rd) and each successive month Agreement. Non-Waiver – Should either Owners or Tenants waive their rights to enforce any breach of holdover this Agreement, that waiver shall be considered temporary and not a continuing waiver of any later breach. Although, Owners may know when accepting rent that Tenants are violating one or more of this Agreement’s conditions, Owners in accepting the greater of: (I) one hundred fifty percent (150%) of rent are in no way waiving their rights to enforce the Basic Rent for breach. Neither Owners nor Tenants shall have waived their rights to enforce any breach unless they agree to a waiver in writing. References in Wording – Plural references made to the month immediately preceding the date of termination; parties involved in this Agreement may also be singular, and singular references may be plural. These references also apply to Owners’ and Tenants’ heirs, executors, administrators, or (ii) the then current Basic Rent for comparable space in the Building or Projectsuccessors, as the case may be. If Tenant fails Application Part of Agreement – The rental application Tenants submitted to surrender the Premises upon the expiration rent this dwelling forms a part of this Lease despite demand to do so by Landlord, Tenant Agreement. Falsified information on the application 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 be considered a consent to a holdover or result in a renewal breach 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 lawAgreement.

Holding Over. This Lease shall terminate without further notice upon If Tenant holds over after the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (Lease Term or earlier termination) of termination thereof, with the Term without the prior express written consent of Landlord, such possession tenancy shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express written consent of Landlord, such tenancy commencing on the first (1st) day following the termination of this Leaseshall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either of such eventscase, possession Base Rent shall be subject payable at a monthly rate equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (Ix) one hundred fifty percent (150%) of the Basic Base Rent applicable during the last rental period of the Lease Term for the month immediately preceding the date first 60 days of termination; or such hold over, and (iiy) the then current Basic higher of fair market rent and such one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term for comparable space in the Building each day thereafter. Such month-to-month tenancy or Projecttenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein, including without limitation the obligation to pay Additional Rent. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease despite demand Lease, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, any claims made by any succeeding tenant relating to founded upon such failure to surrender. Acceptance by surrender and/or any lost profits and consequential or indirect damages to Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawresulting therefrom.

Holding Over. This Lease 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, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; During such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination over, Xxxxxx's Minimum Rent as set forth in Section 3.1 of this Lease. In either of such events, possession Lease shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one two hundred twenty-five percent (125200%) of the Basic Minimum Rent in effect immediately prior to such hold over period (the “Holdover Rent”), plus all Additional Rent and plus the average monthly Percentage Rent (if the payment of Percentage Rent is required under this Lease) paid during the prior year, if applicable. When the Holdover Rent is determined, Landlord shall give Tenant written notice indicating the amount thereof, however, Xxxxxxxx’s failure to provide or timely provide such notice or Landlord’s acceptance thereafter of the Minimum Rent in effect immediately prior to such holdover shall not be deemed a waiver of Landlord’s right to collect any and all Holdover Rent owed it from and after the commencement of such holdover. Should Tenant hold over for any portion of a month, Tenant shall be liable for Holdover Rent for the month immediately preceding entire month. Notwithstanding the date of terminationforegoing, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater ofnothing contained in this Article shall: (Ia) one hundred fifty percent (150%) of constitute Landlord’s consent, either express or implied, for Tenant to hold over following the Basic Rent for the month immediately preceding the date of terminationExpiration Date; or (iib) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such 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 ’s 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 Any holding over by Tenant after the expiration shall not constitute a renewal or extension termination of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over lease with the prior written consent of Landlord shall constitute be construed to be a month-to-tenancy from month tenancy commencing to month at the monthly rent, as adjusted, in effect on the first (1st) day 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 provisions of this paragraph are in addition to, and do not affect, Landlord's right of reentry or other rights hereunder or provided by law. If Tenant shall retain possession of the Premises or any part thereof without Landlord's consent following the expiration or sooner termination of this Lease. In either lease for any reason, then Tenant shall pay to Landlord for each day of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent retention for the initial month of holdover shall be first thirty (30) days one hundred twenty-five percent (125%) of the Basic Rent for daily rental in effect during the last month immediately preceding prior to the date of termination, monthly Basic Rent such expiration or termination and thereafter Tenant shall pay to Landlord for each day of such retention double the second (2nd) month of holdover shall be one hundred fifty percent (150%) amount of the Basic Rent for daily rental in effect during the last month immediately preceding prior to the date of such expiration or termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall also indemnify and hold Landlord harmless from all loss or liabilityany loss, 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 to founded on such failure to surrenderdelay. Acceptance of rent by Landlord of rent after the following expiration or termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of lease, and nothing contained in this Section are in addition to and do not affect paragraph shall waive Landlord's right of 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 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 without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify also indemnify, defend, 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 to founded on such failure to surrenderdelay. Acceptance of Rent by Landlord of rent after the following expiration or earlier termination shall not constitute a consent to a holdover or result in 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 obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this section shall apply. 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 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 without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute become a month-to-month Tenant, subject to all laws of the District of Columbia applicable to such tenancy commencing on and to the first terms and conditions of this Lease, so far as applicable. The monthly rent to be paid Landlord by Tenant during such continued occupancy shall be an amount equal to one and one-half (1st1 1/2) day following times the rent (which shall include Basic Rent and Additional Rent) being paid for the month the Lease expires or is terminated. Notwithstanding the foregoing, if Tenant remains in occupancy without the consent of Landlord, after expiration or termination of this Lease, no receipt of money by Landlord from Tenant shall reinstate or extend this Lease or affect any prior notice given by Landlord to Tenant. In either of Landlord shall have the right to accept any payments by Tenant as use and occupancy payments, but not as rent, without being deemed to have consented to such events, possession holdover. Such use and occupancy payments shall be subject equal to all the amount of the terms of rent that would have been collected by Landlord pursuant to this LeaseSection 11 had Landlord approved Tenant's holding over as a month-to-month Tenant, except that the monthly Basic Rent for the initial month of holdover and shall be one hundred twenty-five percent (125%) of the Basic Rent credited against rent accruing for the month immediately preceding the date of terminationsuch period. Moreover, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If if Tenant fails to surrender the Premises upon the expiration or termination of this Lease Lease, despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liabilityliability including, including without limitation, any claims loss of rent or any claim made by any succeeding tenant relating to or prospective tenant founded on or resulting from such failure to surrender. Acceptance by In the event of holding over, Landlord may at any time prior to acceptance of rent after and without waiving its right to use and occupancy payments, reenter the termination shall not constitute a consent to a holdover Premises by any applicable legal process or result otherwise in a renewal accordance with the provisions of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon If, with Landlord’s express written consent, Tenant retains possession of the expiration Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any holding over by expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant 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 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) termination of the Term without the prior express written consent of Landlord, such possession (A) Tenant shall constitute become a tenancy tenant at sufferance only; such holding over with upon the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination terms of this Lease. In either , including the obligation to pay 100% of such events, possession shall be subject to all of the terms of Additional Rent due under this Lease, except that the monthly Basic Base Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) equal to 150% of the Basic Base Rent for in effect during the month immediately preceding last 30 days of the date of terminationTerm, monthly Basic Rent for the second and (2ndB) month of holdover Tenant shall be one hundred fifty percent (150%) of the Basic Rent responsible for the month immediately preceding the date of terminationall damages suffered by Landlord resulting from or occasioned by Txxxxx’s holding over, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of terminationincluding consequential damages; or (ii) the then current Basic Rent for comparable space in the Building or Projectprovided that, as the case may be. If unless Lxxxxxxx gave written notice to Tenant fails to surrender the Premises upon at least 30 days before the expiration of this Lease despite demand the Term that a subsequent tenant would be leasing the Premises or any part thereof and that Landlord reasonably anticipates holding over is reasonably likely to do so by impact Landlord’s delivery schedule to such new tenant, Tenant shall indemnify be responsible for consequential damages only once Txxxxx’s holding over exceeds 15 days. No holding over by Txxxxx, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating this Section 8 shall not be construed as consent for Tenant to such failure to surrenderretain possession of the Premises. Acceptance by Landlord of rent Rent after the expiration of the Term or earlier termination of this Lease shall not constitute a consent to a holdover or result in a renewal or reinstatement of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender does not vacate the Premises upon the expiration or earlier termination of this Lease despite demand to do so by LandlordLease, (a) Tenant shall will indemnify Landlord against all damages, costs, liabilities and hold Landlord harmless from all loss or liabilityexpenses, including without limitationreasonable attorneys' fees, any claims made by any succeeding tenant relating to such which Landlord incurs on account of Tenant's failure to surrendervacate and (b) upon the expiration or earlier termination of this Lease, the Base Rent will increase as follows: (i) to 150% of the Base Rent in effect during the last month of the Term, for the first two (2) months that Tenant has failed to vacate the Premises following the expiration or earlier termination of this Lease, and (b) to 200% of the Base Rent in effect for the last month of the Term from the third month that Tenant has failed to vacate the Premises following the expiration of earlier termination of the Lease until the date that Tenant vacates the Premises, and, in both cases, Tenant's obligation to pay Additional Rent will continue. Acceptance Any holdover by Tenant does not constitute an extension of the Lease or recognition by Landlord of rent after any right of Tenant to remain in the termination Premises. Base Rent during such holdover shall not constitute be computed on a consent monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises have been vacated. Notwithstanding anything to a holdover or result the contrary in a renewal of this Lease. The foregoing provisions , under no circumstances shall Tenant be liable for consequential damages hereunder as a result of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawholdover.

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 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 Lease with the expiration (or earlier termination) of the Term without the prior express written consent of Landlord, such possession Xxxxxx’s occupancy shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute be a month-to-month tenancy commencing at a rent agreed upon by Landlord and Tenant, but in no event less than the greater of (i) the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as mutually agreed by Landlord and Tenant) for the Premises. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the monthly Basic Rent for the initial month of holdover Building contained in this Lease shall be one hundred twenty-five percent (125%) deemed to have terminated and shall be inapplicable thereto. Xxxxxxxx’s acceptance of rent after such holding over with Xxxxxxxx’s written consent shall not result in any other tenancy or in a renewal of the Basic original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord’s consent (or Landlord and Tenant have not otherwise been able to agree on the Monthly Rent payable for the month immediately preceding the date of terminationsuch holdover period), monthly Basic Rent for the second (2nd) month of holdover Xxxxxx’s continued possession shall be one hundred fifty percent (150%) on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be period an amount equal to the greater of: of (Ii) one hundred fifty percent (150%) of the Basic Rent fair market rental (as reasonably determined by Landlord) for the month immediately preceding the date of termination; Premises or (ii) two hundred percent (200%) of the then current Basic Monthly Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of and Additional Rent payable under this Lease despite demand for the last full month prior to do so by Landlordthe date of such expiration or termination. Except as specifically provided in this Paragraph 20, Tenant the holdover tenancy shall indemnify be on the terms 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 conditions 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 without the prior written consent of LandlordTerm, such possession shall constitute Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance only; , and such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession 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 Basic Monthly Base Rent for the initial month of any such holdover period shall be one equal to the greater of (i) two hundred twenty-five percent (125200%) of the Basic Monthly Base Rent for the month in effect under this Lease immediately preceding the date of terminationprior to such holdover, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent currently scheduled rental rate for comparable space in the Building or ProjectBuilding, 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 surrenderin either event prorated on a daily basis. Acceptance by Landlord of rent after the such expiration or earlier termination shall will not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section Paragraph 11 are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant's failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. This Lease shall terminate without further notice upon 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 earlier of thirty (or earlier termination30) of the Term without the days prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with notice or the prior written consent of Landlord shall constitute a earliest date permitted by law. Such month-to-month tenancy commencing on will be subject to every other term, condition, and covenant contained in this Lease including the first (1st) day following 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 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. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration 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. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant remains in possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this LeaseLease with Landlord’s express consent, or give Tenant any rights Tenant’s occupancy shall be a month to month tenancy at a rent agreed upon by Landlord and Tenant, but in no event less than the Monthly Basic Rent and Operating 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 Term hereof without the prior express written consent of Landlord, such possession Tenant shall constitute become a tenancy tenant at sufferance only; such holding over with , at a rental rate equal to the prior written consent greater of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Monthly Basic Rent for which would be applicable to the month immediately preceding Premises upon the date of terminationexpiration of the Term (prorated on a daily basis) or fair market value as reasonably determined by Landlord, and otherwise subject to the monthly Basic Rent for terms, covenants and conditions herein specified, so far as applicable including, without limitation, the third (3rd) obligation to pay increased Operating Expenses as provided in Paragraph 5. Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this Paragraph 10 are in addition to and each successive month do not affect Landlord’s right of holdover shall be the greater of: (I) one hundred fifty percent (150%) re-entry or any rights of the Basic Rent for the month immediately preceding the date of termination; Landlord hereunder or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beotherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite written 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. Acceptance 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 rent after the Premises to Landlord as provided in this Lease upon expiration or other 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 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 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 triple 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 LeaseLease then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant's sole cost and expense, except when in writing signed 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 without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either If by written notice to Landlord delivered not later than twelve (12) months prior in 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 eventshold-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 shall be subject to all 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 Basic Base Rent for the initial month of holdover shall be one hundred twentyHold-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover Over Term shall be one hundred fifty percent (150%) of the Basic sum of the Base Rent and other charges payable for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive last month of holdover the Term or extended Term. In no event under the preceding sentence shall be Tenant have 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 right to hold-over in the Building Premises for more than one (1) six (6) month or Project, as shorter period beyond the case may be. If Tenant fails to surrender the Premises upon Term Expiration Date or the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawextended Term.

Holding Over. This Sublessee shall have the right to holdover in the Subleased Premises provided Sublessee delivers to Sublessor a written notice of intent to do so (the “Holdover Notice”) not later than sixty (60) days prior to the Expiration Date or the expiration date of any Extension Term. The Holdover Notice shall specify the length of time that Sublessee requires to remain in the Subleased Premises (the “Permitted Holdover Period”) which shall not extend beyond the lesser of six (6) months or the initial term of the Prime Lease (or the extended term, if any, which Sublessor advises is not anticipated). Any such holdover during the Permitted Holdover Period shall terminate without further notice be upon the expiration same terms and conditions as were applicable during the last month of the Initial Sublease Term or Extension Term, and any as applicable; provided, however, that the Base Rent shall be increased to one hundred twenty percent (120%) of the Base Rent in effect during the last month of the Initial Sublease Term or Extension Term, as applicable. Any holding over by Tenant after Sublessee beyond 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 Permitted Holdover Period with the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession Sublessor shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute be deemed a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be at one hundred fifty percent (150%) of the Basic Base Rent for in effect during the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive last month of holdover the Initial Sublease Term or Extension Term, as applicable. Any holding over by Sublessee beyond the Permitted Holdover Period without the consent of Sublessor shall be the greater of: (I) deemed a tenancy at sufferance at one hundred fifty seventy-five percent (150175%) of the Basic Base Rent for in effect during the last month immediately preceding of the date of termination; Initial Sublease Term or (ii) Extension Term, as applicable. To the then current Basic Rent for comparable space extent Sublessee holds over in the Building Subleased Premises beyond the Permitted Holdover Period without obtaining Sublessor’s consent, Sublessee shall defend, indemnify and hold Sublessor harmless from and against all loss or Project, as the case may be. If Tenant fails liability resulting from or arising out of Sublessee’s failure to surrender the Subleased Premises upon by such date, including, but not limited to, any amounts required to be paid to any sublessee or prospective sublessee who was to have occupied the Subleased Premises after said termination or expiration and any related attorneys’ fees and brokerage commissions incurred as a result of Sublessee’s failure to vacate the Subleased Premises on or before the expiration of the Permitted Holdover Period. Notwithstanding the foregoing, in the event of a holdover not permitted or expressly authorized pursuant to the terms of this Lease despite demand Section 2.2 above, which ends on or before the applicable term of the Prime Lease, Sublessee shall not be liable 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 Sublessor for consequential damages for its failure to surrendervacate the applicable portion of the Subleased Premises. Acceptance by Landlord of rent after the termination Nothing herein shall not constitute a be deemed to be Sublessor’s 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 lawholding over by Sublessee beyond the Permitted Holdover Period.

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 earlier termination 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 Lease without the express prior written consent of Landlord, such possession tenancy shall constitute be construed as a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a from month-to-month tenancy commencing (terminable by either Landlord or Tenant upon thirty (30) days’ prior written notice to the other) on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the same terms of this Leaseand conditions as are contained herein, except that the monthly Basic Fixed Monthly Rent payable by Tenant during such period of holding over for the initial month first two (2) months following the Termination Date or any earlier termination of holdover this Lease shall be automatically increase as of the Termination Date to an amount equal to one hundred twenty-five percent (125%) of the Basic Fixed Monthly Rent payable by Tenant for the calendar month immediately preceding prior to the date of termination, monthly Basic Rent for the second (2nd) month of holdover when Tenant commences such holding over and shall be thereafter automatically increase to one hundred fifty percent (150%) of the Basic Fixed Monthly Rent payable by Tenant for the calendar month immediately preceding prior to the date when Tenant commences such holding over (the “Holdover Rent”). Tenant’s payment of terminationsuch Holdover Rent, and the monthly Basic Rent for the third (3rd) and each successive month Landlord’s acceptance thereof, shall not constitute a waiver by Landlord of holdover any of Landlord’s rights or remedies with respect to such holding over, nor shall it be the greater of: (I) one hundred fifty percent (150%) deemed to be a consent by Landlord to Tenant’s continued occupancy or possession of the Basic Rent for Premises past the month immediately preceding time period covered by Tenant’s payment of the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or ProjectHoldover Rent. Furthermore, as the case may be. If if Tenant fails to surrender deliver possession of the Premises upon to Landlord within ten (10) business days after the expiration or earlier termination of this Lease despite demand Lease, then, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityloss, costs (including reasonable attorneys’ fees and expenses) and liability resulting from such failure, including without limitationlimiting the foregoing, any claims made by any succeeding tenant relating to such arising out of Tenant’s failure to so surrender, and any lost profits to Landlord resulting therefrom. Acceptance by Notwithstanding the provisions contained hereinabove regarding Tenant’s liability for a continuing holdover, Landlord agrees to use commercially reasonable efforts to insert into any future lease of rent after another tenant proposing to occupy the termination shall not constitute a consent Premises provisions similar to a holdover or result those contained in a renewal Section 2.1, permitting mitigation of this Lease. The foregoing provisions Tenant’s damages arising out of this Section are in addition to and do not affect Landlord's right 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 Term hereof without the prior express written consent of Landlord, such possession Tenant shall constitute become a tenancy tenant at sufferance only; such holding over with the prior written consent of Landlord shall constitute , at a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject rental rate equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Monthly Basic Rent, Storage Rent for 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 the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one two hundred fifty percent (150200%) of such aggregate amount thereafter during the Basic Rent for pendency of such holdover, and otherwise subject to the month immediately preceding terms, covenants and conditions herein specified, so far as applicable including, without limitation, the date obligation to pay increased Operating Expenses as provided in Paragraph 5. Acceptance by Landlord of termination; rent after such expiration or (ii) the then current Basic Rent for comparable space earlier termination shall not constitute a consent to a holdover hereunder or result in the Building a renewal. The foregoing provisions of this Paragraph 10 are in addition to and do not affect Landlord's right of re-entry or Project, any rights of Landlord hereunder or as the case may beotherwise provided by law. 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. Acceptance 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 rent after the Premises to Landlord as provided in this Lease upon expiration or other 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 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 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 without the prior written consent of LandlordTerm, such possession shall constitute Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance only; , and such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession 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 Basic Monthly Base Rent for the initial month of any such holdover period shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be equal to the greater of: of (Ii) one hundred fifty percent (150l50%) of the Basic Monthly Base Rent for the month in effect under this Lease immediately preceding the date of termination; prior to such holdover, or (ii) the then current Basic Rent currently scheduled rental rate for comparable space in the Building or ProjectBuilding, 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 surrenderin either event prorated on a daily basis. Acceptance by Landlord of rent after the such expiration or earlier termination shall will not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section Paragraph 11 are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant's failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. This Lease shall terminate without further notice upon on the expiration of the Term, and any Lease Expiration Date (as set forth in Article 1). Any holding over by Tenant after expiration of the expiration Lease Term shall not neither constitute a renewal or nor extension of this Lease, or Lease nor give Tenant any rights under in or to the Leased Premises except as expressly provided in this Lease, except when in writing signed by both partiesParagraph. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; Any such holding over with the prior written consent of to which Landlord has consented shall constitute be construed to be a tenancy from month to month-to-month tenancy commencing , on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the same terms of this Leaseand conditions herein specified insofar as applicable, except that the monthly Basic Rent for the initial month first three (3) months of such holdover period, the Base Monthly Rent shall be increased to an amount equal to one hundred twenty-five percent (125%) of the Basic Base Monthly Rent for payable during the last full month immediately preceding the date of terminationsuch holding over, monthly Basic Rent for the second (2nd) month of holdover and thereafter shall be increased to one hundred fifty percent (150%) of the Basic Base Monthly Rent for payable during the last full month immediately preceding such holding over. Without limiting the date of terminationforegoing, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building event of a holding over to which Landlord has consented, any rights of Landlord or Projectobligations of Tenant set forth in this Lease and purporting to apply during the term of this Lease, as shall nonetheless also be deemed to apply during any such hold over period. Tenant acknowledges that if Tenant holds over without Landlord’s consent, such holding over may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the case may beLeased Premises. If Therefore, if Tenant fails to surrender the Leased Premises upon the expiration or termination of this Lease despite demand Lease, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all loss or liabilityclaims resulting from such failure, including including, without limitationlimiting the foregoing, any claims made by any succeeding tenant relating to founded upon such failure to surrender. Acceptance , and any losses suffered by Landlord of rent after the termination shall not constitute a consent Landlord, including lost profits, resulting from such failure to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawsurrender.

Holding Over. This Lease shall terminate without further notice upon If, with Landlord’s express written consent, Tenant retains possession of the expiration Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any holding over by expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all ActiveUS 183164559v.14 000 Xxxxxxx Xxxxxx (AOTC) / WEREWOLF THERAPEUTICS, INC. - Page 11 other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration 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) termination of the Term without the prior express written consent of Landlord, such possession (A) Tenant shall constitute become a tenancy tenant at sufferance only; such holding over with upon the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination terms of this Lease. In either , including the obligation to pay 100% of such events, possession shall be subject to all of the terms of Additional Rent due under this Lease, except that the monthly Basic Base Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) equal to 150% of the Basic Base Rent for in effect during the month immediately preceding last 30 days of the date of terminationTerm, monthly Basic Rent for the second and (2ndB) month of holdover Tenant shall be one hundred fifty percent (150%) of the Basic Rent responsible for the month immediately preceding the date of terminationall damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of terminationincluding consequential damages; or (ii) the then current Basic Rent for comparable space in the Building or Projectprovided that, as the case may be. If unless Landlord gave written notice to Tenant fails to surrender the Premises upon at least 30 days before the expiration of this Lease despite demand the Term that a subsequent tenant would be leasing the Premises or any part thereof and that Landlord reasonably anticipates holding over is reasonably likely to do so by impact Landlord’s delivery schedule to such new tenant, Tenant shall indemnify be responsible for consequential damages only once Tenant’s holding over exceeds 30 days. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating this Section 8 shall not be construed as consent for Tenant to such failure to surrenderretain possession of the Premises. Acceptance by Landlord of rent Rent after the expiration of the Term or earlier termination of this Lease shall not constitute a consent to a holdover or result in a renewal or reinstatement of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration 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 partiesany other tenancy or in a renewal of the original term of this Lease. If Tenant holds over for remains in possession of all or any period part of the Premises after the expiration (expiation or earlier termination) termination of the Term without the prior written consent of Landlord's consent, such Tenant's continued possession shall constitute be on the basis of a tenancy at sufferance only; such holding over with and Tenant shall pay as Monthly Base Rent during the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject holdover period an amount equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: of (Ix) one hundred fifty percent (150%) of the Basic Rent 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 termination; expiration or (ii) earlier termination of the then current Basic Rent for comparable space in the Building or ProjectTerm. In addition, as the case may beduring such holdover period Tenant shall pay to Landlord all other sums required to be paid by Tenant to Landlord under 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. Acceptance The provisions of the immediately preceding sentence shall survive the expiration or earlier termination of this Lease. Nothing in this Subparagraph 11(b) 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 rent after the Premises to Landlord as provided in this Lease on the expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal of the Term of this Lease. The foregoing provisions provision of this Section are in addition Subparagraph 11(b) 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 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 without the prior written consent of LandlordTerm, such possession shall constitute Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance only; , and such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession 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 Basic Monthly Base Rent for the initial month of any such holdover period shall be equal to the greater of (i) one hundred twenty-five percent (125%) of the Basic Monthly Base Rent for the month in effect under this Lease immediately preceding the date of terminationprior to such holdover, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent currently scheduled rental rate for comparable space in the Building or ProjectBuilding, 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 surrenderin either event prorated on a daily basis. Acceptance by Landlord of rent after the such expiration or earlier termination shall will not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section Paragraph 11 are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant's failure to surrender the Premises. The provisions of this subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. This Lease 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 Premises or any portion thereof without the prior written Landlord's consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by 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 to founded on such failure to surrenderdelay. Acceptance of Rent by Landlord of rent after the following expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of , and nothing contained in this Section are in addition to and do not affect 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 Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall terminate without further notice upon the expiration be unlawfully and illegally in possession of the TermPremises, and whether or not Landlord accepts any holding over by rent from Tenant after or any other person while Tenant remains in possession of the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both partiesPremises without Landlord's written consent. If Tenant holds over for any period after the expiration (or earlier termination) shall retain possession of the Term Premises or any portion thereof without the prior written Landlord's consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlordor sooner termination for any reason, then Tenant shall indemnify pay to Landlord for each day of such retention triple the amount of daily rental as of the last month prior to the date of expiration or earlier termination. Tenant shall also indemnify, defend, protect and hold Landlord harmless from all loss any loss, liability or liabilitycost, including consequential and incidental damages and reasonable attorneys' fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any the succeeding tenant relating to founded on such failure to surrenderdelay. Acceptance of Rent by Landlord following expiration or earlier termination of rent after this Lease, or following demand by Landlord for possession of the termination Premises, shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of , and nothing contained in this Section are in addition to and do not affect 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 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 without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute Land on a month-to-month tenancy commencing on basis or otherwise. Notwithstanding the first (1st) day following the termination of this Lease. In either of such eventsforegoing, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If 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 and hold Landlord harmless from all loss or liabilityhave the right, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination but shall not constitute be obligated to, remain in possession of the Demised Premises and continue to operate and manage the same if Tenant would be legally prohibited from abandoning the Demised Premises or in Tenant's judgment, abandoning the Demised Premises without a consent Proper Successor in place to continue the operations of the Facility would jeopardize its (or its affiliates') reputation as a holdover provider of residential congregant, nursing and/or assisted living facility care or result 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 as gross rent during such occupancy 90% the Annual Rent payable by 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 renewal Proper Successor to take over the operation and management of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawthe 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 Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent the greater of (125%a) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, as the case may beunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's ’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 without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on only, 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, the party so desiring to terminate the same shall give the other party thirty (30) days written notice to that effect. In either of If such events, possession shall be subject to all of occupancy continues after the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date aforesaid notice of termination, monthly Basic Rent 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 second (2ndterm) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent and all additional rent for the month immediately preceding time, on a per diem basis, together with all costs, expenses and damages incurred by Landlord and its agents to obtain possession from Tenant. Furthermore, if such occupancy continues after the date aforesaid notice of termination, and or if Tenant shall continue its occupancy after the monthly Basic Rent for the third (3rd) and each successive month of holdover Termination Date without obtaining Landlord’s written consent, Tenant shall be the greater of: (I) one hundred fifty percent (150%) liable to Landlord for any loss of the Basic Rent for the month immediately preceding the date of termination; rents and/or liability sustained by Landlord or (ii) the then current Basic Rent for comparable space its agents in the Building or Project, as the case connection with any subsequent tenancy which may be. If Tenant fails have intended to surrender the occupy said Demised Premises upon at 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 surrenderthe term herein. Acceptance The acceptance of rent and/or additional rent by Landlord of rent after the termination shall not constitute be deemed to create a consent to a holdover new 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 additional tenancy other rights of Landlord under this Lease or at lawthan aforesaid.

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 without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this LeaseSublease or Subtenant's right to possession, Subtenant shall pay, as minimum damages and not as a penalty, monthly rental at a rate equal to double the rate of Minimum Rent and all additional rent payable by Sublandlord to Prime Landlord under the Prime Lease immediately prior to the expiration or other termination of this Sublease or of Subtenant's right to possession. In either The acceptance by Sublandlord of such events, possession any lesser sum shall be subject to all construed as payment on account and not in satisfaction of the terms of this Lease, except that the monthly Basic Rent damages for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may besuch holding over. If Tenant Subtenant fails to surrender the Premises PBOS Licensed/Subleased Area upon the expiration or termination of this Lease despite demand to do so by LandlordSublease, Tenant Subtenant shall indemnify indemnify, defend and hold Landlord harmless Sublandlord from all loss costs, loss, expense or liability, including without limitation, any claims made by Prime Landlord, claims made by any succeeding tenant relating to such failure to surrenderand real estate brokers' claims and attorneys' fees. Acceptance No acceptance by Landlord Sublandlord of rent after any Rent during or for any period following the expiration or termination of this Sublease shall not constitute a consent to a holdover operate or result in a be construed as an extension or renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawSublease.

Holding Over. This 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 the expiration (or earlier termination) of the Term without the prior written consent of Landlord, even if such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover part shall be one hundred twentyday) shall be a liquidated sum equal to one-five percent twelfth (125%1/12th) of one times the Basic Base Rent for and Additional Rent in addition to (plus) the month immediately original base rent required to be paid by Tenant during the calendar year preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) Termination Date or earlier expiration of the Basic Term. This means One and a Half the rental amount due as original Base Rent for and Additional Rent. The parties recognize and agree that the month immediately preceding damage to Landlord resulting from any failure by Tenant to timely surrender possession of the date Premises will be extremely substantial, will exceed the amount of termination, and the monthly Basic Base Rent for and Additional Rent payable hereunder and will be impossible to accurately measure. If the third (3rd) and each successive month of holdover shall be Premises are not surrendered upon the greater of: (I) one hundred fifty percent (150%) Termination Date or prior expiration of the Basic Rent for Term, in addition to the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by 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 surrender. Acceptance by Landlord the immediate repossession of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this LeasePremises. 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. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) termination of the Term without the prior written consent of LandlordTerm), such possession tenancy shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, only and possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover rental shall be one hundred twenty-five percent (125%) 150% of the Basic Rent total monthly rental for the month immediately preceding the date of termination, . The acceptance by Landlord of monthly Basic Rent for hold-over rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space full amount due unless otherwise agreed in the Building or Project, as the case may bewriting by Landlord. If Tenant Xxxxxx fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section 15.1 are in addition to and do not affect Landlord's ’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. ARTICLE 16.

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 Expiration Date with Landlord's express written consent, Tenant's occupancy shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute be a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject at a rental rate equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) % of the Basic Monthly Rent for and Additional Rent payable under this Lease during the last full month immediately preceding before the date of termination, monthly Basic Rent for the second (2nd) Expiration Date. The month-to-month of holdover tenancy shall be one hundred fifty percent (150%) of on the Basic Rent for the month immediately preceding the date of terminationterms, provisions, and the monthly Basic Rent for the third (3rd) and each successive month conditions 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 this Lease except as provided in the Building or Project, as the case may bepreceding sentence. If Tenant fails to surrender holds over after the Premises upon Expiration Date without the expiration express written consent of this Lease despite demand to do so by Landlord, Tenant shall indemnify become a tenant at sufferance only, at a rental rate equal to 150% of the Basic Monthly Rent and hold Landlord harmless from all loss or liabilityAdditional Rent in effect immediately prior to expiration of the Term (prorated on a daily basis), including without limitationand otherwise subject to the terms, any claims made by any succeeding tenant relating to such failure to surrenderprovisions, and conditions herein specified, so far as applicable. Acceptance by Landlord of rent after the such expiration or earlier termination shall not constitute a consent to a holdover tenancy hereunder or result in a renewal of this Leaserenewal. The foregoing provisions of this Section Paragraph 24.2 are in addition to to, and do not affect affect, Landlord's right of re-entry or any other rights of Landlord under hereunder or as otherwise provided by law. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this Paragraph 24.2 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be liable to Landlord for any lost profits or any other form of consequential damages suffered by Landlord as a result of a Tenant holdover unless Landlord has delivered at least 30 days prior written notice to Tenant that Landlord, has a tenant for the Premises upon the expiration of the Term and Tenant thereafter holds over, then Tenant shall be liable to Landlord for any lost rents and any other damages suffered Landlord on account of such holdover (collectively, "Holdover Lost Rents and Successor Damages"). Subject to the provisions of this Paragraph 24.2, and provided Landlord has provided Tenant with reasonable back-up documentation evidencing such losses and damages, Tenant shall indemnify, defend and hold Landlord harmless from and against any Holdover Lost Rents and Successor Damages resulting from any holdover by Tenant beyond the Expiration Date.

Holding Over. This Lease 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 without the prior written consent of Landlordreason, such possession then Tenant shall constitute a tenancy at sufferance only; such holding over with the prior written consent of pay to Landlord shall constitute a month-to-month tenancy commencing on the first (1st) for each day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be retention one hundred fifty percent (150%) of the Basic Rent for amount of daily rental as of the last month immediately preceding prior to the date of expiration or earlier termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify 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. Acceptance of Rent by Landlord of rent after the following expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal of this Lease, and nothing contained in this Paragraph 25 shall waive Landlord’s right of reentry or any other right. Additionally, 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 obligations as it deems necessary at Tenant’s sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. The foregoing provisions of this Section are in addition to and do not affect Landlord's right Paragraph 25 shall survive any expiration or earlier termination of re-entry or any other rights of Landlord under this Lease or at lawLease.

Holding Over. This Lease shall terminate without further notice upon 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 Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date greater of termination, and the monthly Basic Rent for the third (3rda) 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; termination or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, as the case may beunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's ’s right of re-entry re‑entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease Holding over by Subtenant is specifically prohibited, and Subtenant shall terminate without further notice upon have no right to retain possession of the Sublease Premises following the expiration or earlier termination of the Term, and Sublease Term (“Holding Over”). If Subtenant fails to vacate the Sublease Premises or any holding over by Tenant after portion thereof on or prior to the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either Sublease, or if Subtenant fails to deliver the Sublease Premises to Sublandlord in the condition required by this Sublease then, in addition to any other right or remedy of such eventsSublandlord under this Sublease, possession at law or in equity, Subtenant shall be subject pay to all Sublandlord, in addition to Additional Rent and Other Charges, an amount equal to the greater of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic monthly Base Rent in effect immediately prior to the expiration or earlier termination of this Sublease for the each month immediately preceding the date of termination(or portion thereof) that such failure(s) continue(s), and (b) the monthly Basic Rent for holdover rent Sublandlord is required to pay to Master Landlord under the third (3rd) and each successive month of holdover Master Lease due to Subtenant’s Holding Over. In addition, Subtenant shall be liable to Sublandlord for all damages incurred by Sublandlord as a result of such Holding Over (including, but not limited to, attorneys' fees and expenses and any rent payable by Sublandlord to Master Landlord under the greater of: Master Lease) (Iincluding consequential damages) one hundred fifty percent (150%) incurred by Sublandlord as a result of such holding over. No Holding Over by Subtenant or payment by Subtenant after the expiration or earlier termination of this Sublease shall be construed to extend the Sublease Term or prevent Sublandlord from immediately recovering possession of the Basic Rent for the month immediately preceding the date of termination; Sublease Premises by summary proceedings or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such 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 lawotherwise.

Holding Over. This Lease shall terminate Should Tenant, without further notice upon the expiration of the TermLandlord’s written consent, and any holding hold over by Tenant after the expiration shall not constitute a renewal or extension termination of this Lease, or give Tenant any rights under this Leaseshall, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of at Landlord’s option, such possession shall constitute become either a tenancy tenant at sufferance only; such holding over with the prior written consent of Landlord shall constitute or a month-to-month tenant upon each and all of the terms herein provided as may be applicable to such a tenancy commencing on the first (1st) day following the termination and any such holding over shall not constitute an extension of this Lease. In either Tenant may elect to delay the Expiration Date of such events, possession shall be subject this Lease by up to all three (3) months (the “Holdover Period”) by delivering written notice of its election to extend the Expiration Date no later than twelve (12) months prior to the then existing Expiration Date of the terms Term of this the Lease. During such Holdover Period, except that the monthly Tenant shall pay in advance, monthly, Basic Rent for the initial month of holdover shall be Rental at a rate equal to one hundred twenty-five percent (125%) of the Basic Rent rate in effect for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) last month of holdover the Term of this Lease, in addition to, and not in lieu of, all other payments required to be made by Tenant hereunder including but not limited to Tenant’s Proportionate Share of any increase in Direct Costs. Nothing contained in this Article 5 shall be one hundred fifty percent (150%) construed as consent by Landlord to any holding over of the Basic Rent for the month immediately preceding the date of terminationPremises by Tenant, and Landlord expressly reserves the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) right to require Tenant to surrender possession of the Basic Rent for Premises to Landlord as provided in this Lease upon the month immediately preceding expiration or earlier termination of the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beTerm. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease despite demand to do so by LandlordLease, Tenant shall indemnify agrees to indemnify, defend and hold Landlord harmless from all loss costs, loss, expense or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance 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 lawreal estate brokers claims and attorney’s fees and costs.

Holding Over. This Lease shall terminate without further notice upon If Tenant holds over after the expiration of the Lease Term, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and any holding over by Tenant after the expiration shall not constitute a renewal hereof or an extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlordfurther term, and in such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession case Base Rent shall be subject payable at a monthly rate equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Base Rent for applicable immediately before the expiration of the Lease Term. Such Industrial Lease—Las Vegas, Nevada 0000 X. Xxxxxxx Xxxx. Xxx Xxxxx, Xxxxxx Switch Communications Group, L.L.C. Table of Contents month-to-month immediately preceding the date of terminationtenancy shall be subject to every other term, covenant and agreement contained herein. Nothing contained in this Section 2.04 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) right to require Tenant to surrender possession of the Basic Rent for Property to Landlord as provided in this Lease upon the month immediately preceding the date expiration or other termination of termination; this Lease. The provisions of this Section 2.04 shall not be deemed to limit or (ii) the then current Basic Rent for comparable space in the Building constitute a waiver of any other rights or Project, as the case may beremedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises Property upon the termination or expiration of this Lease despite demand in the condition required by Sections 6.06 and 10.07 of this Lease, without the written consent of Landlord or pursuant to do so by Landlordthe provisions of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss 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, and any lost profits to Landlord resulting therefrom. Acceptance by Tenant, prior to Tenant’s holdover of the Property, may request from Landlord notice of rent after the termination shall not constitute following: (1) whether Landlord has at such time entered into a consent to new lease for the Property, and (2) whether Landlord anticipates incurring any damages as a result of Tenant’s holdover or result in a renewal of this Lease. The foregoing provisions the Property, specifying the amount of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawsuch damages.

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant remains in possession of the Term, and Premises or any holding over by Tenant part thereof after the expiration or earlier termination of the term hereof with Landlord’s consent, such occupancy shall not constitute be a renewal or extension tenancy from month to month upon all the terms and conditions 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 Lease pertaining to the expiration (or earlier termination) obligations of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this LeaseTenant, except that the monthly Basic Base Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover payable shall be one hundred fifty percent (150%) of the Basic Base Rent for the month payable immediately preceding the termination date of terminationthis Lease, and all Options, if any, shall be deemed terminated and be of no further effect. If Tenant remains in possession of the Premises or any part thereof, after the expiration of the term hereof without Landlord’s consent, Tenant shall, at Landlord’s option, be treated as a tenant at sufferance or a trespasser, and the monthly Basic Base 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 Base Rent for the month payable immediately preceding the termination date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such 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 Nothing contained herein shall be construed to constitute Landlord’s consent to Tenant holding over at the expiration or earlier termination of the Lease term or to give Tenant the right to hold over after the expiration or earlier termination of the Lease term. Tenant hereby agrees to indemnify, hold harmless and defend Landlord from any cost, loss, claim or liability (including attorneys’ fees) Landlord may incur as a result of Tenant’s failure to surrender possession of the Premises to Landlord upon the 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 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 earlier termination) other termination of the Term this Lease without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute be construed to be a month-to-month tenancy commencing at sufferance on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Leaseset forth herein, except that the monthly Basic Base Rent for the initial month of holdover shall be equal to one hundred twenty-twenty five percent (125%) of the Basic Base Rent payable by Tenant immediately prior to such holding over for the month immediately preceding the date first thirty (30) days of termination, monthly Basic Rent for the second (2nd) month of holdover shall be such holding over and one hundred fifty percent (150%) thereafter. Acceptance by Landlord of Rent after the expiration or termination of this Lease shall not constitute a consent by Landlord to any such tenancy from month to month or result in any other tenancy or any renewal of the Basic Rent for term hereof. Tenant acknowledges that if Tenant holds over without Landlord’s consent, such holding over may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the month immediately preceding the date of terminationPremises. Therefore, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If 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 surrender. Acceptance by surrender 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 rent after the termination shall not constitute Landlord’s entry into a consent lease or other agreement that will give rise to a holdover or result in a renewal of this Leasesuch claims. The foregoing provisions of this Section Paragraph are in addition to to, and do not affect affect, Landlord's ’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 Tenant will not hold over in the expiration Premises after the end of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term Lease term without the express prior written consent of Landlord, which may be withheld arbitrarily. However, provided that Tenant is not in default, Tenant may extend the Lease Term on the same terms and conditions provided that Tenant delivers an unconditional extension notice to Landlord at least six (6) months before the end of the term (or any extensions thereof) and specifies in that notice the length of extension period, which cannot be more than three (3) months. If Tenant validly exercises this extension right, the term will be deemed extended for the period specified in Tenant's notice (but not for more than three (3) months), and such possession shall constitute extension will be part of the Lease term and will not be considered a holding over by Tenant, but there will be no further extension rights. This extension right is applicable only at the end of the Lease term, as extended. Landlord will diligently attempt to include in its lease with any succeeding or prospective tenant provisions disclaiming liability for consequential damages (i.e., damages for lost business or revenue, as opposed to actual damages or penalties) to any such tenant, and/or provisions limiting such succeeding or prospective tenant's remedies solely to the termination of the Lease, as a result of Landlord's failure to substantially complete and deliver space to such tenant as required, but Tenant will indemnify Landlord for, and hold Landlord harmless from, any and all Liabilities arising out of or in connection with any holding over, including, without limitation, any claims made by any succeeding or prospective tenant and any loss of rent suffered by Landlord. If, despite this express agreement, any tenancy is created by Tenant's holding over, except as specifically set forth in the next sentence the tenancy will be a tenancy at sufferance only; such holding over with the prior will terminable immediately at Landlord's sole option on written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such eventsnotice to Tenant, possession shall be but otherwise subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall most recent annual base rent will be one hundred twenty-five percent doubled (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; except as specifically set forth in Section 16.4). Nothing in this Article or (ii) the then current Basic Rent for comparable space elsewhere in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand permits Tenant to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss over or liability, including without limitation, in 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 way limits Landlord's right of re-entry or any 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 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 without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold 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 or delay. The parties recognize and agree that the damage to surrenderLandlord resulting from any failure by Tenant to surrender possession of 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. Acceptance by Unless Landlord and Tenant agree otherwise in writing, if possession of rent 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 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 constitute a consent be deemed to a holdover extend the Term or result in a renewal renew this Lease, but the tenancy shall be from month to month upon the terms and conditions of this Lease at the Percentage Rent and additional Rent as herein increased. This provision shall survive the expiration or earlier termination of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease Tenant shall terminate without further notice vacate the Premises immediately upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (Term or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either Tenant shall reimburse Landlord for and indemnify Landlord against all damages incurred by Landlord as a result of such eventsany delay by Tenant in vacating the Premises that extends beyond thirty (30) days. If, possession shall be subject to all upon the expiration date or the date of the terms earlier termination of this Lease, except Tenant fails to vacate or deliver possession of the Premises to Landlord, then this Lease shall become a month to month tenancy, subject to all the terms and conditions set forth herein; provided, however that the monthly Basic Rent for the initial month Tenant shall pay to Landlord, by way of holdover shall be liquidated damages, and not as a penalty, one hundred twenty-five percent (125%) of the Basic monthly Base Rent at the then current rate for the first month immediately preceding of the holdover period and then increased to an amount that is one-and-one-half (1½) times the Base Rent at the then current rate (such sum being hereafter referred to as the "Holdover Rent") for each month Tenant occupies any part of the Premises, together with any other sums payable hereunder, commencing with the Expiration Date or the date of termination, monthly Basic any earlier termination of this Lease and ending with the date that Tenant vacates or delivers possession of the Premises to Landlord. The Holdover Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) payable monthly in advance on the first day of each month. The Holdover Rent shall be prorated for partial months. Notwithstanding anything to the contrary herein, Landlord expressly reserves all rights under applicable law to evict Tenant from the Premises if Tenant fails to vacate or deliver possession of the Basic Rent for Premises to Landlord upon the month immediately preceding Expiration Date or the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the earlier termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition , and Tenant expressly waives all legal notice to and do not affect Landlord's right of re-entry or any other rights of Landlord vacate the Premises, if available under this Lease or at applicable law.

Holding Over. This Lease Tenant agrees it shall terminate without further notice upon the expiration of the Termindemnify and save Landlord harmless against all costs, and any holding over claims, loss or liability resulting from delay by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender surrendering the Premises upon the expiration or sooner termination of the term of this Lease despite demand to do so by LandlordLease, Tenant shall indemnify and hold Landlord harmless from all loss or liabilityincluding, including without limitation, any claims made by any succeeding tenant relating founded on such delay. Tenant agrees that if possession of the Premises is not Surrendered to Landlord upon tile Expiration Date or sooner termination of the term of this Lease, then Tenant will pay Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after expiration or sooner termination of the term of this Lease (the "Holdover Period"), a sum (the "Holdover Rent") equal to one hundred fifty percent (150%) times tile average of the monthly installments of Rent which was payable per month under this Lease during tile six (6) months period preceding such failure expiration or sooner termination of the term of this Lease, which Holdover Rent shall be in addition to surrenderall other costs, claims, losses or liabilities which Tenant has agreed to indemnify Landlord against pursuant to this Section. Acceptance by If Landlord of rent shall, at any time after the expiration or sooner termination shall not constitute a consent of the term hereof, proceed to remove Tenant from the Premises as a holdover tenant, Tenant shall pay the Holdover Rent for the use and occupancy of the Premises during any Holdover Period. Tenant's aforesaid obligations shall survive the expiration or result in a renewal earlier termination of the term of this Lease. The foregoing provisions There shall be no renewal of this Section are in addition to and do not affect Landlord's right Lease by operation of re-entry or any other rights of Landlord under this Lease or at law.

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 notice become a tenant from month to month only upon the expiration each and all of the Term, terms herein provided as may be applicable to such month to month tenancy and any such holding over by Tenant after the expiration shall not constitute a renewal or an extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; During such holding over with the prior written consent of Landlord over, Tenant shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject pay monthly Rent equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic last monthly Rent and the other monetary charges as provided herein. Such tenancy shall only be available to Tenant for a maximum of two (2) calendar months and may be terminated by Landlord or Tenant by giving at least ten (10) days written notice prior to the month immediately preceding end of the date first hold over calendar month. None of termination, monthly Basic Rent for the second (2nd) month of holdover terms in the paragraph or the fact that the Tenant is allowed to hold over shall be one hundred fifty percent (150%) considered as an assurance to the Tenant that it may continue occupancy of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon after the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal Term of this Lease. The foregoing provisions , or as an extension of the Term of this Section are in addition to and do not affect Lease by the Landlord on any basis, nor as a waiver of any of the Landlord's right of rights to terminate this Lease and re-entry enter the Premises. Nothing contained herein shall be construed to give Tenant the right 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. Tenant shall reimburse Landlord and indemnify Landlord against all damages incurred by Landlord from any other rights of Landlord under this Lease or at lawdelay by Tenant in vacating the Premises.

Holding Over. This Lease shall terminate without further notice upon Subtenant shall, at the expiration termination of this Sublease 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. Should Subtenant continue to hold the Term, and any holding over by Tenant Subleased Premises and/or the FF&E after the expiration shall not constitute a renewal or extension earlier termination of this LeaseSublease, or give Tenant any rights under after reentry by Sublandlord without terminating this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of LandlordSublease, such possession holding over, unless otherwise agreed to by Sublandlord in writing, shall constitute and be construed as a tenancy at sufferance only; such holding over with the prior written consent and not a tenancy at will. Subtenant shall have no right to notice under Official Code of Landlord shall constitute a monthGeorgia Annotated §44-to7-month tenancy commencing on the first (1st) day following 7 of the termination of this Leaseits tenancy. In either Subtenant shall pay monthly installments of such events, possession shall be subject Rent equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic monthly portion of Rent for the month immediately preceding in effect as of the date of termination, monthly Basic Rent expiration or earlier termination for the second first ninety (2nd90) month days of holdover shall be such holding over and one hundred fifty percent (150%) thereafter, and subject to all of the Basic Rent other terms, charges and expenses set forth herein. Subtenant shall also be liable to Sublandlord for the month immediately preceding the date all damage which Sublandlord suffers because of terminationany holding over by Subtenant, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant 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 surrender. Acceptance by Landlord of rent after extend the termination shall not constitute a consent to a holdover or result Term except as otherwise expressly provided in a renewal of this Leasewritten 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 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 Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: of (Ia) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord's right to recover the full amount due for any holdover by Tenant, as the case may beunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease 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 without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on only, 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, the party so desiring to terminate the same shall give the other party thirty (30) days' written notice to that effect. In either of If such events, possession shall be subject to all of occupancy continues after the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date aforesaid notice of termination, monthly Basic Rent 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 second (2ndterm) month of holdover shall be one hundred fifty percent (150%) and all additional rent for the time, on a per diem basis, Tenant retains possession of the Basic Rent for Demised Premises or any part thereof after termination of the month immediately preceding term, together with all costs, expenses and damages incurred by Landlord and its agents to obtain possession from Tenant. Furthermore, if such occupancy continues after the date aforesaid notice of termination, and or if Tenant shall continue its occupancy after the monthly Basic Rent for the third (3rd) and each successive month of holdover Termination Date without obtaining Landlord's written consent, Tenant shall be the greater of: (I) one hundred fifty percent (150%) liable to Landlord for any loss of the Basic Rent for the month immediately preceding the date of termination; rents and/or liability sustained by Landlord or (ii) the then current Basic Rent for comparable space its agents in the Building or Project, as the case connection with any subsequent tenancy which may be. If Tenant fails have intended to surrender the occupy said Demised Premises upon at 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 surrenderthe term herein. Acceptance The acceptance of rent and/or additional rent by Landlord of rent after the termination shall not constitute be deemed to create a consent to a holdover new 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 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, unless the parties hereto otherwise agree in writing on the terms of such holding over, the hold over tenancy shall be subject to termination by Landlord at any time upon not less than thirty (30) days advance written notice, or give Tenant by you at any rights under 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 when in writing signed by both partiesthat you shall pay Landlord from time to time upon demand, as rental for the 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 Tenant holds over 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 period after the expiration (or earlier termination) portion of the Term 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 the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination operate to extend this Lease except as otherwise expressly provided. The preceding provisions of this Leaseparagraph shall not be construed as consent for you to hold over. In either 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 such eventsyour intention to holdover pursuant to this Section, possession shall which notification must specify the holdover period (up to nine months) and which notification must be subject to all of received by Landlord no later than the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one three hundred twenty-five percent (125%) of the Basic Rent for the month and sixty fourth day immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) last day of the Basic Rent for the month immediately preceding the date of terminationexpiring term, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) time being of the Basic Rent for essence. Failure to provide the month immediately preceding required notification within the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or time specified will result in a renewal lapse of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawsuch right.

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) termination of the Term term hereof without the prior express written consent of Landlord, such possession Tenant shall constitute become a tenancy Tenant at sufferance only; such holding over with the prior written consent of Landlord shall constitute , at a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject rental rate equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding rent in effect upon the date of terminationsuch expiration (subject to adjustment as provided in Paragraph 4 hereof and prorated on a daily basis), and otherwise subject to the monthly Basic Rent for terms, covenants and conditions herein specified, so far as applicable. If Tenant desires to holdover possession of the third (3rd) and each successive month Premises after the expiration of the term with the consent of Landlord, Tenant shall provide Landlord with at least six months' prior written notice of Tenant's desire to do so, which notice shall specify the number of days or months of the proposed holdover. Landlord shall notify Tenant within ten business days after receipt of Tenant's notice whether Landlord will be able to accommodate Tenant's request. Any such holdover shall will be the greater of: (I) a rental rate equal to one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding rent in effect upon the date of termination; such expiration (subject to adjustment as provided in Paragraph 4 hereof and prorated on a daily basis), and otherwise subject to the terms, covenants and conditions herein specified, so far as applicable. Acceptance by Landlord of rent after such expiration or (ii) the then current Basic Rent for comparable space earlier termination shall not result in the Building a renewal of this Lease. The foregoing provisions of this Article 9 are in addition to and do not affect Landlord's right of re-entry or Project, any rights of Landlord hereunder or as the case may beotherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease or following any permitted holdover period, despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims claim made by any succeeding tenant relating to founded on or resulting from such failure to surrendersurrender and any attorneys' fees and costs. 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.ARTICLE 10

Holding Over. This Lease shall terminate without further notice upon the expiration If Lessee, or any assignee or sublessee of Lessee, holds over possession of the TermPremises beyond the Termination Date, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with shall not be deemed to extend the prior written consent of Landlord Term or renew this Lease but such holding over shall constitute a month-to-month tenancy commencing on continue upon the first (1st) day following the termination terms, covenants and conditions of this Lease. In either Lease except that Lessee agrees that the charge for use and occupancy of the Premises for each calendar month or portion thereof that Lessee holds over (even if such events, possession part shall be subject one day) shall be a liquidated sum equal to all one-twelfth (1/12th) of 1.5 times the Basic Rent and Additional Rent required to be paid by Lessee during the calendar year preceding the Termination Date. The parties recognize and agree that the damage to Lessor resulting from any failure by Lessee to timely surrender possession of the terms Premises will be extremely substantial, will exceed the amount of this Lease, except that the monthly Basic Rent for the initial month of holdover shall and Additional Rent payable hereunder and will be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beimpossible to accurately 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 surrender. Acceptance by Landlord remove any assignee or sublessee of rent after Lessee, or other party claiming rights to the Premises under or through Lessee upon the expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal of this Leasethe 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 without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold 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 or delay. The parties recognize and agree that the damage to surrenderLandlord resulting from any failure by Xxxxxx to surrender possession of 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. Acceptance by Unless Landlord and Tenant agree otherwise in writing, if possession of rent 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 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 constitute a consent be deemed to a holdover extend the Term or result in a renewal renew this Lease, but the tenancy shall be from month to month upon the terms and conditions of this Lease at the Percentage Rent and additional Rent as herein increased. This provision shall survive the expiration or earlier termination of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon Tenant 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 without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold 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 or delay. The parties recognize and agree that the damage to surrenderLandlord resulting from any failure by Tenant to surrender possession of the Land and Improvements as required by Section 20.01 above timely as aforesaid may exceed the amount of any Rent theretofore payable hereunder, and will be impossible to measure accurately. Acceptance by Unless Landlord and Tenant agree otherwise in writing, if possession of rent 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 constitute a consent be deemed to a holdover extend the Term or result in a renewal renew this Lease, but the tenancy shall be from month to month upon the terms and conditions of this Lease at the Prevailing Rent as reasonably determined by Landlord. This provision shall survive the expiration or earlier termination of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any 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 Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one two hundred twenty-five percent (125200%) of the greater of (a) the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination or (iib) the then current men currently scheduled Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.,

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant remains in possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination 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 Lease with the expiration (or earlier termination) of the Term without the prior express written consent of Landlord, such possession Tenant's occupancy shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute be a month-to-month tenancy commencing at a rent agreed upon by Landlord and Tenant, but in no event less than the greater of (i) the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as mutually agreed by Landlord and Tenant) for the Premises. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the monthly Basic Rent for the initial month of holdover Building contained in this Lease shall be one hundred twenty-five percent (125%) deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the Basic original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent (or Landlord and Tenant have not otherwise been able to agree on the Monthly Rent payable for the month immediately preceding the date of terminationsuch holdover period), monthly Basic Rent for the second (2nd) month of holdover Tenant's continued possession shall be one hundred fifty percent (150%) on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be period an amount equal to the greater of: of (Ii) one hundred fifty percent (150%) of the Basic Rent fair market rental (as reasonably determined by Landlord) for the month immediately preceding the date of termination; Premises or (ii) two hundred percent (200%) of the then current Basic Monthly Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of and Additional Rent payable under this Lease despite demand for the last full month prior to do so by Landlordthe date of such expiration or termination. Except as specifically provided in this Paragraph 20, Tenant the holdover tenancy shall indemnify be on the terms 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 conditions 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 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, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with will not be deemed to extend the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on Term or renew this Lease but such holding over will continue upon the first (1st) day following the termination terms, covenants and conditions of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, Lease except that the monthly Basic Rent charge for use and occupancy of the initial Premises for each calendar month of holdover shall or portion thereof that Tenant or such assignee or subtenant holds over will be a liquidated sum equal to one hundred twentyand one-five percent half (125%1½) of times the Basic Rent and Additional Rent payable for the month immediately preceding the date expiration or earlier termination of termination, monthly Basic Rent this Lease for the second first thirty (2nd30) month days of holdover shall be one hundred fifty percent such holding over, and thereafter, two (150%2) of times the Basic Rent and Additional Rent payable for the month immediately preceding the date expiration or earlier termination of termination, this Lease. 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 for the third (3rd) and each successive month of holdover shall Additional Rent and will be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beimpossible to accurately 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 to surrenderexecuted lease. Acceptance Nothing contained in this Lease will be construed as a consent by Landlord to the occupancy or possession of rent after the Premises beyond the expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal 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 the expiration (or earlier termination) termination of the Term this Lease without the prior express written consent of Landlord, such possession Tenant shall constitute become a tenancy tenant at sufferance only; . Tenant agrees that the reasonable value of the use of the Premises during any such holding over with the prior written without consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic monthly Base Rent for the month immediately preceding in effect upon the date of termination, such termination (without regard to any abatement of such monthly Base Rent and the monthly Basic Rent for the third (3rdprorated on a daily basis) and each successive month of Tenant shall continue to pay during such holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic period all Additional Rent for the month immediately preceding payable by Tenant in effect upon the date of termination; such termination (prorated on a daily basis). Acceptance by Landlord of rent after such termination shall not constitute a hold over hereunder or (ii) the then current Basic Rent for comparable space result in the Building or Project, as the case may bea 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. Acceptance by Landlord The provisions of rent after this Paragraph 21 shall survive the expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section 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 Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of LandlordExpiration Date, such possession by Tenant shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute be deemed to be a month-to-month tenancy commencing 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, 125% of the first (1st) day following Basic Monthly Rent in effect immediately prior to the termination 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. In either of such events, possession shall be subject to all of the terms All provisions of this Lease, Lease except that the monthly Basic Rent for the initial month of holdover those pertaining to Term shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beapply to any 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 Landlord harmless from all loss or liabilityAdditional Rent in effect immediately prior to expiration of the Term (prorated on a daily basis), including without limitationand otherwise subject to the terms, any claims made by any succeeding tenant relating to such failure to surrenderprovisions, and conditions herein specified, so far as applicable. Acceptance by Landlord of rent after the such expiration or earlier termination shall not constitute a consent to a holdover tenancy hereunder or result in a renewal of this Leaserenewal. The foregoing provisions of this Section Paragraph 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 the expiration of the Term, and any holding Section 21.1 Should Tenant hold over by Tenant in possession after the expiration shall not constitute a renewal or extension of this LeaseExpiration Date, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with shall not be deemed to extend the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of Lease Term or any Renewal Term or renew this Lease. In either of such events, possession shall be subject Tenant agrees to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold save Landlord harmless from and against all loss or liabilityclaims, including losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements) resulting from delay by Tenant in surrendering the Demised Premises, including, without limitation, any claims made by any succeeding tenant relating founded on such delay. The parties recognize and agree that the damage to such Landlord resulting from any failure by Tenant to timely surrender possession of the Demised Premises as aforesaid will be extremely substantial, will exceed the amount of the monthly installments of the Fixed Rent and Additional Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Demised Premises is not surrendered to Landlord on the Expiration Date, in addition to any other rights and remedies Landlord may have hereunder or at law, and without in any manner limiting Landlord's right to demonstrate and collect any damages suffered by Landlord and arising from Tenant's failure to surrendersurrender the Demised Premises as provided herein, Tenant shall pay to Landlord on account of use and occupancy of the Demised Premises for each month and for each portion of any month during which Tenant holds over after the Expiration Date, a sum equal to 150% of the Fixed Rent which was payable under this Lease during the last month of the Lease Term or any Renewal Term for the initial thirty (30) day holdover period. Acceptance Thereafter, such sum shall be calculated at the rate of 175% for any periods after thirty (30) days following the Expiration Date. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Demised Premises after the Expiration Date or to limit in any manner Landlord's right to regain possession of the Demised Premises through summary proceeding or otherwise, and no acceptance by Landlord of rent payments from Tenant after the termination Expiration Date shall not constitute a consent be deemed to a holdover or result be other than on account of the amount to be paid by Tenant in a renewal of this Lease. The foregoing accordance with the provisions of this Section are in addition to and do not affect Landlord's right 21.1. The provisions of re-entry or any other rights of Landlord under this Lease or at lawSection 21.1 shall survive the Expiration Date.

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 any earlier termination of this Lease, or give Tenant any rights Lease such occupancy shall be deemed to be under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy, which shall continue until either party provides thirty (30) days’ written notice to the other that the notifying party elects to terminate the tenancy, in which event the tenancy commencing on shall terminate at the first end of the thirty (1st30) day following the termination of this Leaseperiod. In either of The Base Rent during such events, possession tenancy shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be equal one hundred twenty-twenty five percent (125%) percent of the Basic Base Rent for the month immediately preceding Lease Year during which expiration or termination of the date 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 terminationLandlord’s rights under this Lease or applicable law or implying any right to remain in possession, monthly Basic Tenant agrees to pay to Landlord as Base Rent for the second (2nd) month Premises until the Tenant surrenders possession of holdover shall be the Premises to Landlord, a sum equaling one hundred fifty percent (150%) percent of the Basic amount of monthly Base Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; Lease Year during which termination or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beexpiration 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. Acceptance by Landlord deliver the Premises to or make the Premises available for a subsequent tenant 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 lawPremises.

Holding Over. This Lease shall terminate without further notice upon If, with Landlord’s express written consent, Tenant retains possession of the expiration Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any holding over by expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant 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 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) termination of the Term without the prior express written consent of Landlord, such possession (A) Tenant shall constitute become a tenancy tenant at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of upon the terms of this Lease, Lease except that the monthly Basic Rent for the initial month of holdover rental shall be one hundred twenty-five percent (125%) equal to 150% of Base Rent in effect during the last 30 days of the Basic Rent for the month immediately preceding the date of terminationTerm, monthly Basic Rent for the second plus Operating Expenses and all other amounts due under this Lease, and (2ndB) month of holdover Tenant shall be one hundred fifty percent (150%) responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages; provided, however, that if Tenant delivers a written inquiry to Landlord within 30 days prior to the expiration or earlier termination of the Basic Rent Term, Landlord will notify Tenant whether the potential exists for the month immediately preceding the date 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 the monthly Basic Rent this Section 8 shall not be construed as consent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) Tenant to retain possession of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrenderPremises. Acceptance by Landlord of rent Rent after the expiration of the Term or earlier termination of this Lease shall not constitute a consent to a holdover or result in a renewal or reinstatement of this Lease. The foregoing provisions 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 Lease shall terminate without further notice upon If Tenant holds over after the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (Lease Term or earlier termination) of the Term without the prior written consent of Landlord, termination thereof such possession tenancy shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a be from month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of only, and shall not, except as set forth below, constitute a renewal hereof or an extension for any further term, and in such events, possession case Base Rent shall be subject payable at a monthly rate equal to all the product of (i) the Base Rent applicable during the last rental period of the terms of Lease Term under this Lease, except that the monthly Basic Rent for the initial month of holdover shall be and (ii) one hundred twenty-five percent (125%) ). Such month-to-month tenancy shall be subject to every other term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Basic Rent for Premises to Landlord as provided in this Lease upon the month immediately preceding expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord’s consent, such holding over may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the date of terminationPremises. Therefore, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If 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 shall, except as otherwise expressly provided in this Lease, 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 WATER’S EDGE [Electronic Arts] the generality of the foregoing, any claims made by any succeeding tenant relating to founded upon such failure to surrender. Acceptance , and any losses suffered by Landlord of rent after the termination shall not constitute a consent Landlord, including lost profits to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition Landlord, resulting from such failure to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawsurrender.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding If Subtenant holds over by Tenant after the expiration or earlier termination of this Sublease with the express or implied consent of Sublandlord, such tenancy shall be from month-to-month only and shall not constitute a renewal hereof or an extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a further term. Such month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms and provisions of this LeaseSublease, except that Subtenant shall pay Base Rent and Additional Rent in an amount (on a per month basis without reduction for partial months during the monthly Basic holdover) equal to 150% of the sum of the Base Rent and Additional Rent due for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month period immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover holdover. Nothing contained in this Section 15 shall be one hundred fifty percent (150%) construed as consent by Sublandlord to any holding over by Subtenant, and Sublandlord expressly reserves the right to recover immediate possession of the Basic Rent for Subleased Premises by summary proceedings or otherwise. In addition to the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) payment of the Basic Rent for amounts provided above, if Sublandlord is unable to deliver possession of the month immediately preceding the date of termination; Subleased Premises to a new subtenant or (ii) the then current Basic Rent for comparable space in the Building or Projectto Landlord, as the case may be. If Tenant fails , or to surrender the Premises upon the expiration perform improvements for a new subtenant, as a result of this Lease despite demand Subtenant’s holdover, Subtenant shall be liable to do so by LandlordSublandlord for all damages, Tenant shall indemnify and hold Landlord harmless from all loss or liabilityincluding, including without limitation, any claims made by any succeeding tenant relating to consequential damages, that Sublandlord suffers from the holdover; Subtenant expressly acknowledges that such failure to surrender. Acceptance damages may include all of the holdover rent charged by Landlord under the Master Lease as a result of Subtenant’s holdover, which Master Lease holdover rent after may apply to the termination shall not constitute a consent to a holdover entire Master Lease Premises. Notwithstanding any other term or result in a renewal provision of this Lease. The foregoing provisions Sublease, if the Term expires on the Expiration Date (as opposed to an early termination for any reason), Subtenant shall be entitled to hold over, without any payment of this Section are in addition to Base Rent and do not affect Landlord's right Additional Rent, solely for the purpose of re-entry or performing any other rights repair/restoration obligations of Landlord Subtenant under this Lease or at lawSublease, so long as (x) Subtenant’s work of repair/restoration does not interfere with Sublandlord’s restoration work, if any, which is concurrently being performed in the Building and (y) in no event will Subtenant have any right to remain in the Subleased Premises for any reason whatsoever following the date which precedes the date of expiration of the term of the Master Lease.

Holding Over. This Lease 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 without the prior written consent of Landlordreason, such possession then Tenant shall constitute a tenancy at sufferance only; such holding over with the prior written consent of pay to Landlord shall constitute a month-to-month tenancy commencing on the first (1st) for each day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be retention one hundred fifty percent (150%) of the Basic Rent for amount of daily rental as of the last month immediately preceding prior to the date of expiration or earlier termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify 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. Acceptance of Rent by Landlord of rent after the following expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of , and nothing contained in this Section are in addition to and do not affect 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 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 without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold 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 or delay. The parties recognize and agree that the damage to surrenderLandlord resulting from any failure by Xxxxxx to surrender possession of the Land and Improvements timely as aforesaid may be extremely substantial, may exceed the amount of any Rent theretofore payable hereunder, and will be impossible to measure accurately. Acceptance by Unless Landlord and Tenant agree otherwise in writing, if possession of rent 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 annual Rent payable under Section 3.01 of this Lease 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 Xxxxxx holds over in possession after the expiration or termination of the Term, such holding over shall not constitute a consent be deemed to a holdover extend the Term or result in a renewal renew this Lease, but the tenancy shall be from month to month upon the terms and conditions of this Lease at the Rent as herein increased. This provision shall survive the expiration or earlier termination of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any 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 Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one two hundred twenty-five percent (125200%) of the greater of (a) the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, as the case may beunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's ’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 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 without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either Sublease, in an amount equal to 200% of the monthly Base Sublease Rent due under this Sublease, plus all other amounts that would otherwise have been payable as Additional Rent had the Sublease Term continued through the period of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beholding 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. Acceptance by Landlord of rent after This indemnification obligation shall survive the expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal of this LeaseSublease. The foregoing provisions of this Section 4.12 are in addition to and do not affect Landlord's right of re-entry limit Sublessor’s 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 the expiration of the Term, and any holding Should Tenant hold over by Tenant after the expiration shall not constitute a renewal or extension sooner termination 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 Lease without the express prior written consent of Landlord, such possession by Tenant shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute be deemed to be a month-to-month tenancy commencing on subject to each and all terms and conditions of this Lease as applicable to a month-to-month tenancy, and such tenancy shall be terminable upon not less than thirty (30) 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 first greater 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 (1st) day following 50%). In addition, Tenant shall pay any additional rent as set forth in Paragraph 4 and any other charges payable under the Lease during the period in which Tenant holds over. The foregoing provisions of this Paragraph are in addition to and do not affect Xxxxxxxx’s right to re-enter the Premises or any other rights of Landlord under the Lease or as otherwise provided by law. Nothing contained in this Paragraph 22 shall be construed as consent by Landlord to any holding over by Xxxxxx 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. In either The terms and conditions of such events, possession shall Xxxxxx’s holding over may be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent changed by Landlord upon not less than thirty (125%30) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may bedays’ notice. If Tenant Xxxxxx 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. Acceptance by Landlord , any loss of rent after the termination shall from prospective tenants, and any attorneys’ fees and legal costs incurred by Landlord, whether or 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 lawlegal action is filed.

Holding Over. This Lease shall terminate expire absolutely and without further notice upon on the Expiration Date or at the end of any Renewal Term as provided in Paragraph 3d., provided that if Tenant retains possession of the Premises or any part thereof after the termination of this Lease by expiration of the TermTerm or any Renewal Term or otherwise, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing shall be deemed to exist on the first same terms and conditions, including Base Rent, as were in effect for the Term or Renewal Term just ended. If such holding over continues for more than one (1st1) day following the full calendar month after Landlord delivers written notice to Tenant of termination of such month-to-month tenancy, Tenant shall pay Landlord, as partial compensation for such unlawful retention, for each such additional month Tenant remains in the Premises, double the amount of Base Rent otherwise due during the last full month of the most recent term and shall continue to pay Additional Rent as otherwise specified in this Lease. Such payments for unlawful retention shall not limit any rights or remedies of Landlord resulting by reason of the wrongful holding over by Tenant or create any right in Tenant to continue in possession of the Premises. In the event the Term commences on a day other than the first day of a calendar month, Tenant shall pay to landlord, on or before the Commencement Date of the Term, a pro rata portion of the monthly installment of Base Rent, such pro rata portion to be based on the number of days remaining in such partial month after the Commencement Date of the Term. Tenant hereby covenants and agrees to pay the annual Base Rent, Additional Rent and other sums payable to Landlord hereunder when due, without deduction or set-off or prior demand therefor, except as otherwise expressly provided for in this Lease. In either of such events, possession shall be subject order to all of the terms of this Lease, except that the monthly Basic Rent compensate Landlord for the initial month additional expense Landlord may incur in the event Tenant is delinquent in the payment of holdover shall be one hundred twenty-rent or other sums due hereunder, Tenant agrees to pay Landlord a late charge equal to five percent (1255%) percent of the Basic any installment of Base Rent, Additional Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second or any other payment due hereunder not paid within ten (2nd10) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; days after such installment or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may bepayment is due. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by LandlordIn addition, Tenant shall indemnify and hold pay Landlord harmless from all loss or liability, including without limitation, a service charge equal to five (5%) percent of the amount of any claims made check given by any succeeding tenant relating Tenant to such failure Landlord which Tenant's bank refuses 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 lawhonor upon initial presentation.