Common use of Holding Clause in Contracts

Holding. OVER Any holding over by Tenant after expiration or other termination of the Term of this Lease with the written consent of Landlord delivered to Tenant shall not constitute a renewal or extension of the Lease or give Tenant any rights in or to the leased Premises except as expressly provided in this Lease Any holding over after the expiration or other termination of the Term of this Lease, with the consent of Landlord, shall be construed to be a tenancy from month to month, on the same terms and conditions herein specified insofar as applicable. The Basic Rent payable during any such period of holding over shall be equal to the Basic Rent payable during the period immediately preceding Tenant's holding over increased by one hundred twenty-five percent (125%) of the Monthly Basic Rent. Tenant shall pay all Additional Rent payments as specified within this Lease. Notwithstanding the foregoing, Landlord expressly reserves the right to require Tenant to surrender possession of the Premises upon the expiration of the Term hereof or upon the earlier termination hereof and the right to assert any remedy at law or in equity to evict Tenant and/or collect damages in connection with any such holding over. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, attorneys' fees incurred or suffered by Landlord by reason of Tenant's failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease.

Holding. OVER Any holding over by 22.1 Tenant after expiration or other termination acknowledges that it is extremely important that Landlord have substantial advance notice of the Term of this Lease with date on which Tenant will vacate the written consent of Landlord delivered to Premises, and that if Tenant shall not constitute a renewal or extension of the Lease or give Tenant any rights in or to the leased Premises except as expressly provided in this Lease Any holding over after the expiration or other termination of the Term of this Lease, with the consent of Landlord, shall be construed to be a tenancy from month to month, on the same terms and conditions herein specified insofar as applicable. The Basic Rent payable during any such period of holding over shall be equal to the Basic Rent payable during the period immediately preceding Tenant's holding over increased by one hundred twenty-five percent (125%) of the Monthly Basic Rent. Tenant shall pay all Additional Rent payments as specified within this Lease. Notwithstanding the foregoing, Landlord expressly reserves the right to require Tenant to surrender possession of the Premises upon the expiration of the Term hereof or upon the earlier termination hereof and the right to assert any remedy at law or in equity to evict Tenant and/or collect damages in connection with any such holding over. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, attorneys' fees incurred or suffered by Landlord by reason of Tenant's failure fails to surrender the Premises on or any portion thereof at the expiration or earlier termination ofthe Lease Term, then it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Base Rent and additional rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender the Premises or any portion thereof upon the expiration or earlier termination of the Lease Term, then the Base Rent payable by Tenant hereunder shall be increased to equal the following percentages of the Base Rent that would have been payable pursuant to the provisions of this Lease if the Lease Term had continued during such holdover period: one hundred �fty percent (150%) for each of the �rst (I st) and second (2nd) months of such holdover; and two hundred percent (200%) for each month thereafter. Such Base Rent shall be computed by Landlord and, and along with all additional rent payable by Tenant under this Lease, shall be paid by Tenant on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises have been vacated, Notwithstanding any other provision of this Lease, Landlord‘s acceptance of such rent shall not in accordance any manner adversely affect Landlord’s other rights and remedies, including Landlord's right to evict Tenant and to recover all damages. Any such holdover shall be deemed to be a tenancy at sufferance and not a tenancy at will or tenancy from mouth to month. In no event shall any holdover be deemed a permitted extension or renewal of the Lease Term, and nothing contained herein shall be construed to constitute Landlord‘s consent to any holdover or to give Tenant any right with respect thereto. WEST‘281262358 | 1 334477004050 35 DocuSign Envelope ID: ED3AFDCC-E7D2-4E18-B35F-152DB9DED1D1 ARTICLE XXIII COVENANTS OF LANDLORD 23.l Landlord covenants that it has the right to enter into this Lease, and that if Tenant shall perform timely all of its obligations hereunder, then, subject to the provisions of this Lease, Tenant shall during the Lease Term peaceably and quietly occupy and enjoy the full possession ofthe Premises (i.e., quiet enjoyment) without hindrance by Landlord, its employees or agents 232 Subject to other applicable terms and provisions expressly provided in this Lease, Landlord reserves the following rights: (a) to change the street address and name of the Building provided that Tenant’s access to the Premises is not permanently, materially and adversely affected; (b) to change the arrangement and location of entrances, passageways, doors, doorways, corridors, elevators, stairs, toilets or other public parts of, and make additions to, the Building provided that Tenant’s access to the Premises is not permanently, materially and adversely affected; (0) to erect, use and maintain pipes, wires, structural supports, ducts and conduits in and through the plenum areas of the Premises; (d) to grant to anyone the exclusive right to conduct any particular business in the Building not inconsistent with Tenant’s permitted use of the Premises; (e) to exclusively use and/or lease the roof areas, the sidewalks and other exterior areas; (f) to resubdivide the Land or to combine the Land with other lands; (g) to relocate any parking areas designated for Tenant’s use, provided the same are on the Land; (h) intentionally omitted; (i) to construct improvements (includingkiosks) on the Land and in the public and Common Areas of the Building; (j) to prohibit smoking in the entire Building or portions thereof (including the Premises), so long as such prohibitions are in accordance with applicable law; and (k) if any excavation or other substructure work shall be made or authorized to be made upon land adjacent to the Building or the Land, to enter the Premises for the purpose of doing such work as is required to preserve the walls of the Building and to preserve the land from injury or damage and to support such walls and land by proper foundations. Subject to the other applicable terms and provisions expressly provided in this Lease, Landlord may exercise any or all of the foregoing rights without being deemed to be guilty of an eviction, actual or constructive, or a disturbance of Tenant’s business or use or occupancy of the Premises and Tenant shall have no claim against Landlord in connection therewith. With respect to (b), (c), (e), (g), (i) and (k) above, Landlord shall Xxxx commercially reasonable efforts to minimize interference with Tenant’s normal business operations in the Premises (subject, however, in all cases to governmental requirements, emergencies and/or temporary maintenance and repair activities). ARTICLE XXIV PARKING 24.] During the Lease Term, at no additional charge to Tenant. Tenant and its employees, visitors and other invitees shall be entitled to use unreserved parking spaces for standard sized passenger automobiles in the Parking Facilities in an amount equal to the Parking Space Allotment, subject to Landlord’s rights pursuant to the remainder ofthis Section and such reasonable rules and regulations as Landlord may establish from time to time. Such parking shall be in non—exclusive, unassigned spaces on a self—park, attendant—park, valet or other basis, wusmxizozsss 11 3844777004056 36

Holding. OVER Any holding over by Tenant after expiration or The Xxxxxxx Money shall be consideration for Seller reserving the Unit for Purchaser and Seller agreeing not to sell the Unit to anyone other termination than Purchaser prior to the date set for Closing in Section 4 hereof. The Xxxxxxx Money and any Upgrade Deposit shall be applied as part payment of the Term Total Purchase Price at the time of this Lease with the written consent of Landlord delivered to Tenant shall not constitute a renewal Closing, or extension of the Lease or give Tenant any rights in or to the leased Premises except otherwise disbursed as expressly provided in this Lease Any holding over after Agreement. In the expiration or other termination event the escrow agreement between Seller and Holder is otherwise terminated, Seller shall appoint a replacement to act as Holder to hold and disburse the Xxxxxxx Money and any Upgrade Deposit as contemplated in this Agreement. Holder is an express third party beneficiary of the Term terms of this LeaseSection 3 and any other provision in this Agreement related to Holder or the funds held by Holder. No party shall seek damages from Holder (nor shall Holder be liable for same) for any matter relating to the performance of Xxxxxx’s duties under this Agreement. The duties of Holder are limited to the receipt and disbursement of the Xxxxxxx Money and any Upgrade Deposit. It is agreed that the duties of the Holder are purely ministerial in nature and shall incur no liability whatsoever except for willful misconduct or gross negligence. In the event of doubt as to its liabilities or duties, Holder may, in its sole discretion and any other provision of this Agreement to the contrary notwithstanding, (A) continue to hold the Xxxxxxx Money and any Upgrade Deposit until the parties mutually agree to the disbursement thereof, or until a judgment of a court of competent jurisdiction or arbitrator shall determine the rights of the parties thereto, or (B) deliver the Xxxxxxx Money and any Upgrade Deposit to the Clerk of the Superior Court for Fulton County, and, upon notifying all parties concerned of such action, any liability on the part of Holder shall fully terminate except to the extent of accounting for any monies or documents previously delivered out of escrow. Holder shall not be liable for any loss resulting from any default, error, action or omission of Seller or Purchaser, loss or impairment of funds in the course of collection or while on deposit resulting from failure or suspension of the depository institution, or Holder’s compliance with the consent any legal process, order or judgment of Landlordany court, whether or not subsequently vacated or modified. Holder shall be construed entitled to rely on any instrument or signature believed by it to be a tenancy from month genuine and may assume that any person purporting to monthgive any writing, on the same terms and conditions herein specified insofar as applicable. The Basic Rent payable during any such period of holding over shall be equal to the Basic Rent payable during the period immediately preceding Tenant's holding over increased by one hundred twenty-five percent (125%) of the Monthly Basic Rent. Tenant shall pay all Additional Rent payments as specified within this Lease. Notwithstanding the foregoingnotice, Landlord expressly reserves the right to require Tenant to surrender possession of the Premises upon the expiration of the Term hereof or upon the earlier termination hereof and the right to assert any remedy at law or in equity to evict Tenant and/or collect damages instructions in connection with any this Agreement is duly authorized to do so by the party on whose such holding over. Tenant shall indemnifywriting, defend and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, includingor instructions is given, without limitation, attorneys' fees incurred duty of any further or suffered by Landlord by reason of Tenant's failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Leaseindependent inquiry.

Holding. OVER Any holding over by If Tenant after expiration or other termination shall retain possession of the Term of this Lease with the Premises or any portion thereof without Landlord's written consent of Landlord delivered to Tenant shall not constitute a renewal or extension following the expiration of the Lease or give Tenant sooner termination for any rights in or to the leased Premises except as expressly provided in this Lease Any holding over after the expiration or other termination of the Term of this Leasereason, with the consent of Landlord, shall be construed to be a tenancy from month to month, on the same terms and conditions herein specified insofar as applicable. The Basic Rent payable during any then (1) such period of holding over shall be equal a tenancy at sufferance and not for any periodic or fixed term; and (2) Tenant shall pay to Landlord for each day of such retention twice the amount of the daily rental for the first month prior to the Basic Rent payable during the period immediately preceding Tenant's holding over increased by one hundred twenty-five percent (125%) date of the Monthly Basic Rentexpiration or termination. Tenant shall pay all Additional Rent payments as specified within this Lease. Notwithstanding the foregoing, Landlord expressly reserves the right to require Tenant to surrender possession of the Premises upon the expiration of the Term hereof or upon the earlier termination hereof and the right to assert any remedy at law or in equity to evict Tenant and/or collect damages in connection with any such holding over. Tenant shall also indemnify, defend and hold Landlord and Landlord's Affiliates harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expensesLiabilities resulting from delay by Tenant in surrendering the Premises, including, without limitation, attorneys' fees incurred or suffered any claims made by any succeeding tenant founded on such delay. Alternatively, if Landlord gives written notice of Xxxxxxxx's consent to Xxxxxx's holding over, such holding over shall constitute renewal of the Lease on a month to month basis (except as otherwise agreed to by Landlord by reason and Tenant in writing) on the terms and conditions contained in this Lease except as provided above and excluding any options or rights of Tenant's failure Tenant to surrender renew or extend this Lease or expand the Premises on that may be given to Tenant under the terms of this Lease. Acceptance of Rent by Landlord following expiration or earlier termination of this Lease in accordance with the provisions shall not constitute a renewal of this Lease, and nothing contained in this Paragraph shall waive Landlord's right of reentry or any other right. Unless Landlord exercises the option hereby given to it in writing, Tenant shall be only a tenant at sufferance, whether or not Landlord accepts any Rent from Tenant while Tenant is holding over without Xxxxxxxx's written consent. Additionally, in the event that upon termination of the Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other 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 shall apply.