Common use of Holdover Rent Clause in Contracts

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Term, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: (a) pay to Landlord (i) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Term, a sum equal to (x) one and one-half times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such period, and (ii) for each month (or portion thereof) thereafter, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new lease is fully executed prior to the date upon which Tenant vacates the Premises and Landlord notifies Tenant that Landlord will incur such payment or rent concession. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article.

Holdover Rent. Landlord and Tenant recognize that the ------------- damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on or before within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord (i) for the first 90 days each month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Term, in addition to all Additional Rent, (i) for the first month, a sum equal to one hundred twenty-five percent (x125%) one and one-half times of the Fixed Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y"Final Fixed Rent"), for the next two (2) the Percentage months of any such holdover, one hundred fifty percent (150%) of such Final Fixed Rent payable under this Lease for such periodand, and (ii) for each month (or portion thereof) thereafter, a sum equal to two hundred percent (x200%) two times the Rent (other than Percentage of such Final Fixed Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “"New Tenant”") in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding-over by Tenant, and (c) indemnify Landlord against all claims for damages by any New Tenant. All such new lease is fully executed prior to holdover rent shall be determined based upon the date upon number of calendar days during any month such holdover occurs and the actual number of calendar days in any such month in which Tenant vacates the Premises and Landlord notifies Tenant that Landlord will incur such payment or rent concessionTenant's holding-over continues. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleArticle 22. All of Tenant's obligations under this Article shall survive the expiration or earlier termination of the Term of this Lease.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord resulting from any failure by any Tenant Party to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on or before within twenty-four (24) hours after the Expiration Date Date, excluding Unavoidable Delays, or sooner termination of the Term, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: (a) shall pay to Landlord for each month (inotwithstanding that any holdover may be for a period of less than a calendar month) for the first 90 days during which any Tenant Party holds over in the Premises after the Expiration Date or sooner termination of the Term, a sum equal to (xi) one and one-half (11/2) times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus determined on a gross basis for the first one hundred twenty (y120) the Percentage Rent payable under this Lease for such period, days of holdover and (ii) for each month two (or portion thereof2) thereafter, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus determined on a gross basis from the one hundred twenty-first (y121st) day of holdover until Tenant vacates the Percentage Rent payable under this Lease, which amounts Premises and delivers possession to Landlord; and Tenant shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for any payment or rent concession (including, without limitation, any consequential damages, but excluding any non-customary excessive penalties provided for in the New Tenant’s (as hereinafter defined) lease) which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by any Tenant Party, and the loss of the benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding-over by any Tenant Party, and indemnify Landlord against all claims for damages by any New Tenant, provided that such new lease is fully executed prior to the date upon which Tenant vacates the Premises and Landlord notifies Tenant that Landlord will incur such payment or rent concession. No holding-over by Tenantany Tenant Party, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof, nor constitute any tenancy other than a “month to month” tenancy at will. Nothing herein contained shall be deemed to permit any Tenant Party to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from any Tenant Party after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleArticle 20, nor shall it operate as a waiver of Landlord’s right of re-entry or any other right or remedy of Landlord under this Lease. All of Tenant’s obligations under this Article 20 shall survive the expiration or earlier termination of the Term of this Lease.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on or before within 24 hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Term, a sum equal to (x) one and one-half times 150 percent of the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) for the Percentage first 30 days of such holdover and 200 percent of such Rent payable under this Lease for such period, and (ii) for each month (or portion thereof) any period thereafter, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) if such holdover exceeds 30 days be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “"New Tenant”") in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding-over by Tenant, and (c) if such new lease is fully executed prior to the date upon which Tenant vacates the Premises and holdover exceeds 30 days, indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleArticle 22. All of Tenant's obligations under this Article 22 shall survive the expiration or earlier termination of the Term of this Lease.

Holdover Rent. Any holding over by the Tenant after the expiration or earlier termination of the Term shall be treated as a tenancy at sufferance, at the Rent set forth below, and otherwise on the terms and conditions of this Lease. Landlord and Tenant recognize that the damage to Landlord Landlord’s damages resulting from any Tenant’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before by the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: (a) shall pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to one hundred fifty percent (x150%) one and one-half times of the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such period, and (ii) prorated daily for each month day of holdover. In addition, if Tenant holds over in the Premises for more than thirty (30) days after the Expiration Date or portion thereof) thereafter, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month sooner termination of the Term plus (y) the Percentage Rent payable under this Lease, which amounts then Tenant shall be payable in lieu of any “use and occupancy” payment permitted or required indemnify Landlord against (i) all claims for damages by law; and (b) be liable to Landlord for any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”), and (ii) in order to induce all consequential, indirect, and special damages incurred by Landlord arising out of or resulting of any such holding-over by Tenant, including, without limitation, the loss of the benefit of the bargain if any New Tenant not to shall terminate its lease by reason of the holding-holding over by Tenant, provided that such new lease is fully executed prior to the date upon which Tenant vacates the Premises and Landlord notifies Tenant that Landlord will incur such payment or rent concession. No holding-over by Tenant, Tenant nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.2.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord resulting from any failure by any Tenant Party to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on or before within twenty-four (24) hours after the Expiration Date Date, excluding Unavoidable Delays, or sooner termination of the Term, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: (a) shall pay to Landlord for each month (inotwithstanding that any holdover may be for a period of less than a calendar month) for the first 90 days during which any Tenant Party holds over in the Premises after the Expiration Date or sooner termination of the Term, a sum equal to (xi) one and one-half (1 1/2) times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus determined on a gross basis for the first one hundred twenty (y120) the Percentage Rent payable under this Lease for such period, days of holdover and (ii) for each month two (or portion thereof2) thereafter, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus determined on a gross basis from the one hundred twenty-first (y121st) day of holdover until Tenant vacates the Percentage Rent payable under this Lease, which amounts Premises and delivers possession to Landlord; and Tenant shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for any payment or rent concession (including, without limitation, any consequential damages, but excluding any non-customary excessive penalties provided for in the New Tenant’s (as hereinafter defined) lease) which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by any Tenant Party, and the loss of the benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding-over by any Tenant Party, and indemnify Landlord against all claims for damages by any New Tenant, provided that such new lease is fully executed prior to the date upon which Tenant vacates the Premises and Landlord notifies Tenant that Landlord will incur such payment or rent concession. No holding-over by Tenantany Tenant Party, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof, nor constitute any tenancy other than a “month to month” tenancy at will. Nothing herein contained shall be deemed to permit any Tenant Party to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from any Tenant Party after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleArticle 20, nor shall it operate as a waiver of Landlord’s right of re-entry or any other right or remedy of Landlord under this Lease. All of Tenant’s obligations under this Article 20 shall survive the expiration or earlier termination of the Term of this Lease.

Holdover Rent. Any holding over by the Tenant after the expiration or earlier termination of the Term shall be treated as a tenancy at sufferance, at the Rent set forth below, and otherwise on the terms and conditions of this Lease. Landlord and Tenant recognize that the damage to Landlord Landlord’s damages resulting from any Tenant’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before by the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: (a) shall pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum holdover charge calculated as follows: (i) for each day during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, through and including the day which is thirty (30) days thereafter, a per diem holdover charge calculated at a rate equal to (x) one and one-half times 125% of the daily Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such period, and Term; (ii) if Tenant holds over in the Premises for each month more than thirty (30) days after the Expiration Date or portion thereofsooner termination of this Lease, through and including the day which is sixty (60) days thereafter, a sum per diem holdover charge calculated at a rate equal to (x) two times 150% of the daily Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus Term; and (yiii) if Tenant holds over in the Percentage Premises for more than sixty (60) days after the Expiration Date or sooner termination of this Lease, a per diem holdover charge calculated at a rate equal to 200% of the daily Rent payable under this LeaseLease for the last full calendar month of the Term. In addition, which amounts Tenant shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (bx) be liable to Landlord for (1) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that and (2) the loss of the benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding-over by Tenant, and (y) indemnify Landlord against (i) all claims for damages by any New Tenant, and (ii) all consequential, indirect, and special damages incurred by Landlord arising out of or resulting of any such new lease is fully executed prior to the date upon which Tenant vacates the Premises and Landlord notifies Tenant that Landlord will incur such payment or rent concessionholding-over by Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.2.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord’s damages resulting from any Tenant’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of this Lease, Tenant shall be deemed to hold the TermPremises as a tenant at sufferance, subject to all the terms, covenants and conditions of this Lease except that, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to (xi) with respect to the first 2 calendar months of such holdover, one and one-one half times the Rent (other than Percentage Rent) Real payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such periodTerm, and (ii) for each month (or portion thereof) thereafterwith respect to any period after the initial 2 calendar months of holdover, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this LeaseTerm, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for (1) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (2) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which Tenant vacates the Premises holding-over by Tenant, and (c) indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.2.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measuremeasure accurately. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Term, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Term, a sum equal to the greater of (xA) one and onethree-half quarters (1 3/4) times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus and (yB) the Percentage Rent payable under this Lease fair market rental value of the Premises for such period, and (ii) for each month (or portion thereof) thereafteras reasonably determined by Landlord), a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “"New Tenant”") in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which Tenant vacates the Premises holding-over by Tenant, and (c) indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this LeaseLease (including, without limitation, pursuant to any month-to-month or other periodic tenancy) and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleArticle 22. All of Tenant's obligations under this Article shall survive the expiration or earlier termination of the Term of this Lease.

Holdover Rent. Landlord and Tenant Xxxxxx recognize that the damage to Landlord Xxxxxxxx’s damages resulting from any Xxxxxx’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant Xxxxxx holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to (xi) for the first month of such holdover, one and onehundred twenty-half times five percent (125%) of the monthly Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such period, and (ii) for each holdover month (or portion thereof) thereafter, a sum equal to one hundred fifty percent (x150%) two times of the monthly Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this LeaseTerm, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) if Tenant holds over for more than thirty (30) days, be liable to Landlord for (1) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Xxxxxx, and (2) the loss of the benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding-over by Tenant, provided and (c) if Tenant holds over for more than thirty (30) days, indemnify Landlord against all claims for damages by any New Tenant. In connection with the foregoing, Landlord shall notify Tenant that such new it has executed a lease is fully executed prior to the date upon which with a New Tenant vacates for the Premises or a portion thereof and Landlord notifies Tenant that Landlord will incur the delivery date of the Premises (or the applicable portion thereof) under such payment or rent concessionlease. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereofhereof or to establish a month to month or any other tenancy. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this, Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord’s damages resulting from any Tenant’s failure by Tenant to timely surrender possession of the entire Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the entire Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: (a) shall pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date Date, or sooner termination of the Termthis Lease, a sum equal to (xA) one the greater of (i) 110% of fair market value for the Premises and one-half (ii) 150% times the Rent payable under this Lease for the last full calendar month of the Term, as the same may be extended, for the first sixty (other than Percentage Rent60) days (or portion thereof) that Tenant holds over at the Premises, and (B) the greater of (i) 150% of fair market value for the Premises and (ii) 200% of the Rent payable under this Lease for the last full calendar month of the Term thereafter; plus (y) the Percentage Rent payable under this Lease for such period, and (ii) for each month (or portion thereof) thereafter, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month if possession of the Term plus Premises is not surrendered to Landlord within thirty (y30) days of the Percentage Rent payable under Expiration Date or sooner termination of this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for any payment or rent concession all damages including, without limitation, consequential and/or special damages which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease suffer by reason of the Tenant’s holdover. No holding-over by Tenant, provided that such new lease is fully executed prior nor the payment to Landlord of the date upon which Tenant vacates amounts specified above, shall operate to extend the Premises and Landlord notifies Tenant that Landlord will incur such payment or rent concessionTerm hereof. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.2.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord's damages resulting from any Tenant's failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to (xi) one and one-half during the first thirty (30) days of such holdover, 1.5 times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such periodTerm, and (ii) for each month (or portion thereof) thereafter, a sum equal to (x) two 2 times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this LeaseTerm, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for (1) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “"New Tenant”") in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (2) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which Tenant vacates the Premises holding-over by Tenant, and (c) indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.2.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord’s damages resulting from any Tenant’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Term, in addition to any other rights or remedies Landlord may have hereunder or at lawthis Lease, Tenant shall: (a) shall pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum for Fixed Rent equal to (x) one and one-half 1.5 times the Fixed Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus Term. If Tenant fails to surrender the Premises within (y30) days following the later to occur of (i) the Percentage Rent payable under expiration or earlier termination of this Lease for such periodLease, and (ii) for each month (or portion thereof) thereafter, a sum equal Landlord’s delivery of notice to (x) two times Tenant stating that Tenant’s failure to surrender the Rent (other than Percentage Rent) payable under Premises pursuant to the terms of this Lease for may cause Landlord to incur damages and/or the last full calendar month loss and the benefit of the Term plus bargain in connection with a New Tenant (yas that terms is defined below) the Percentage Rent payable under this Leasein addition to any other liabilities to Landlord accruing therefrom, which amounts Tenant shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (ba) be liable to Landlord for (1) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (2) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which Tenant vacates the Premises holding-over by Tenant, and (b) indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.2.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord’s damages resulting from any Tenant’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to (xi) one and during the first thirty (30) days of such holdover, one-and-a-half (1-1/2) times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such periodTerm, and (ii) for each month (or portion thereof) thereafter, a sum equal to two (x2) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this LeaseTerm, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for (1) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (2) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which Tenant vacates the Premises holding-over by Tenant, and (c) indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.2.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord's damages resulting from any Tenant's failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, in addition to all Additional Rent, (i) for the Termfirst month, a sum equal to (x) one and one-half times 150% of the Fixed Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for "Final Fixed Rent" and thereafter 200% of such periodFinal Fixed Rent, and (ii) for each month (or portion thereof) thereafter, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “"New Tenant”") in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding-over by Tenant, and (c) if any such new lease is fully executed prior to the date upon which Tenant vacates the Premises and nonconsensual holding-over continues for more than 30 days, indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for actual damages (but in no event any consequential damages) by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.2.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Term, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Term, a sum equal to the greater of (xi) one and one-half times the Fixed Rent (other than Percentage Rent) plus one and one-half times Tenant's Tax Payment plus one and one-half times Tenant's Operating Payment payable under this Lease for each day of the last full calendar month of the Term in the case of the first 30 days of any holdover and two times the Fixed Rent plus (y) the Percentage Rent two times Tenant's Tax Payment plus two times Tenant's Operating Payment payable under this Lease for such period, and (ii) for each month (or portion thereof) thereafter, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for day of the last full calendar month of the Term plus in the case of each day thereafter or (yii) one and one-half times the Percentage Rent payable under this Leasefair market rental value of the Premises for such day (as reasonably determined by Landlord), which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) after notice from Landlord that Landlord has entered into an occupancy agreement with a tenant for the Premises (or a portion thereof) be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “"New Tenant”") in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which Tenant vacates the Premises holding-over by Tenant, and (c) indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleArticle 22. All of Tenant's obligations under this Article shall survive the expiration or earlier termination of the Term of this Lease.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord’s damages resulting from any Tenant’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, Tenant's Operating Payment and Tenant's Tax Payment, plus a sum equal to (xi) one and one-half during the first month of such holdover, 1.5 times the Base Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such periodTerm, and (ii) for each month (or portion thereof) thereafter, a sum equal to (x) two 2 times the Base Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this LeaseTerm, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for (1) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (2) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which Tenant vacates the Premises holding-over by Tenant, and (c) indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.2.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord resulting from any failure by Tenant to timely surrender possession The last two (2) sentences of Article Thirteen of the Premises Original Lease are hereby deleted and the following language is hereby substituted therefor: “In addition to and without limiting any other rights and remedies which Landlord may be substantialhave on account of such holding over by Tenant, may exceed the amount of the Rent theretofore payable hereunder, Tenant shall indemnify Landlord from and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to against any and all damages suffered by Landlord on or before account of such holding over by Tenant, including any damages and claims by tenants entitled to future possession, subject to the Expiration Date or sooner termination further conditions set forth in this Article Thirteen. Upon Tenant's written request, made at any time within the last six (6) months of the Term, in addition Landlord shall notify Tenant, within five (5) business days after Landlord's receipt of such written request, of any then current or proposed leasing agreements relative to the Premises (or any portion thereof) for a term commencing following the termination of this lease, which may give rise to indemnification obligations of Tenant pursuant to this Article Thirteen (the “Affected Agreements”). If, following such Tenant request, Landlord so notifies Tenant of any such Affected Agreements, then Tenant shall not be obligated to indemnify Landlord for Landlord's consequential damages unless such holdover continues for more than forty-five (45) days. If, following such Tenant request, Landlord does not so notify Tenant of any such Affected Agreements, then Tenant shall not be obligated to indemnify Landlord for Landlord's consequential damages unless such holdover continues for more than ninety (90) days (i.e., irrespective of whether Landlord has then entered into, or thereafter enters into, any such Affected Agreements). No occupancy by Tenant after the expiration or other termination of this lease shall be construed to extend the Term, and Tenant's continued occupancy of the Premises shall be as a tenancy at sufferance. The provisions of this Article Thirteen shall not be deemed to limit or constitute a waiver of any rights or remedies of Landlord may have hereunder as provided herein or at law, Tenant shall: (a) pay to Landlord (i) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date law or sooner termination of the Term, a sum equal to (x) one and one-half times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such period, and (ii) for each month (or portion thereof) thereafter, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenantequity.”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new lease is fully executed prior to the date upon which Tenant vacates the Premises and Landlord notifies Tenant that Landlord will incur such payment or rent concession. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord’s damages resulting from any Tenant’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Term, a sum equal to the greater of (xi) one and one-half times the Fixed Rent (other than Percentage Rent) plus one and one-half times Tenant’s Tax Payment plus one and one-half times Tenant’s Operating Payment payable under this Lease for the last full calendar month of the Term plus (y) in the Percentage Rent payable under this Lease for such period, and (ii) for each case of the first month (or any portion thereof) thereafter, a sum equal to (x) of any holdover and two times the Fixed Rent (other than Percentage Rent) plus two times Tenant’s Tax Payment plus two times Tenant’s Operating Payment payable under this Lease for the last full calendar month of the Term plus (y) in the Percentage Rent payable under this Lease, which amounts shall be payable in lieu case of any “use month (or any portion thereof ) thereafter, and occupancy” payment permitted (ii) one and one-half times the rent per month Landlord is then asking for comparable space in the Building in the case of the first month (or required any portion thereof) of any holdover and two times the rent per month Landlord is then asking for comparable space in the Building thereafter or, if no comparable space is then available in the Building, the fair market rental value of the Premises for such month (as reasonably determined by law; and Landlord),, (b) be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which Tenant vacates the Premises holding-over by Tenant, and (c) indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.2.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord’s damages resulting from any Tenant’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to (x) one and one-half 1.5 times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus for the first sixty (y60) the Percentage Rent payable under this Lease for days of such periodholding over, and two (ii2) for each month (or portion thereof) thereafter, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus commencing on the sixty-first (y61st) the Percentage Rent payable under this Leaseday of such holding over, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) if Tenant holds over in possession for more than sixty (60) days, be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior by reason of the holding-over by Tenant, and (c) if Tenant holds over in possession for more than sixty (60) days, indemnify Landlord against all claims for damages by any New Tenant. If Tenant so requests in a written notice to Landlord, Landlord shall promptly notify Tenant in writing as to whether Landlord has then entered into a lease agreement for all or any portion of the date upon which Tenant vacates the Premises and Landlord notifies Tenant that Landlord will incur such payment or rent concessionPremises. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.2.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord’s damages resulting from any Tenant’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, for the Termfirst two (2) months of any such holdover, a sum equal to (x) one and one-half times 150% of the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such periodTerm, and (ii) for each month (or portion thereof) and, thereafter, a sum equal to (x) two times the Rent (other than Percentage at 200% of such Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior by reason of the holding-over by Tenant, and (c) indemnify Landlord against all claims for damages by any New Tenant. Upon Tenant’s written request to Landlord. Landlord shall promptly advise Tenant in writing if as of the date upon which of Landlord’s written response, there is a New Tenant vacates for the Premises and Landlord notifies Tenant that Landlord will incur such payment or rent concessionPremises. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.2.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Term, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (i) for the first 90 days or any portion thereof), on a per diem basis, during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Term, a sum equal to the greater of (xi) one and one-half 1.10 times the Fixed Rent (other than Percentage Rent) plus 1.10 times Tenant’s Tax Payment plus 1.10 times Tenant’s Operating Payment payable under this Lease for the last full calendar month of the Term plus (y) in the Percentage Rent payable under this Lease for such period, and (ii) for each case of the first month (or any portion thereof) thereafterof any holdover, a sum equal to (x) two 1.20 times the Fixed Rent (other than Percentage Rent) plus 1.20 times Tenant’s Tax Payment plus 1.20 times Tenant’s Operating Payment payable under this Lease for the last full calendar month of the Term in the case of the second month (or any portion thereof) of any holdover, 1.30 times the Fixed Rent plus (y) the Percentage Rent 1.30 times Tenant’s Tax Payment plus 1.30 times Tenant’s Operating Payment payable under this Lease, which amounts shall be payable Lease for the last full calendar month of the Term in lieu the case of the third month (or any portion thereof) of any “use holdover, 1.40 times the Fixed Rent plus 1.40 times Tenant’s Tax Payment plus 1.40 times Tenant’s Operating Payment payable under this Lease for the last full calendar month of the Term in the case of the fourth month (or any portion thereof) of any holdover, and occupancy” payment permitted 1.50 times the Fixed Rent plus 1.50 times Tenant’s Tax Payment plus 1.50 times Tenant’s Operating Payment payable under this Lease for the last full calendar month of the Term in the case of each month (or required any portion thereof) thereafter and (ii) 1.10 times the fair market rental value of the Premises in the case of the first month (or any portion thereof) of any holdover (as reasonably determined by law; and Landlord taking into account the same factors set forth in Section 37.3), 1.20 times the fair market rental value of the Premises in the case of the second month (or any portion thereof) of any holdover (as reasonably determined by Landlord) and 1.50 times the fair market rental value of the Premises in the case of any month (or any portion thereof) thereafter of any holdover (as reasonably determined by Landlord), (b) if Tenant holds over past 120 days after the Expiration Date or earlier termination of this Lease, be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which holding-over by Tenant, and (c) if Tenant vacates holds over past 120 days after the Premises and Expiration Date or earlier termination of this Lease, indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleArticle 22. All of Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Term of this Lease.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord’s damages resulting from any Tenant’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Term, a sum equal to the greater of (xi) one and one-half times the Fixed Rent (other than Percentage Rent) plus one and one-half times Tenant’s Tax Payment plus one and one-half times Tenant’s Operating Payment payable under this Lease for the last full calendar month of the Term plus (y) in the Percentage Rent payable under this Lease for such period, and (ii) for each case of the first month (or any portion thereof) thereafter, a sum equal to (x) of any holdover and two times the Fixed Rent (other than Percentage Rent) plus two times Tenant’s Tax Payment plus two times Tenant’s Operating Payment payable under this Lease for the last full calendar month of the Term plus (y) in the Percentage Rent payable under this Lease, which amounts shall be payable in lieu case of any “use month (or any portion thereof ) thereafter, and occupancy” payment permitted (ii) one and one-half times the rent per month Landlord is then asking for comparable space in the Building in the case of the first month (or required any portion thereof) of any holdover and two times the rent per month Landlord is then asking for comparable space in the Building thereafter or, if no comparable space is then available in the Building, the fair market rental value of the Premises for such month (as reasonably determined by law; and Landlord),, (b) be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which Tenant vacates the Premises holding-over by Tenant, and (c) indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article.Section 18.2. Section 18.3

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord's damages resulting from any Tenant's failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to (x) one and one-half times 150% of the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such periodTerm, and (ii) for each month (or portion thereof) thereafter, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) in the case of any holdover in excess of sixty (60) days, be liable to Landlord for (1) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”"NEW TENANT") in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (2) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which Tenant vacates holding-over by Tenant, and (c) in the Premises and case of any holdover in excess of thirty (30) days, indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereofhereof or to establish a month to month or any other tenancy. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.2.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord’s damages resulting from any Tenant’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to the greater of (xi) one and one-half with respect to the first 30 days of such holdover, 1.5 times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such periodTerm, and (ii) for each month (or portion thereof) thereafter, a sum equal to (x) two thereafter 2 times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus Term, and (yii) with respect to the Percentage Rent payable under this Leasefirst 30 days of such holdover, which amounts shall be payable 1.5 times, and thereafter 2 times, the rent per month Landlord is then asking for comparable space in lieu the Building or, if no comparable space is then available in the Building, the fair market value of any “use and occupancy” payment permitted or required the Premises for such month (as reasonably determined by law; and Landlord), (b) be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which Tenant vacates the Premises holding-over by Tenant, and (c) indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.2.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord’s damages resulting from any Tenant’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to (x) one and one-half times 150% of the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) for the Percentage Rent payable under this Lease for first 60 days of such period, holdover and (ii) for each month (or portion thereof) thereafter, a sum equal to (x) two times 200% of the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Leasefor any holdover in excess of 60 days, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which Tenant vacates the Premises holding-over by Tenant, and (c) indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.2. Any provision of this Section to the contrary notwithstanding, in connection with any such holdover, Tenant shall have a 60 day grace period prior to being liable for any consequential or punitive damages as a result of such holdover.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on or before within 24 hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: (a) shall pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to one and one-half times, in the case of the first month, and two times, in the case of any subsequent month, the Rent payable under this Lease for the last full calendar month of the Term. Therefore, Tenant shall pay to Landlord for (xa) the first month (or any portion thereof) during which Tenant holds over one and one-half times the Rent (other than Percentage Rent) , payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such period, and (iib) for each subsequent month (or any portion thereof) thereafterduring which Tenant holds over, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new lease is fully executed prior to the date upon which Tenant vacates the Premises and Landlord notifies Tenant that Landlord will incur such payment or rent concession. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereofTerm. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleArticle 22. Tenant's obligations under this Article shall survive the expiration or earlier termination of this Lease.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord’s damages resulting from any Tenant’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to (x) one and one-half times 150% of the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such periodTerm, and (ii) for each month (or portion thereof) thereafter, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for (1) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding- over by Tenant, and (2) the loss of the benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding-over by Tenant, provided that such new lease is fully executed prior to the date upon which Tenant vacates the Premises and (c) indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article.6219070.4

Holdover Rent. Landlord and Tenant Xxxxxx recognize that the damage to Landlord resulting from any failure by Tenant Xxxxxx to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant Xxxxxx therefore agrees that if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Term, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: (a) pay to Landlord (i) for the first 90 days during which Tenant Xxxxxx holds over in the Premises after the Expiration Date or sooner termination of the Term, a sum equal to (x) one and one-half times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such period, and (ii) for each month (or portion thereof) thereafter, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by TenantXxxxxx, provided that such new lease is fully executed prior to the date upon which Tenant vacates the Premises and Landlord notifies Tenant that Landlord will incur such payment or rent concession. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant Xxxxxx in accordance with the provisions of this Article.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord’s damages resulting from any Tenant’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to the greater of (xi) one and one-half the Holdover Multiplier times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such periodTerm, and (ii) the Holdover Multiplier times the rate Landlord is then asking for each month comparable space in the Building (or portion thereof) thereafterif no comparable space is then available, a sum equal to (x) two the Holdover Multiplier times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month fair market rental value of the Term plus (y) the Percentage Rent payable under this LeasePremises as reasonably determined by Landlord), which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for (1) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (2) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which Tenant vacates the Premises holding-over by Tenant, and (c) indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereofhereof or to establish a month to month or any other tenancy. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection. The Holdover Multiplier shall mean one hundred twenty-five percent (125%) as to any holdover not exceeding two (2) months and two hundred percent (200%) as to any holdover exceeding two (2) months.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Third Additional Premises may be substantial, may exceed the amount of the Rent fixed rent and additional rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore Tenant, therefore, agrees that if possession of the Third Additional Premises is not surrendered to Landlord on or before the Third Additional Premises Expiration Date or sooner termination of the Term, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: (ai) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Third Additional Premises after the Third Additional Premises Expiration Date or sooner termination of the Term, a sum equal to the greater of (x1) one and one-half two times the Rent (other than Percentage Rent) fixed rent and additional rent applicable to the Third Additional Premises payable under this the Lease for the last full calendar month of the Term plus Term, or (y2) one and one-half times the Percentage Rent payable under this Lease fair market rental value of the Third Additional Premises for such period, and month (as reasonably determined by Landlord); (ii) for each month (or portion thereof) thereafter, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for (1) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Third Additional Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-holding over by Tenant, provided that such new and (2) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which Tenant vacates the Premises and holding over by Tenant; and (iii) indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-holding over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereofTerm. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Third Additional Premises after the Third Additional Premises Expiration Date or sooner termination of this the Lease, and no acceptance by Landlord of payments from Tenant after the Third Additional Premises Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Articleclause (x). Nothing contained in this clause (x) shall be deemed to modify the provisions of Section 25.7 of the Original Lease with respect to a holdover by Tenant in that portion of the Premises that excludes the Third Additional Premises.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord resulting from any failure Any holding over by Tenant after expiration of the Lease Term as to timely surrender a specified Portion of the Leased Premises, as may be extended with respect to a portion of the Remainder pursuant to the Extension Option, shall neither constitute a renewal nor extension of this Lease nor give Tenant any rights in or to such Portion of the Leased Premises except as expressly provided in this paragraph. Any such holding over to which Landlord has consented shall be construed to be a tenancy from month to month, terminable upon thirty (30) days written notice on the same terms and conditions herein specified insofar as applicable, except that rent per month during such holdover period (“Holdover Rent”) shall be as set forth below. Any holding over to which Landlord has not consented shall be a tenancy at sufferance, and Landlord shall be entitled under law to recover possession of the Premises may be substantial, may exceed the amount such specified Portion of the Rent theretofore payable hereunderLeased Premises, and will shall be impossible entitled to accurately measure. Tenant therefore agrees that if possession exercise its remedies under Section 12 for Tenant’s failure to comply with its other obligations under this Lease with respect to surrender of the Premises is not surrendered Leased Premises, including without limitation under Section 2.6, but subject to Landlord on or before the Expiration Date or sooner termination limitations of Section 2.7(d). Additionally, Tenant will owe Holdover Rent for every day of Tenant’s continued holding over of the Termapplicable Portion of the Leased Premises, but subject to the limitations of Section 2.7(d). Holdover Rent shall be in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shallan amount equal to: (a) pay to Landlord (i) $2.9355 per rentable square foot per month as to the entirety of the Portion of the Third Floor and/or the entirety of the Additional Floor (as applicable) for the first 90 days during which Tenant holds over in the Premises any time period after the Lease Expiration Date or sooner termination applicable to such Portion of the Term, a sum equal Leased Premises through and until the Lease Expiration Date applicable to (x) one and one-half times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such period, and Remainder; (ii) for each $4.50 per rentable square foot per month (or portion thereof) thereafter, a sum equal as to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month entirety of the Term plus (y) the Percentage Rent payable under this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part Portion of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason Third Floor, the entirety of the holding-over Additional Floor, and/or any entire floor of the Remainder, in each case of which any portion thereof is occupied by Tenant, provided that such new lease for any time period after the Lease Expiration Date applicable to the Remainder. For the avoidance of doubt, if the Extension Option is fully executed prior exercised by Tenant pursuant to Article 15, the Extended Term shall only be applicable to the Extension Floors, and any holdover by Tenant of the Portion of the Third Floor, the Additional Floor or any other portions of the Remainder not comprising the Extension Floors shall be measured from the original Lease Expiration Date applicable thereto. If a Lease Expiration Date occurs on a day other than the first day of a calendar month, or the date upon which Tenant vacates the Premises and Landlord notifies Tenant that Landlord will incur such payment or rent concession. No holding-over by Tenant, nor the payment fails to Landlord surrender a Portion of the amounts specified aboveLeased Premises occurs on a day other than the last day of a calendar month, shall operate to extend then the Term hereofHoldover Rent for such fractional month will be prorated on the basis of the actual number of days in such month. Nothing herein contained Holdover Rent shall be deemed to permit Tenant to retain possession payable monthly in advance by the first day of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Articleeach 30-day period constituting any holdover period without prior demand.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Term, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Term, a sum equal to the greater of (xi) one and one-half times the Fixed Rent (other than Percentage Rent) plus one and one-half times Tenant's Tax Payment plus one and one-half times Tenant's Operating Payment payable under this Lease for the last full calendar month of the Term plus (y) in the Percentage Rent payable under this Lease for such period, and (ii) for each case of the first month (or any portion thereof) thereafter, a sum equal to (x) of any holdover and two times the Fixed Rent (other than Percentage Rent) plus two times Tenant's Tax Payment plus two times Tenant's Operating Payment payable under this Lease for the last full calendar month of the Term plus in the case of each month (yor any portion thereof) thereafter or (ii) one and one-half times the Percentage Rent payable under fair market rental value of the Premises for such month (as reasonably determined by Landlord), (b) if Tenant holds over past 30 days after the Expiration Date or earlier termination of this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “"New Tenant”") in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which holding-over by Tenant, and (c) if Tenant vacates holds over past 30 days after the Premises and Expiration Date or earlier termination of this Lease, indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article.Term

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Term, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Term, a sum equal to the greater of (xi) one and one-half times the Fixed Rent (other than Percentage Rent) plus one and one-half times Tenant's Tax Payment plus one and one-half times Tenant's Operating Payment payable under this Lease for the last full calendar month of the Term plus (y) in the Percentage Rent payable under this Lease for such period, and (ii) for each case of the first month (or any portion thereof) thereafter, a sum equal to (x) of any holdover and two times the Fixed Rent (other than Percentage Rent) plus two times Tenant's Tax Payment plus two times Tenant's Operating Payment payable under this Lease for the last full calendar month of the Term plus in the case of each month (yor any portion thereof) thereafter or (ii) one and one-half times the Percentage Rent payable under this Leasefair market rental value of the Premises for such month (as reasonably determined by Landlord), which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “"New Tenant”") in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which holding-over by Tenant, and (c) if Tenant vacates holds over past 30 days after the Premises and Expiration Date or earlier termination of this Lease, indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with 57 the provisions of this ArticleArticle 22. All of Tenant's obligations under this Article shall survive the expiration or earlier termination of the Term of this Lease.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord’s damages resulting from any Tenant’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to (xi) one and one-half during the first sixty (60) days of such holdover, 1.5 times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such periodTerm, and (ii) for each month (or portion thereof) thereafter, a sum equal to (x) two 2 times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this LeaseTerm, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for (1) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (2) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which Tenant vacates the Premises holding-over by Tenant, and (c) indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.2.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord's damages resulting from any Tenant's failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to (x) one and one-half times 150% of the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such periodTerm, and (ii) for each month (or portion thereof) thereafter, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any third-party tenant not affiliated with Landlord which is obtained by Landlord for all or any part of the Premises (a “"New Tenant”") in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding- over by Tenant, and (c) if any such new lease is fully executed prior to the date upon which Tenant vacates the Premises and nonconsensual holding over continues for more than 30 days, indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for actual damages (but in no event any consequential damages) by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 19.2.

Holdover Rent. Landlord and Tenant Txxxxx recognize that the damage to Landlord Lxxxxxxx’s damages resulting from any Txxxxx’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant Txxxxx holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to (x) one and one-half two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such periodTerm, and (ii) for each month (or portion thereof) thereafter, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for (1) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Txxxxx, and (2) the loss of the benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding-over by Txxxxx, and (c) indemnify Landlord against all claims for damages by any New Tenant, provided that such new lease is fully executed prior to the date upon which Tenant vacates the Premises and Landlord notifies Tenant that Landlord will incur such payment or rent concession. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereofhereof or to establish a month to month or any other tenancy. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.2.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord’s damages resulting from any Tenant’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to (xi) one and one-half during the first two (2) months of such holdover, 1.25 times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such periodTerm, and (ii) for each month (or portion thereof) thereafter, a sum equal to (x) two 1.5 times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this LeaseTerm, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) commencing after 120 days of such holdover and continuing thereafter, be liable to Landlord for (1) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that and (2) the loss of the benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding-over by Tenant, and (c) commencing after 120 days of such new lease is fully executed prior to the date upon which Tenant vacates the Premises holdover and continuing thereafter, indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.2.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord’s damages resulting from any Tenant’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to the greater of (xi) one and one-half 1.5 times the Fixed Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such periodTerm, and (ii) the rate Landlord is then asking for each month comparable space in the Building (or portion thereof) thereafterif no comparable space is then available, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month fair market rental value of the Term plus (y) the Percentage Rent payable under this LeasePremises as reasonably determined by Landlord, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for (1) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (2) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which Tenant vacates the Premises holding-over by Tenant, and (c) indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.2.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord's damages resulting from any Tenant's failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: (a) shall pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to (xi) one and one-half times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) for the Percentage Rent payable under this Lease for such periodfirst 60 days of the holdover, and (ii) for each month (or portion thereof) thereafter, a sum equal to (x) two times such Rent thereafter. In the Rent (other event that the holding over by Tenant extends for more than Percentage Rent) payable under this Lease for 90 days after the last full calendar month Expiration Date or sooner termination of the Term plus Term, then Tenant shall also be responsible for (ya) the Percentage Rent payable under this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”"NEW TENANT") in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (b) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which Tenant vacates the Premises holding-over by Tenant, and (c) indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSECTION 18.2.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord’s damages resulting from any Tenant’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to (x) one and one-half the product of the Holdover Multiplier times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such periodTerm, and (ii) for each month (or portion thereof) thereafter, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) as to any holding over exceeding one (1) month, be liable to Landlord for (1) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (2) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior by reason of the holding-over by Tenant, and (c) as to the date upon which Tenant vacates the Premises and any holding over exceeding one (1) month, indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereofhereof or to establish a month to month or any other tenancy. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection. The “Holdover Multiplier” shall mean: one hundred twenty-five percent (125%) for the first (1st) two (2) months of any holding over; and one hundred fifty percent (150%) thereafter.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord’s damages resulting from any Tenant’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of this Lease, Tenant’s continued possession shall be on the Term, basis of a tenancy at sufferance and in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to the greater of (xi) one and one-half times 150% of the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such periodTerm, and (ii) 150% of the rate Landlord is then asking for each month comparable space in the Building (or portion thereof) thereafterif no comparable space is then available, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month 150% of the Term plus (y) fair market rental value of the Percentage Rent payable under this LeasePremises as reasonably determined by Landlord), which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for (1) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (2) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which Tenant vacates the Premises holding-over by Tenant, and (c) indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.2.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord's damages resulting from any Tenant's failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to (x) one and one-half times 150% of the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such periodTerm, and (ii) for each month (or portion thereof) thereafter, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any third-party tenant not affiliated with Landlord which is obtained by Landlord for all or any part of the Premises (a “New Tenant”"NEW TENANT") in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding-over by Tenant, and (c) if any such new lease is fully executed prior to the date upon which Tenant vacates the Premises and nonconsensual holding over continues for more than 30 days, indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for actual damages (but in no event any consequential damages) by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 19.2.

Holdover Rent. Landlord and Tenant recognize that the ------------- damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on or before within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: (a) shall pay to Landlord for each month (ipro-rated, if applicable, on a daily basis) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Term, a sum equal to to: the greater of Landlord's reasonable estimate of the current fair market value rent or one hundred twenty-five percent (x125%) one and one-half times of the monthly Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such period, and (ii) for each month of the first two (2) months of such holdover; one hundred fifty percent (150%) of the greater of Landlord's reasonable estimate of the current fair market value rent or portion thereof) thereafter, a sum equal to (x) two times the monthly Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus for each of the next two (y2) months; and two hundred percent (200%) of the Percentage greater of Landlord's reasonable estimate of the current fair market value or the monthly Rent payable under this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord Lease for any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part the last full calendar month of the Premises Term for each holdover month thereafter (determined on a “New Tenant”) in order to induce such New Tenant not to terminate its lease phase by reason of the holding-over by Tenant, provided that such new lease is fully executed prior to the date upon which Tenant vacates the Premises and Landlord notifies Tenant that Landlord will incur such payment or rent concessionphase basis). No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleArticle 21. All of Tenant's obligations under this Article 21 ---------- ---------- shall survive the expiration or earlier termination of the Term of this Lease.

Holdover Rent. Any holding over by Tenant after the expiration of the Term shall be treated as a tenancy at sufferance, at the Rent set forth below, and otherwise on the terms and conditions set forth in this Lease. Landlord and Tenant recognize that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Term, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Term, a sum equal to the greater of (xi) one and one-half 2 times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such periodTerm, and or (ii) 1.5 times the fair market rental value of the Premises for each such month (or portion thereof) thereafter, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required as reasonably determined by law; andLandlord); (b) be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “"New Tenant”") in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which Tenant vacates the Premises holding-over by Tenant; and (c) indemnify and hold harmless Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article.

Holdover Rent. Any holding over by Tenant after the expiration or earlier termination of the Term shall be treated as a tenancy at sufferance, at the Rent set forth below, and otherwise on the terms and conditions of this Lease. Landlord and Tenant Xxxxxx recognize that the damage to Landlord Xxxxxxxx’s damages resulting from any Xxxxxx’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before by the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: (a) shall pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant Xxxxxx holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum holdover charge calculated as follows: (i) for each day during which Xxxxxx holds over in the Premises after the Expiration Date or sooner termination of this Lease, through and including the day which is thirty (30) days thereafter, a per diem holdover charge calculated at a rate equal to the greater of (x) one and one-half times 150% of the daily Fixed Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term Term, plus Tenant’s Tax Payment, Xxxxxx’s Operating Payment, and Xxxxxx’s Insurance Payment for said period of time; or (y) the Percentage Rent payable under this Lease for such periodthen-applicable fair market rental value of the Premises, as reasonably determined by Landlord; and (ii) if Tenant holds over in the Premises for each month more than thirty (30) days after the Expiration Date or portion thereof) thereaftersooner termination of this Lease, a sum per diem holdover charge calculated at a rate equal to the greater of (x) two times 200% of the daily Fixed Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term Term, plus Tenant’s Tax Payment, Xxxxxx’s Operating Payment, and Xxxxxx’s Insurance Payment for said period of time; or (y) the Percentage Rent payable under then-applicable fair market rental value of the Premises, as reasonably determined by Landlord. In addition, if such holding over continues for more than thirty (30) days after the Expiration Date or sooner termination of this Lease, which amounts then Tenant shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (bx) be liable to Landlord for (1) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that and (2) the loss of the benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding-over by Xxxxxx, and (y) indemnify Landlord against (i) all claims for damages by any New Tenant, and (ii) all consequential, indirect, and special damages incurred by Landlord arising out of or resulting of any such new lease is fully executed prior to the date upon which Tenant vacates the Premises and Landlord notifies Tenant that Landlord will incur such payment or rent concessionholding-over by Xxxxxx. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.3.

Holdover Rent. Landlord and Tenant recognize that the damage to Landlord Landlord’s damages resulting from any Tenant’s failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that Accordingly, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall: shall (a) pay to Landlord for each month (ior any portion thereof) for the first 90 days during which Tenant holds over in the Premises after the Expiration Date or sooner termination of the Termthis Lease, a sum equal to (x) one and one-half 1.5 times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease for such periodTerm, and (ii) for each month (or portion thereof) thereafter, a sum equal to (x) two times the Rent (other than Percentage Rent) payable under this Lease for the last full calendar month of the Term plus (y) the Percentage Rent payable under this Lease, which amounts shall be payable in lieu of any “use and occupancy” payment permitted or required by law; and (b) be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that such new and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease is fully executed prior to by reason of the date upon which Tenant vacates the Premises holding-over by Tenant, and (c) indemnify Landlord notifies Tenant that Landlord will incur such payment or rent concessionagainst all claims for damages by any New Tenant. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this ArticleSection 18.2.