Common use of Holdover Clause in Contracts

Holdover. If Tenant shall, without the written consent of Landlord, hold over after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”), Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.

Holdover. If Tenant shall, without Lessee remains in possession of all or any part of the Premises with Lessor’s prior written consent after the expiration or termination of Landlordthis Lease or of Lessee’s right to possession, such possession will constitute a month-to-month tenancy which may be terminated by either Lessor or Lessee upon thirty (30) days written notice and will not constitute a renewal or extension of the Lease Term. If Lessee remains in possession after such expiration or termination without Lessor’s prior written permission, such possession will constitute a tenancy-at-will terminable upon forty-eight (48) hours’ notice by Lessor and will not constitute a month-to-month tenancy nor a renewal or extension of the Lease Term. In the event of a month-to-month tenancy or tenancy-at-will under this Paragraph, Lessee’s Base Rent will be two hundred percent (200%) of the Base Rent payable during the last month of the Lease Term, any other sums due under this Lease will be payable in the amounts and at the times specified in this Lease, and all options, rights of refusal, expansions and/or renewals shall be null and void. Any tenancy under this Paragraph will be subject to every other term, condition and covenant contained in this Lease. Lessee agrees to defend, indemnify and hold over after Lessor harmless from any claim or cause of action arising out of related to the failure of Lessee to surrender possession of the Premises to Lessor upon the expiration of this Lease or upon any such termination. Notwithstanding the foregoing, Lessee shall have the option to holdover for a period of up to three (3) months following the expiration of the Lease Term (hereinafter, an “unauthorized holdover”), Tenant lease term at 115% of the last rent due under the terms of the lease. Lessee shall be deemed required to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of provide Lessor one-hundred eighty (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In notice prior to lease the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon lease expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovedate.

Holdover. If Tenant shall, without shall not immediately surrender the written consent of Landlord, hold over after Premises at the expiration of the Lease Term (hereinafteror earlier termination of the Lease, an “unauthorized holdover”)then Tenant shall, by virtue of the provisions of this paragraph 3.6, become a tenant by the month. In such event Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees required to pay to Landlord a per diem occupancy charge equal to the sum of (A) five one hundred fifty percent (5150%) of the stated amount of the monthly installment of Base Rent for then in effect and as subsequently escalated in accordance with the provisions hereof, together with all Additional Rent in effect during the last full month of the Lease Term then ending for each day of commencing said monthly tenancy with the first month of such holdover (or 150% of such monthly Base Rent for day next after the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month end of the Lease Term then ending for each day of the second Term; and said Tenant, as a month-to-month of such holdover (or 180% of such monthly Base Rent for the entire second month)tenant, (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented subject to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms conditions and provisions covenants of this LeaseLease as though the same had originally been a monthly tenancy, except the monthly Base Rent shall be as agreed by Landlord and Tenant otherwise provided above with respect to such consented holdoverthe payment of Rent. Upon expiration Each party hereto shall give to the other at least thirty (30) days written notice to quit the Premises, except in the event of non-payment of Rent provided for herein when due, or of the Lease Term as provided hereinbreach of any other covenant by the said Tenant, in which event, Tenant shall not be entitled to any notice to quit, the usual thirty (30) days notice to quit being hereby expressly waived under such circumstanceswaived; provided, however, that in the event that Tenant shall hold over after expiration of the Term, and Tenant if Landlord shall surrender desire to regain possession of said Premises promptly at the expiration of the Term, then at any time prior to the acceptance of the Rent by Landlord from Tenant, as a monthly tenant hereunder, Landlord, at its election or option, may reenter and take possession of the Premises on forthwith, without process, or by any legal action or process in the last day Commonwealth of Virginia. Landlord shall have all the Lease Term as rights and remedies provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, for by law and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdoverthis Lease, including any claims arising out the right to recover damages (including consequential damages) suffered by Landlord in the event of Tenant’s indemnity under Section 26holdover in the Premises; provided, above.however, Tenant shall not be liable for any consequential damages in the event Tenant vacates the Premises in accordance with the terms of this Lease within sixty (60) days following the termination of this Lease

Holdover. If Tenant shall, without with Landlord's consent remains in possession of the written consent of Landlord, hold over Premises after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”), Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately or after the date in any notice given by Landlord as provided to Tenant terminating this Lease, such possession by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all of the terms and provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent, computed on a per-month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the monthly Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that, as liquidated damages (which shall be Landlord's sole damages) for such holding over, the Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Lease Term as provided hereinfor the first thirty (30) days of such holdover, Tenant and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this Section 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law except for Landlord's damages which are liquidated at the amounts set forth above. No provision of this Section 27 shall be entitled construed as implied consent by Landlord to any notice holding over by Tenant. Landlord expressly reserves the right to quit, the usual notice require Tenant to quit being hereby expressly waived under such circumstances, and Tenant shall surrender possession of the Premises on the last day of the Lease Term to Landlord as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any this Lease upon expiration or other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out termination of Tenant’s indemnity under Section 26, abovethis Lease.

Holdover. If Tenant shall, without with Landlord’s consent remains in possession of the written consent of Landlord, hold over Premises after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”), Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately or after the date in any notice given by Landlord as provided to Tenant terminating this Lease, such possession by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all of the terms and provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred thirty-five percent (135%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. In any such case of Holdover without the consent of Landlord, the monthly Base Rent shall be as agreed computed on a per-month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this ¶ 27 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant with respect fails to such consented holdover. Upon surrender the Premises upon the expiration of the this Lease Term as provided hereindespite demand to do so by Landlord, Tenant shall not indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this ¶ 27 shall be entitled construed as implied consent by Landlord to any notice holding over by Tenant. Landlord expressly reserves the right to quit, the usual notice require Tenant to quit being hereby expressly waived under such circumstances, and Tenant shall surrender possession of the Premises on the last day of the Lease Term to Landlord as provided in Section 26, abovethis Lease upon expiration or other termination of this Lease. The foregoing described per diem occupancy charge is in addition to, and provisions of this ¶ 27 shall not in lieu of, be considered to limit or constitute a waiver of any other claims for damages which rights or remedies of Landlord may have provided in this Lease or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, aboveat law.

Holdover. If Tenant shall, without Sublessee fails to surrender the written consent of Landlord, hold over after Additional Subleased Premises or any portion thereof at the expiration or earlier termination of the Lease Term, then it will be conclusively presumed that the value to Sublessee of remaining in possession, and the loss that will be suffered by Sublessor as a result thereof, far exceed the Rent and additional rent that would have been payable had the Term continued during such holdover period. Therefore, if Sublessee (hereinafteror anyone claiming through Sublessee) does not immediately surrender the Additional Subleased Premises or any portion thereof upon the expiration or earlier termination of the Term, an “unauthorized holdover”)then the rent payable by Sublessee shall be increased to two (2) times then-applicable base rent for the Additional Subleased Premises as set forth in the Prime Lease. Such rent shall be computed by Sublessor and paid by Sublessee on a monthly [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, Tenant MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Additional Subleased Premises have been vacated. Notwithstanding any other provision of this Sublease, Sublessor’s acceptance of such rent shall not in any manner adversely affect Sublessor’s other rights and remedies, including Sublessor’s right to evict Sublessee and to recover all damages. Any such holdover shall be deemed to be a tenant tenancy at sufferance, which sufferance and not a tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees at will or tenancy from month to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In no event shall any holdover be deemed a permitted extension or renewal of the case of a holdover which has been consented to by LandlordTerm, Tenant and nothing contained herein shall be deemed construed to be a month constitute Sublessor’s consent to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant any holdover or to give Sublessee any right with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovethereto.

Holdover. (a) If Tenant shall, without the written consent of Landlord, shall hold over after the expiration or sooner termination of the Lease Term term of this lease, and if Owner shall then not proceed to remove Tenant from the Demised Premises in the manner permitted by law (hereinafteror shall not have given written notice to Tenant that Tenant must vacate the Demised Premises) irrespective of whether or not Owner accepts rent from Tenant for a period beyond the Expiration Date, an “unauthorized holdover”), Tenant the parties hereby agree that Tenant's occupancy of the Demised Premises after the expiration or sooner termination of the term shall be deemed to be under a tenant at sufferancemonth-to-month tenancy commencing on the first day after the expiration or sooner termination of the term, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms set forth in this lease except that Tenant shall pay on the first day of each month of the holdover period as Fixed Rent, an amount equal to two (2) times one-twelfth of the sum of the Fixed Rent and provisions Additional Charges payable by Tenant during the last year of the term of this Lease, except the monthly Base Rent shall be as lease. It is stipulated and agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant that Owner shall not be required to perform any work, furnish any materials or make any repairs within the Demised Premises during the holdover period. It is further stipulated and agreed that if Owner shall, at any time after the expiration or sooner termination of the term, proceed to remove Tenant from the Demised Premises as a holdover, the Fixed Rent for the use and occupancy of the Demised Premises during any holdover period shall be calculated in the same manner as set forth above. In addition to the foregoing, Owner shall be entitled to recover from Tenant any notice to quit, the usual notice to quit being hereby expressly waived under losses or damages arising from such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.

Holdover. If Should Tenant shall, without continue to occupy the written consent Demised Premises -------- after expiration of Landlord, hold over after the term or any renewal thereof and provided Landlord has notified Tenant thirty (30) days prior to the expiration of the Lease Term (hereinafter, an “unauthorized holdover”)term or any renewal term that Landlord is negotiating or has executed a lease with a third party for the Demised Premises or any portion thereof, Tenant shall be deemed to be occupying the Demised Premises without claim or right and Tenant shall pay Landlord all costs arising out of loss or liability resulting from delay by Tenant in so surrendering the Demised Premises as above provided and shall pay a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or occupancy an amount equal to 150% of such monthly the Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term basis) then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per monthreserved hereunder. In the case event Landlord has failed to notify Tenant in writing within thirty (30) days prior to the expiration of the term or any renewal term that Landlord is negotiating or has executed a holdover which has been consented lease with a third party for the Demised Premises or any portion thereof, Tenant shall be entitled to by Landlordoccupy the Demised Premises for a period of sixty (60) days following expiration of the term or any renewal term on the same terms and conditions as such term or renewal term (including Base Rental and additional rental). Should Tenant continue to occupy the Demised Premises following such sixty (60) day period, Tenant shall be deemed to be a month to month tenant upon all of occupying the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, Demised Premises without claim or right and Tenant shall surrender pay Landlord as a full measure of all loss or liability resulting from delay by Tenant in so surrendering the Demised Premises on the last as above provided a charge for each day of occupancy an amount equal to 200% of the Lease Term as provided in Section 26, above. The foregoing described Base Rent and Additional Rent (on a per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovebasis) then reserved hereunder.

Holdover. If 34.01. (a) In the event this lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant shall, without the written consent of Landlord, shall then hold over after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”it being agreed that Tenant shall not be deemed holding over by the mere fact that Tenant’s Property remains in the Premises after the expiration of the Term), Tenant the parties hereby agree that Tenant’s occupancy of the Premises after the expiration of the term shall be deemed to be a tenant tenancy at sufferancewill commencing on the first day after the expiration of the Term, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms set forth in this lease except Tenant shall pay on the first day of each month of the holdover period as Fixed Rent, an amount equal to the product obtained by multiplying one-twelfth of the Fixed Rent payable by Tenant during the last year of the Term (i.e., the year immediately prior to the holdover period) prorated for any partial month on a per diem basis, by (ii) one hundred twenty-five (125%) percent for the first thirty days of such holdover, one hundred fifty (150%) percent for the next thirty (30) days of such holdover, and provisions of this Leaseone hundred seventy-five (175%) percent thereafter. It is further stipulated and agreed that if Landlord shall, except at any time after the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term Term, proceed to remove Tenant from the Premises as provided herein, Tenant shall not be entitled to any notice to quita holdover, the usual notice to quit being hereby expressly waived under such circumstances, Fixed Rent for the use and Tenant shall surrender occupancy of the Premises on during any holdover period shall be calculated in the last day of the Lease Term same manner as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, set forth above.

Holdover. If Tenant shall, without with Landlord's consent remains in possession of the written consent of Landlord, hold over Premises after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”), Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately or after the date in any notice given by Landlord as provided to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all of the terms and provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the monthly Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease Term as provided hereindespite demand to do so by Landlord, Tenant shall not indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be entitled construed as implied consent by Landlord to any notice holding over by Tenant. Landlord expressly reserves the right to quit, the usual notice require Tenant to quit being hereby expressly waived under such circumstances, and Tenant shall surrender possession of the Premises on the last day of the Lease Term to Landlord as provided in Section 26, abovethis Lease upon expiration or other termination of this Lease. The foregoing described per diem occupancy charge is in addition to, and provisions of this (P) 27 shall not in lieu of, be considered to limit or constitute a waiver of any other claims for damages which rights or remedies of Landlord may have provided in this Lease or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, aboveat law.

Holdover. If Tenant shallExcept as otherwise expressly provided in the Overlandlord Consent, without in the written consent event Subtenant is in possession of Landlord, hold over the Subleased Premises after the expiration or earlier termination of the Lease Term (hereinafterthis Sublease, an “unauthorized holdover”)then Subtenant, Tenant at Sublandlord’s option, shall be deemed to be occupying the Subleased Premises at sufferance at a tenant Monthly Base Rental equal to the greater of two hundred percent (200%) of (i) the Monthly Base Rental in effect prior to expiration or termination or (ii) the Base Rent provided for under Section 13.9 of the Xxxxxxxxx, with such Base Rent to be charged on a monthly basis for each calendar month or portion thereof for which Tenant holds over, without proration for a partial calendar month, and Subtenant shall otherwise remain subject to all of the conditions, provisions and obligations of this Sublease insofar as the same are applicable to a tenancy at sufferance, which including, without limitation, the payment of all Additional Rent and all other amounts due from Subtenant to Sublandlord hereunder. The acceptance of a purported rent check following termination shall not constitute the creation of a tenancy may at will, it being agreed that Subtenant’s status shall remain that of a subtenant at sufferance. No holding over by Subtenant after the expiration or termination of this Sublease shall be terminated immediately construed to extend or renew the Term or in any other manner be construed as permission by Landlord Sublandlord to holdover. Subtenant shall indemnify and hold Sublandlord harmless from and against any and all damages (actual, consequential or otherwise), losses, costs and expenses, including reasonable attorneys’ fees, incurred by Sublandlord arising out of or in any way attributable to such holding over and/or failure to deliver the Subleased Premises in the condition required by this Sublease on the expiration or earlier termination of the Term of this Sublease. Nothing contained herein shall be construed as consent by Sublandlord to any holding over. Subtenant’s obligations hereunder shall survive the expiration or earlier termination of this Sublease. Except as otherwise expressly provided in the Overlandlord Consent, at the end of the Term or sooner termination of this Sublease, Tenant shall peaceably surrender and deliver up the Subleased Premises, together with the water neutralizer and emergency generator as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) Section 7.4 of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (Xxxxxxxxx, vacant, broom clean, with all utilities safely capped and in good repair and condition, subject to reasonable wear and tear and damage by fire or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first other casualty. Not later than two (2) months thereof business days prior to the end of the Term or sooner termination of this Sublease, Subtenant shall remove all signs and lettering and all trade fixtures and personal property, goods and effects belonging to Subtenant or anyone claiming through or under Subtenant (but not to exceed 200% of such monthly Base Rent for each such full monthand shall also remove the Licensed Property unless Sublandlord expressly elects otherwise in writing), shall promptly repair the Subleased Premises and (D) one hundred percent (100%) Building as a result of any damage to, or destruction caused by such removal and shall cause all maintenance and repair work of Subtenant to conform to Legal Requirements. Unless Overlandlord or Sublandlord elects otherwise, all installations, alterations, additions or improvements in or to the Subleased Premises shall be the property of Overlandlord and shall remain upon, and be surrendered with, the Subleased Premises at the end of the additional rent which would have been payable by Tenant for Term or sooner termination of this Sublease. Subtenant’s failure to comply with the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month foregoing and with any and all other surrender requirements of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant Xxxxxxxxx shall be deemed to be constitute a month to month tenant upon all of the terms and provisions of holdover under this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, aboveSublease.

Holdover. If Tenant shall, without Sublessee fails to surrender the written consent of Landlord, hold over after Subleased Premises or any portion thereof at the expiration or earlier termination of the Lease Term, then it will be conclusively presumed that the value to Sublessee of remaining in possession, and the loss that will be suffered by Sublessor as a result thereof, far exceed the Rent and additional rent that would have been payable had the Term continued during such holdover period. Therefore, if Sublessee (hereinafteror anyone claiming through Sublessee) does not immediately surrender the Subleased Premises or any portion thereof upon the expiration or earlier termination of the Term, an “unauthorized holdover”)then the rent payable by Sublessee shall be increased to two (2) times then-applicable base rent for the Subleased Premises as set forth in the Prime Lease. Such rent shall be computed by Sublessor and paid by Sublessee on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Subleased Premises have been vacated. Notwithstanding any other provision of this Sublease, Tenant Sublessor's acceptance of such rent shall not in any manner adversely affect Sublessor's other rights and remedies, including Sublessor's right to evict Sublessee and to recover all damages. Any such holdover shall be deemed to be a tenant tenancy at sufferance, which sufferance and not a tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees at will or tenancy from month to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In no event shall any holdover be deemed a permitted extension or renewal of the case of a holdover which has been consented to by LandlordTerm, Tenant and nothing contained herein shall be deemed construed to be a month constitute Sublessor's consent to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant any holdover or to give Sublessee any right with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovethereto.

Holdover. If In the event that Tenant remains in possession of any Demised Premises after the expiration or earlier termination of this Lease without the prior written consent of Landlord (which may be granted or withheld in Landlord’s sole and absolute discretion), (a) Tenant shall, without at the written consent option of Landlord, hold over after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”), Tenant shall be deemed to be occupying such Demised Premises as a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a from month to month tenant upon month, subject to all of the terms and provisions conditions of this Lease, except the monthly (b) Tenant shall pay Base Rent shall be as agreed by Landlord and Tenant in effect with respect to such consented holdover. Upon expiration Demised Premises as of the Lease Term as provided hereinPayment Date immediately preceding the date of such expiration or termination multiplied by (i) one hundred twenty-five percent (125%) for the first thirty (30) days of its holdover, (ii) one hundred thirty-five percent (135%) for the next thirty (30) days of its holdover, (iii) one hundred forty-five percent (145%) for the next thirty (30) days of its holdover, (iv) one hundred fifty-five percent (155%) for the next thirty (30) days of its holdover, and (ii) one hundred sixty-five percent (165%) for the remainder of its holdover, (c) Tenant shall remain liable for the payment and performance of all of its other obligations under this Lease, including, without limitation, the payment of all Additional Rent, during the period of any such holdover, and (d) if Tenant holds over for more than ninety (90) days, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day liable for all Claims incurred or suffered by Landlord as a result of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized Tenant’s holdover, including without limitation, any claims arising out damages suffered by Landlord resulting from the termination by an incoming tenant of Tenant’s indemnity under Section 26, aboveits proposed lease for all or any portion of the Demised Premises.

Holdover. If 28.01. (a) The parties recognize that, in the case of an Early Termination, the damage to Landlord resulting from any failure by Tenant shallto timely surrender possession of the Leased Premises will be substantial, without will exceed the written amount of the monthly installments of the Base Rent payable hereunder, and will be impossible to measure accurately. Tenant therefore agrees that if possession of the Leased Premises is not surrendered to Landlord in the event of Early Termination of the Agreement, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall pay to Landlord, as liquidated damages, for each month and for each portion of any month during which Tenant holds over in the Leased Premises after such Early Termination of the Agreement, a sum equal to one hundred fifty percent (150%) of the aggregate of that portion of the Base Rent (plus actual Additional Rent if any) that was payable under this Agreement during the last month of the Term of this Agreement. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Leased Premises after such Early Termination of the Agreement. The provisions of this Article shall survive after an Early Termination of this Agreement. Tenant’s occupancy subsequent to an Early Termination of this Agreement, whether or not with the consent or acquiescence of Landlord, hold over after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”), Tenant shall be deemed to be that of a tenant tenancy-at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, will and in no event less often than once per from month-to-month or year-to-year and it shall be subject to all terms, covenants and conditions of this Agreement applicable thereto, including, without limitation, those set forth in this Article. In the case event Tenant defaults or remains in possession of a holdover which has been consented to by Landlord, Tenant the Leased Premises or any part thereof after an Early Termination of the tenancy-at-will created hereby then Tenant’s occupancy shall be deemed a tenancy-at-sufferance and not a tenancy-at-will. If Tenant shall holdover as aforesaid, and if Landlord shall desire to be a month to month tenant upon all regain possession of the terms Leased Premises, then at any time prior to Landlord’s acceptance of any Rent from Tenant for a specific time period, Landlord, at its option, may forthwith re-enter and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration take possession of the Lease Term as provided hereinLeased Premises: (a) without process; and (b) by any legal process available in the Town of New Scotland, Tenant shall not be entitled to any notice to quitAlbany County, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, aboveNew York.

Holdover. If vacant and exclusive possession of the Premises is not surrendered to Landlord on the Expiration Date, then Tenant shallshall pay to Landlord on account of use and occupancy of the Premises, for each month (or any portion thereof) during which Tenant (or a Person claiming by, through or under Tenant) holds over in the Premises after the Expiration Date, an amount equal to one hundred fifty percent (150%) of the aggregate Rental that was payable under this Lease during the last month of the Term, except that Tenant shall pay an amount equal to two hundred percent (200%) of the aggregate Rental that was payable under this Lease during the last month of the Term for the period commencing on the sixtieth (60th) day of such holdover period. Landlord’s right to collect such amount from Tenant for use and occupancy shall be in addition to any other rights or remedies that Landlord may have hereunder or at law or in equity (including, without limitation, Landlord’s right to recover Landlord’s damages from Tenant that derive from vacant and exclusive possession of the written consent Premises not being surrendered to Landlord on the Expiration Date); provided, however, that Landlord shall not have the right to recover such damages unless Tenant’s holdover extends for more than sixty (60) days. Nothing contained in this Section 27.2 shall permit Tenant to retain possession of Landlord, hold over the Premises after the expiration Expiration Date or limit in any manner Landlord’s right to regain possession of the Lease Term (hereinafterPremises, an “unauthorized holdover”), through summary proceedings or otherwise. Landlord’s acceptance of any payments from Tenant after the Expiration Date shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) on account of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not amount to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable be paid by Tenant for in accordance with the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdoverArticle 27. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.128

Holdover. If 34.01. (a) In the event this lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant shall, without the written consent of Landlord, shall then hold over after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”it being agreed that Tenant shall not be deemed holding over by the mere fact that Tenant’s Property remains in the Premises after the expiration of the Term), Tenant the parties hereby agree that Tenant’s occupancy of the Premises after the expiration of the term shall be deemed to be a tenant tenancy at sufferancewill commencing on the first day after the expiration of the Term, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms set forth in this lease except Tenant shall pay on the first day of each month of the holdover period as Fixed Rent, an amount equal to the product obtained by multiplying one-twelfth of the Fixed Rent payable by Tenant during the last year of the Term (i.e., the year immediately prior to the holdover period) prorated for any partial month on a per diem basis, by (ii) one hundred twenty-five (125%) percent for the first thirty (30) days of such holdover, one hundred fifty (150%) percent for the next thirty (30) days of such holdover, and provisions of this Leaseone hundred seventy-five (175%) percent thereafter. It is further stipulated and agreed that if Landlord shall, except at any time after the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term Term, proceed to remove Tenant from the Premises as provided herein, Tenant shall not be entitled to any notice to quita holdover, the usual notice to quit being hereby expressly waived under such circumstances, Fixed Rent for the use and Tenant shall surrender occupancy of the Premises on during any holdover period shall be calculated in the last day of the Lease Term same manner as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, set forth above.

Holdover. If Tenant shall, without remains in the written consent of Landlord, hold over Premises after the termination or expiration of the Lease Term (hereinafterTerm, an “unauthorized holdover”)such holding over shall be, Tenant shall be deemed except as Landlord may elect pursuant to be the next sentence, as a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord sufferance at a per diem occupancy charge monthly fixed rent (“Holdover Rent”) equal to (a) for the sum first sixty (60) days of (A) five such holdover, the greater of one hundred fifty percent (5150%) of the stated monthly Base Annual Fixed Rent due hereunder for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six one hundred fifty percent (6150%) of the stated monthly Base rent being obtained by Landlord for comparable space in Phase 2 at the time of the termination or expiration of the Term, and (b) thereafter, the greater of twice the Annual Fixed Rent due hereunder for the last full month of the Lease Term then ending or twice the rent being obtained by Landlord for each day comparable space in Phase 2 at the time of the second month termination or expiration of such holdover the Term, and otherwise subject to all the covenants and conditions (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%including obligations to pay additional charges under Section 2.6) of this Lease as though it had originally been a monthly tenancy. Notwithstanding the stated monthly Base Rent for that last full month foregoing, if Landlord desires to regain possession of the Lease Term then ending for each day of such holdover Premises at any time after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) termination or expiration of the additional rent which would have been payable by Tenant for the period of such holdoverTerm hereof, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month Landlord may, at its option, forthwith re-enter and take possession of the Lease Term then ending Such payments shall be made Premises or any part thereof without process or by any legal process in force in The Commonwealth of Massachusetts. Notwithstanding the establishment of any holdover tenancy following the expiration or earlier termination of the Term, if Tenant fails promptly to vacate the Premises within thirty (in arrears) within five (530) days after Landlord’s demand, and in no event less often than once per month. In the case expiration or earlier termination of a holdover which has been consented to by Landlordthe Term, Tenant shall be deemed to be a month to month tenant upon all of the terms indemnify and provisions of this Leasehold Landlord harmless from and against any claim, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided hereinloss, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have cost or assert against Tenant in connection with any unauthorized holdover, expense (including any claims reasonable attorneys’ fees) arising out of Tenant’s indemnity under Section 26, abovefailure promptly to vacate the Premises (or any portion thereof).

Holdover. (a) If Tenant shall, without the written consent of Landlord, shall hold over after the expiration or sooner termination of the Lease Term term of this Lease, and if Landlord shall then not proceed to remove Tenant from the Premises in the manner permitted by law (hereinafteror shall not have given written notice to Tenant that Tenant must vacate the Premises) irrespective of whether or not Landlord accepts rent from Tenant for a period beyond the Expiration Date, an “unauthorized holdover”), Tenant the parties hereby agree that Tenant’s occupancy of the Premises after the expiration or sooner termination of the term shall be deemed to be under a tenant at sufferancemonth-to-month tenancy commencing on the first day after the expiration or sooner termination of the term, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms set forth in this Lease except that Tenant shall pay on the first day of each month of the holdover period as Fixed Rent, an amount equal to one and provisions one-half (1 ½) times one-twelfth of the sum of the Fixed Rent and Additional Charges payable by Tenant during the last year of the term of this Lease, except Lease for the monthly Base Rent shall be as first thirty (30) days Tenant holds over and thereafter two (2) times such sum. It is stipulated and agreed by that Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be required to perform any work, furnish any materials or make any repairs within the Premises during the holdover period. It is further stipulated and agreed that if Landlord shall, at any time after the expiration or sooner termination of the term, proceed to remove Tenant from the Premises as a holdover, the Fixed Rent for the use and occupancy of the Premises during any holdover period shall be calculated in the same manner as set forth above. In addition to the foregoing, Landlord shall be entitled to recover from Tenant any notice to quit, the usual notice to quit being hereby expressly waived under losses or damages arising from such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.

Holdover. If There shall be no holding over by Tenant shall, without the written consent of Landlord, hold over after the expiration or earlier termination of this Lease and the failure by Tenant to deliver possession of the Demised Premises to Owner in accordance with this Lease shall be an unlawful holdover. If possession of the Demised Premises shall not be surrendered to Owner in accordance with the terms and conditions of this Lease on or before the Expiration Date or earlier termination of this Lease, then in addition to any other rights or remedies Owner may have under the Lease or at law or in equity, including, without limitation, to obtain possession of the Demised Premises by summary proceeding or other lawful action or remedy and/or to recover damages from Tenant’s holdover, but subject to the terms of Section 19.05 of this Lease, Owner shall be entitled to, in order to compensate Owner for Tenant’s holdover use and occupancy of the Demised Premises, but not as rent, use and occupancy charges. Owner and Tenant agree that (x) with respect to the first (2) months in which Tenant holds over for any days in any such month, the use and occupancy charge for each such month shall be a sum equal to one-hundred fifty percent (150%) of the monthly Fixed Rent and increases therein pursuant to Article 23 for the last month before the Expiration Date (plus charges that would have accrued under Article 29 if the Lease had remained in effect) and (y) with respect to any month thereafter in which Tenant holds over for any days, the use and occupancy charge for each such month shall be a sum equal to two hundred percent (200%) of the monthly Fixed Rent and increases therein pursuant to Article 23 for the last month before the Expiration Date (plus charges that would have accrued under Article 29 if the Lease had remained in effect). Such payment shall be made on the first day of each month after the expiration or sooner termination of this Lease whether or not Tenant anticipates vacating the Demised Premises in such calendar month. Owner waives no rights against Tenant by reason of accepting any holding over by Tenant. The provisions of this Section 21.04 shall not in any way be deemed to (i) permit Tenant to remain in possession of the Demised Premises after the Expiration Date or sooner termination of this Lease, or (ii) imply any right of Tenant to use or occupy the Demised Premises upon expiration or termination of this Lease and the Demised Term, and no acceptance by Owner of payments from Tenant after the Expiration Date or sooner termination of the Demised Term (hereinafter, an “unauthorized holdover”), Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) other than on account of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not amount to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable be paid by Tenant for in accordance with the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdoverSection 21.04. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.

Holdover. If Landlord agrees in writing that Tenant shall, without the written consent of Landlord, may hold over after the expiration or earlier termination of this Lease, unless the Lease Term parties hereto otherwise agree in writing as to the terms of such holding over, the holdover tenancy shall be subject to termination by Landlord or Tenant at any time upon not less than thirty (hereinafter30) days' prior written notice. If Tenant holds over without the consent of Landlord, an “unauthorized holdover”)the same shall be a tenancy at will terminable at any time, and Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay liable to Landlord a per diem occupancy charge equal for, and Tenant shall indemnify, protect, defend and hold Landlord harmless from and against, any damages, liabilities, losses, costs, expenses or claims suffered or caused by such holdover, including damages and costs related to the sum of (A) five percent (5%) any successor tenant of the stated monthly Base Rent for the last full month Premises to whom Landlord could not deliver possession of the Lease Term then ending for each day of Premises when promised. If Tenant provides Landlord with at least six (6) months prior written notice that Tenant will hold over (the first month of such holdover (or 150% of such monthly Base Rent for the entire first month"Holdover Notice"), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term and provided that Landlord consents to such holding over, then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after during the first two (2) months thereof (but not of any such holdover tenancy with consent, Tenant shall pay to exceed 200% of such monthly Base Rent for each such full month)Landlord from time to time upon demand, and (D) an amount equal to one hundred twenty five percent (100125%) of the additional rent which would have been then applicable Base Rent, plus all Additional Rent and other sums payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demandunder this Lease, and be bound by all the terms, covenants and conditions specified in no event less often than once per month. In the case this Lease, as so far applicable; during any subsequent months of a any such holdover which has been consented to by Landlordtenancy with consent, Tenant shall be deemed pay to be a month Landlord from time to month tenant time upon all demand, an amount equal to one hundred fifty percent (150%) of the terms then applicable Base Rent, plus all Additional Rent and other sums payable under this Lease, and be bound by all the terms, covenants and conditions specified in this Lease, as so far applicable. If Tenant does not provide Landlord with the Holdover Notice, then during any holdover tenancy with Landlord's consent, Tenant shall pay to Landlord from time to time upon demand, an amount equal to one hundred fifty percent (150%) of the then applicable Base Rent, plus all Additional Rent and other sums payable under this Lease, and be bound by all the terms, covenants and conditions specified in this Lease, as so far applicable. During any holdover tenancy without Landlord's consent, Tenant shall pay to Landlord from time to time upon demand, an amount equal to two hundred percent (200%) of the then applicable Base Rent, plus all Additional Rent and other sums payable under this Lease, and be bound by all the terms, covenants and conditions specified in this Lease, as so far applicable. Notwithstanding anything to the contrary contained in this Section 3.6, no holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease. The preceding provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant Paragraph 3.6 shall not be entitled construed as Landlord's consent to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, aboveholding over by Tenant. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.3.7

Holdover. If The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant shallto timely peaceably and quietly leave, without surrender and yield up unto Landlord the written consent Premises in the Delivery Condition upon expiration of Landlordother earlier termination of this Lease will be substantial, hold will exceed the amount of the monthly installments of the Base 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 upon the expiration or earlier termination of the Term (as the same may be extended by Tenant pursuant to the provisions of Article 33 hereof), then, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall (a) pay to Landlord for each month (and for each portion of any month) during which Tenant holds over in the Premises after the expiration of earlier termination of this Lease, a sum equal to (i) two (2) times the Base Rent paid during the initial Term for this Lease (as set forth in Article 2 hereof), plus (ii) all Impositions and other additional rent payable by Tenant pursuant to the terms of this Lease and (b) if such holdover shall continue beyond the date which is one hundred and eighty (180) days after the date of expiration or sooner termination of the Term (hereinafter, an “unauthorized holdover”as the same may be extended by Tenant pursuant to the provisions of Article 33 hereof), be liable to Landlord for and indemnify Landlord against (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”) pursuant to a lease executed and delivered between Landlord and such New Tenant (such lease, a “New Tenant Lease”) by reason of the late delivery of space to the New Tenant as a result of Tenant’s holding over in the Premises or in order to induce such New Tenant not to terminate its New Tenant Lease by reason of the holding over by Tenant in the Premises, (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its New Tenant Lease by reason of the holding over by Tenant in the Premises and (iii) any claim for damages by any New Tenant (provided, that the maximum liability of Tenant under the foregoing clause (b) shall not exceed ten million dollars ($10,000,000) under any circumstances). Nothing herein contained shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately permit Tenant to retain possession of the Premises after the Expiration Date or earlier termination of this Lease. The acceptance by Landlord as provided by applicable state law. During of any payments from Tenant after the expiration or earlier termination of this Lease shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding (such being an “agreement expressly providing otherwise” within the meaning of Section 232-c of the Real Property Law of the State of New York), nor shall any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum acceptance be deemed anything other than on acceptance of (A) five percent (5%) payment on account of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not amounts to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable be paid by Tenant for in accordance with the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this LeaseSection. Tenant expressly waives, except for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration provisions of Section 2201 of the Lease Term as provided herein, Tenant shall not be entitled to New York Civil Practice Law and Rules and of any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day successor law of the Lease Term as provided like import then in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant force in connection with any unauthorized holdover, including any claims arising out holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 34. Tenant’s indemnity liabilities and obligations under Section 26, abovethis Article 34 shall survive the Expiration Date or sooner termination of the term of this Lease.

Holdover. If Tenant shall, without the written consent of Landlord, hold over after the expiration of the Lease Term (hereinafter, an “"unauthorized holdover”"), Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writinginlwriting, Tenant agrees to pay to Landlord a per diem an occupancy charge equal to the sum of (A) five percent (5%) 125% of the stated monthly Base Rent for the last full month of the Lease Term then ending ending, calculated on xxxx xxxx basis, for each day of the first (15t) month of such holdover (or 150% of such monthly Base Rent for the entire first month)holdover, (B) six percent (6%) 150% of the stated monthly Base Rent for the last full month of the Lease Term then ending ending, calculated on xxxx xxxx basis, for each day of the second month (2nd) and third (3rd) months of such holdover (or 180% of such monthly Base Rent for the entire second month)holdover, (C) seven percent (7%) 200% of the stated monthly Base Rent for that the last full month of the Lease Term then ending ending, calculated on xxxx xxxx basis, for each day of such holdover after the first two three (23) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month)holdover, and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending ending. Such payments shall be made (in arrears) within five ten (510) days after Landlord’s 's demand, and in no event less often than once per month. In the case of a holdover which has been consented to by LandlordLandlord in writing, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises ~remises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem holdover occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s 's indemnity under Section 26, above., and acceptance of such occupancy charge(s) shall not be construed as a consent by Landlord to any such holdover .. 55

Holdover. If Tenant shall, without Lessee remains in possession of all or any part of the Premises with Lessor’s prior written consent of Landlord, hold over after the expiration or termination of this Lease or of Lessee’s right to possession, such possession will constitute a month-to-month tenancy which may be terminated by either Lessor or Lessee upon thirty (30) days written notice and will not constitute a renewal or extension of the Lease Term. If Lessee remains in possession after such expiration or termination without Lessor’s prior written permission, such possession will constitute a tenancy-at-will terminable upon forty-eight (48) hours’ notice by Lessor and will not constitute a month-to-month tenancy nor a renewal or extension of the Lease Term. In the event of a month-to-month tenancy or tenancy-at-will under this Paragraph, Lessee’s Base Rent will be two hundred percent (200%) of the Base Rent payable during the last month of the Lease Term, any other sums due under this Lease will be payable in the amounts and at the times specified in this Lease, and all options, rights of refusal, expansions and/or renewals shall be null and void. Any tenancy under this Paragraph will be subject to every other term, condition and covenant contained in this Lease. Lessee agrees to defend, indemnify and hold Lessor harmless from any claim or cause of action arising out of related to the failure of Lessee to surrender possession of the Premises to Lessor upon the expiration of this Lease or upon any such termination. Notwithstanding the foregoing, Lessee has the one-time right to holdover for a period of one hundred eighty (180) days following the scheduled expiration of the Lease Term (hereinafter, an “unauthorized holdover”), Tenant shall be deemed to be but not after any termination of the Lease or Lessee’s right of possession for any reason) at a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum Base Rent of (A) five one hundred ten percent (5110%) of the stated monthly final scheduled Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month)hereunder; provided, (Bi) six percent Lessee must exercise this right by written notice given at least ninety (6%90) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of days prior to such holdover (or 180% of such monthly Base Rent for the entire second month)scheduled Expiration Date, (Cii) seven percent (7%) of giving such notice obligates Lessee to the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent eighty (100%180) of day period, (iii) the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant notice shall not be entitled to valid if given after a Default, after a termination of this Lease or Lessee’s right of possession for any notice to quitreason or cause, or after the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day giving of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovean Expiration Notice.

Holdover. If Tenant shall, without the written consent of Landlord, hold over after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”)Term, Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writingtenancy (whether or not consented to by Landlord), Tenant agrees to pay to Landlord a per diem Landlord, an occupancy charge equal to to, (a) for the sum first (1st) month of (A) five such holdover, one hundred fifty percent (5150%) of the stated monthly Base Rent and Additional Rent as was in effect under the Lease for the last full month of the Lease Term then ending for each Term, and (b) commencing on the first day of the first second (2nd) month of such holdover (or 150% period and continuing for the duration of such monthly Base Rent for the entire first month)holdover, (B) six two hundred percent (6200%) of the stated monthly Base Rent and Additional Rent as was in effect under this Lease for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Term. Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per monthmonth (in advance). In the case of a holdover which has been consented to by Landlord, unless otherwise agreed to in writing by Landlord and Tenant, Tenant shall give to Landlord thirty (30) days prior written notice of any intention to quit the Premises, and Tenant shall be deemed entitled to be a month thirty (30) days prior written notice to month tenant upon all of quit the terms and provisions of this LeasePremises, except in the monthly event of non-payment of Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdoveror Additional Rent in advance or the breach of any other covenant or the existence of a Default. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is If the Premises are not surrendered in addition toaccordance with the terms of this Lease, Tenant shall indemnify Landlord and its agents, employees, independent contractors, officers, directors, partners, and not in lieu ofshareholders against any loss or liability including reasonable attorneys’ fees and costs, any other claims for damages which Landlord may have or assert against and including liability to succeeding tenants, resulting from delay by Tenant in connection with any unauthorized holdover, including any claims arising out so surrendering the Premises. This indemnification shall survive termination of Tenant’s indemnity under Section 26, abovethis Lease.

Holdover. If Tenant shall, without shall hold possession of the written consent of Landlord, hold over demised premises after the expiration of the term of this Lease Term (hereinafteror the prior termination of this Lease, an “unauthorized holdover”)and the Lease is not renewed or a new lease is not entered into between the parties, the parties hereby agree that Tenant's occupancy of the demised premises after the expiration of the term or prior termination of this Lease shall be deemed that of a trespasser commencing on the first day after the expiration of the term or prior termination of this Lease. Notwithstanding the fact that Tenant shall be deemed to be a tenant at sufferancetrespasser, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writingafter the expiration of the term or prior termination of this Lease, Tenant agrees shall continue to be fully responsible for the faithful performance by Tenant of all of the terms set forth in this Lease, except Tenant shall pay to Landlord a per diem on the first day of each month after the expiration or sooner termination of this Lease for use and occupancy charge of the demised premises an amount equal to the higher of (i) an amount equal to three times the sum of (Aa) five percent (5%) the monthly installment of basic annual rent payable by Tenant during the last year of the stated original term of this Lease (i.e., the year immediately prior to the holdover period) plus (b) all monthly Base Rent for installments of additional rent payable by Tenant pursuant to the last full month terms of this Lease that would have been billable monthly by Landlord had the term of the Lease Term not expired; or (ii) an amount equal to the then ending for each day market rental value of the first month demised premises as shall be established by Landlord giving notice to Tenant of Landlord's good faith estimate of such market rental value. Tenant shall occupy the demised premises during the holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) period in its "as is" condition as of the stated monthly Base Rent for the last full month expiration of the term or prior termination of this Lease Term then ending for each day and Landlord shall not be required to perform any work, furnish any materials or make any repairs within the demised premises during the holdover period. Nothing contained in this Lease shall be construed as a consent by Landlord to the possession by Tenant of the second month of such holdover (or 180% of such monthly Base Rent for demised premises beyond the entire second month), (C) seven percent (7%) expiration of the stated monthly Base Rent for that last full month term or prior termination of this Lease, and Landlord, upon said expiration of the term or prior termination of this Lease Term then ending for each day shall be entitled to the benefits of such holdover after all legal remedies that may now be in force or may hereafter be enacted relating to immediate repossession of the first two demised premises by Landlord and in addition Landlord shall be entitled to recover any and all damages, direct and/or consequential, sustained by Landlord (2) months thereof (including but not limited to exceed 200% special damages) as a result of such monthly Base Rent for each such full month)Tenant's holdover, which recovery of damages shall be distinguished from and (D) one hundred percent (100%) of the additional rent which would have been payable not be offset by any payment made by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month use and occupancy of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovedemised premises.

Holdover. If vacant and exclusive possession of the Premises is not surrendered to Landlord on the Expiration Date, then Tenant shallshall pay to Landlord on account of use and occupancy of the Premises, for each month (or any portion thereof) during which Tenant (or a Person claiming by, through or under Tenant) holds over in the Premises after the Expiration Date, an amount equal to one hundred fifty percent (150%) of the aggregate Rental that was payable under this Lease during the last month of the Term, except that Tenant shall pay an amount equal to two hundred percent (200%) of the aggregate Rental that was payable under this Lease during the last month of the Term for the period commencing on the sixty-first (61st) day of such holdover period. Landlord's right to collect such amount from Tenant for use and occupancy shall be in addition to any other rights or remedies that Landlord may have hereunder or at law or in equity (including, without limitation, Landlord's right to recover Landlord's damages from Tenant that derive from vacant and exclusive possession of the written consent of LandlordPremises not being surrendered to Landlord on the Expiration Date); provided, hold over however, that Landlord shall not have the right to recover such damages unless Tenant's holdover extends for more than sixty (60) days after the expiration Expiration Date. Nothing contained in this Section 27.2 shall permit Tenant to retain possession of the Lease Term (hereinafterPremises after the Expiration Date or limit in any manner Landlord's right to regain possession of the Premises, an “unauthorized holdover”), through summary proceedings or otherwise. Landlord's acceptance of any payments from Tenant after the Expiration Date shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) on account of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not amount to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable be paid by Tenant for in accordance with the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, aboveArticle 27.

Holdover. If 34.01. (a) In the event this Lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant shall, without the written consent of Landlord, shall then hold over after the expiration of the Lease Term term of this Lease, and if Landlord shall then not proceed to remove Tenant from the Premises in the manner permitted by law (hereinafteror shall not have given written notice to Tenant that Tenant must vacate the Premises) irrespective of whether or not Landlord accepts rent from Tenant for a period beyond the Expiration Date, an “unauthorized holdover”), Tenant the parties hereby agree that Tenant's occupancy of the Premises after the expiration of the term shall be deemed to be under a tenant at sufferancemonth-to-month tenancy commencing on the first day after the expiration of the term, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms set forth in this Lease except Tenant shall pay on the first day of each month of the holdover period as Fixed Rent, an amount equal to the higher of (i) an amount equal to the Holdover Percentage [as such term is defined in this Section 34.01(a)] of one-twelfth of the Fixed Rent payable by Tenant during the last year of the term of this Lease (i.e., the year immediately prior to the holdover period) or (ii) an amount equal to the then market rental value for the Premises as shall be established by Landlord giving notice to Tenant of Landlord's good faith estimate of such market rental value. Tenant may dispute such market rental value for the Premises as estimated by Landlord by giving notice to Landlord within but in no event after twenty (20) days after the giving of Landlord's notice to Tenant (as to the giving of which notice to Landlord, time shall be deemed of the essence). Enclosed with such notice, Tenant shall be required to furnish to Landlord the written opinion of a reputable New York licensed real estate broker having leasing experience in the Borough of Manhattan, for a period of not less than ten (10) years setting forth said broker's good faith opinion of the market rental value of the Premises. If Tenant and provisions Landlord are unable to resolve any such dispute as to the market rental value for the Premises then an independent arbitrator who shall be a real estate broker of similar qualifications and shall be selected from a listing of not less than three (3) brokers furnished by the American Arbitration Association (or any successor thereto) to Tenant and Landlord (at the request of either Landlord or Tenant). If Landlord and Tenant are unable to agree upon the selection of the individual arbitrator from such listing; then the first arbitrator so listed by the American Arbitration Association (or any successor thereto) shall be conclusively presumed to have been selected by both Landlord and Tenant and the decision of such arbitrator shall be conclusive and binding upon the parties as to the market rental value for the Premises. Pending the determination of the market rental value of the Premises upon the expiration of the term of this Lease, except Tenant shall pay to Landlord as Fixed Rent an amount computed in accordance with clauses (i) or (ii) of this subsection 34.01(a) (as Landlord shall then elect), and upon determination of the monthly Base Rent market rental value of the Premises in accordance with the preceding provisions hereof appropriate adjustments and payments shall be effected. If as agreed by a result of such adjustments Landlord and is required to reimburse same to Tenant, Landlord shall reimburse Tenant for same with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.interest at 120

Holdover. If Should Tenant shall, without continue to occupy the written consent Demised Premises after expiration of Landlord, hold over after the term or any renewal thereof and provided Landlord has notified Tenant thirty (30) days prior to the expiration of the Lease Term (hereinafter, an “unauthorized holdover”)term or any renewal term that Landlord is negotiating or has executed a lease with a third party for the Demised Premises or any portion thereof, Tenant shall be deemed to be occupying the Demised Premises without claim or right and Tenant shall pay Landlord all costs arising out of loss or liability resulting from delay by Tenant in so surrendering the Demised Premises as above provided and shall pay a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or occupancy an amount equal to 150% of such monthly the Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term basis) then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per monthreserved hereunder. In the case event Landlord has failed to notify Tenant in writing within thirty (30) days prior to the expiration of the term or any renewal term that Landlord is negotiating or has executed a holdover which has been consented lease with a third party for the Demised Premises or any portion thereof, Tenant shall be entitled to by Landlordoccupy the Demised Premises for a period of sixty (60) days following expiration of the term or any renewal term on the same terms and conditions as such term or renewal term (including Base Rental and additional rental). Should Tenant continue to occupy the Demised Premises following such sixty (60) day period, Tenant shall be deemed to be a month to month tenant upon all of occupying the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, Demised Premises without claim or right and Tenant shall surrender pay Landlord as a full measure of all loss or liability resulting from delay by Tenant in so surrendering the Demised Premises on the last as above provided a charge for each day of occupancy an amount equal to 200% of the Lease Term as provided in Section 26, above. The foregoing described Base Rent and Additional Rent (on a per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovebasis) then reserved hereunder.

Holdover. If A. Tenant shallacknowledges that possession of the demised premises must be surrendered to Landlord at the expiration or sooner termination of the term of this lease. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the demised premises as aforesaid will be substantial, without will exceed the written consent amount of Landlordfixed minimum rent and additional rent theretofore payable hereunder, hold and will be impossible accurately to measure. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord upon the expiration or sooner termination of the term of this lease, then notwithstanding anything to the contrary contained in this lease, Tenant shall pay to Landlord for each month and for each portion or any month during which Tenant holds over in the demised premises after the expiration or sooner termination of the Lease Term (hereinafterterm of this lease, an “unauthorized holdover”)for use and occupancy, Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the aggregate sum of (Ai) five percent (5%) two times the amount of the stated monthly Base Rent installment of the fixed minimum rent that was payable under this lease for the last full month of the Lease Term then ending for each day term hereof, plus (ii) one-twelfth of the first month all items of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the annual additional rent which would have been payable by Tenant for the period monthly pursuant to this lease had its term not expired or been terminated, plus (iii) those items of such holdover, calculated on a per diem basis using the additional rent (not annual additional rent) which had otherwise would have been payable monthly pursuant to this lease had its term not expired or been terminated, which aggregate sum Tenant agrees to pay to Landlord upon demand, in full without setoff, and no extension or renewal of this lease shall be deemed to have occurred by Tenant such holding over, nor shall Landlord be precluded by accepting such aggregate sum for the last full month use and occupancy from exercising all rights and remedies available to it to obtain possession of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per monthdemised premises. In the case of a holdover which has been consented to by LandlordFurther, Tenant shall be deemed liable to be a month to month tenant upon Landlord for all of the terms losses and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have reasonably incur or assert against Tenant sustain by reason of such holding over, including, but not limited to, damages incurred or sustained by reason of Landlord's inability to timely place a new tenant in connection with any unauthorized holdover, including any claims arising out possession of Tenant’s indemnity under Section 26, abovethe demised premises.

Holdover. If 34.01 (a) In the event this Lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant shall, without the written consent of Landlord, shall then hold over after the expiration of the Lease Term term of this Lease, and if Landlord shall then not proceed to remove Tenant from the Premises in the manner permitted by law (hereinafteror shall not have given written notice to Tenant that Tenant must vacate the Premises) irrespective of whether or not Landlord accepts rent from Tenant for a period beyond the Expiration Date, an “unauthorized holdover”), Tenant the parties hereby agree that Tenant’s occupancy of the Premises after the expiration of the term shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms set forth in this Lease except Tenant shall pay on the first day of each month of the holdover period as Fixed Rent, an amount equal to (x) one hundred fifty percent (150%) of the monthly Fixed Rent and provisions Additional Charges payable by Tenant during the last month of the term of this LeaseLease for the first thirty (30) days of such hold over (pro rated on a per diem basis), except and (y) two hundred percent (200%) of the monthly Base Fixed Rent shall be as agreed and Additional Charges payable by Landlord and Tenant with respect to during the last month of the term of this Lease for each month or portion of a month (without daily proration) during the remainder of such consented holdover. Upon Further, Landlord shall not be required to perform any work, furnish any materials or make any repairs within the Premises during the holdover period. It is further stipulated and agreed that if Landlord shall, at any time after the expiration of the Lease Term original term or after the expiration of any term created thereafter, proceed to remove Tenant from the Premises as provided hereina holdover, Tenant the Fixed Rent for the use and occupancy of the Premises during any holdover period shall not be calculated in the same manner as set forth above. In addition to the foregoing, Landlord shall be entitled to recover from Tenant any notice to quit, the usual notice to quit being hereby expressly waived under losses or damages arising from such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term holdover as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above34.01(c) hereof.

Holdover. Paragraph 26 of the Lease is hereby deleted and inserted in lieu thereof is the following: "If the Tenant shall, without with the knowledge and written consent of the Landlord, hold over continue to remain in the Demised Premises after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”), Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions term of this Lease, except then and in that event, Tenant shall, by virtue of this agreement become a tenant by the month at the monthly Base Rent rental payable in the last month of the immediately preceding expired term hereof, commencing said monthly tenancy with the first day next after the end of the term above demised; and said Tenant shall give to the Landlord at least thirty (30) days' written notice of any intention to quit the Demised Premises, and Tenant shall be as agreed by Landlord and Tenant with respect entitled to such consented holdover. Upon expiration thirty (30) days' written notice to quit the Demised Premises, except in the event of nonpayment of rent in advance or of the Lease Term as provided hereinbreach of any other covenant by the said Tenant which nonpayment or other breach continues beyond any applicable grace or cure periods therefor, in which event the said Tenant shall not be entitled to any notice to quit, the usual statutory thirty (30) days' notice and all other notices to quit being hereby expressly waived under such circumstanceswaived; provided, however, that in the event that the Tenant shall hold over after the expiration of the term hereby created, and if the Landlord shall desire to regain possession of the Demised Premises promptly at the expiration of the term aforesaid, then at any time prior to Landlord's acceptance of rent from the Tenant as a monthly tenant hereunder, the Landlord, at Landlord's option, may exercise any and all remedies available to Landlord hereunder and under any applicable laws to recover possession of the Premises. If Tenant holds over after the expiration of the Term without Landlord's consent for a period not greater than one (1) month, then Tenant shall surrender pay monthly rent during such one (1) month holdover period in the Premises on amount of the monthly rental that was payable during the last month of the Term. Notwithstanding the foregoing, in the event Tenant shall wrongfully holdover subsequent to the expiration of the term of this Lease for a period in excess of one (1) month, Landlord shall in lieu of rent be entitled to demand and receive from Tenant monthly use and occupancy payments for each of the first two (2) months in which Tenant shall wrongfully holdover subsequent to the first month following the expiration of the term of this Lease, in an amount equal to one hundred fifty percent (150%) the monthly rental payable in the last month of the immediately preceding expired Term of this Lease, together with all Additional Rent to which Landlord would have been entitled had the Term of this Lease been extended to include the holdover period and for each month subsequent to such two (2) month period, an amount equal to twice the monthly rental payable in the last month of the expired Term of the Lease, together with all Additional Rent to which Landlord would have been entitled had the Term of this1 Lease been extended to include the holdover renewal. Each such use and occupancy payment shall be due on or before the first day of the Lease Term as provided each calendar month in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.shall wrongfully holdover hereunder subsequent

Holdover. If Tenant shall, without with Landlord’s consent remains in possession of the written consent of Landlord, hold over Premises after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”), Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately or after the date in any notice given by Landlord as provided to Tenant terminating this Lease pursuant to ¶17. or ¶18., such possession by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all of the terms and provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per-month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the monthly Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this ¶27 are in addition to and do not affect Landlord’s right of reentry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease Term as provided hereindespite demand to do so by Landlord, Tenant shall not indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this ¶27 shall be entitled construed as implied consent by Landlord to any notice holding over by Tenant. Landlord expressly reserves the right to quit, the usual notice require Tenant to quit being hereby expressly waived under such circumstances, and Tenant shall surrender possession of the Premises on the last day of the Lease Term to Landlord as provided in Section 26, abovethis Lease upon expiration or other termination of this lease. The foregoing described per diem occupancy charge is in addition to, and provisions of this ¶27 shall not in lieu be considered to limit or constitute a waiver of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.

Holdover. If 34.01. (a) In the event this Lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant shall, without the written consent of Landlord, shall then hold over after the expiration of the Lease Term term of this Lease, and if Landlord shall then not proceed to remove Tenant from the Premises in the manner permitted by law (hereinafteror shall not have given written notice to Tenant that Tenant must vacate the Premises) irrespective of whether or not Landlord accepts rent from Tenant for a period beyond the Expiration Date, an “unauthorized holdover”), Tenant the parties hereby agree that Tenant's occupancy of the Premises after the expiration of the term shall be deemed to be under a tenant at sufferancemonth-to-month tenancy commencing on the first day after the expiration of the term, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms set forth in this Lease except Tenant shall pay on the first day of each month of the holdover period as Fixed Rent, an amount equal to the higher of (i) an amount equal to one and provisions one-half times one-twelfth of the sum of: (a) the Fixed Rent and Additional Charges payable by Tenant during the last year of the term of this Lease (i.e., the year immediately prior to the holdover period) or (ii) an amount equal to the then market rental value for the Premises as shall be established by Landlord giving notice to Tenant of Landlord's good faith estimate of such market rental value. Tenant may dispute such market rental value for the Premises as estimated by Landlord by giving notice to Landlord within but in no event after twenty (20) days after the giving of Landlord's notice to Tenant (as to the giving of which notice to Landlord, time shall be deemed of the essence). Enclosed with such notice, Tenant shall be required to furnish to Landlord the written opinion of a reputable New York licensed real estate broker having leasing experience in the Borough of Manhattan, for a period of not less than ten (10) years setting forth said broker's good faith opinion of the market rental value of the Premises. If Tenant and Landlord are unable to resolve any such dispute as to the market rental value for the Premises then an independent arbitrator who shall be a real estate broker of similar qualifications and shall be selected from a listing of not less than three (3) brokers furnished by the American Arbitration Association (or any successor thereto) to Tenant and Landlord (at the request of either Landlord or Tenant). If Landlord and Tenant are unable to agree upon the selection of the individual arbitrator from such listing, then the first arbitrator so listed by the American Arbitration Association (or any successor thereto) shall be conclusively presumed to have been selected by both Landlord and Tenant and the decision of such arbitrator shall be conclusive and binding upon the parties as to the market rental value for the Premises. Pending the determination of the market rental value of the Premises upon the expiration of the term of this Lease, except Tenant shall pay to Landlord as Fixed Rent an amount computed in accordance with clauses (i) or (ii) of this subsection 34.01(a) (as Landlord shall then elect), and upon determination of the monthly Base Rent market rental value of the Premises in accordance with the preceding provisions hereof appropriate adjustments and payments shall be as effected. Further, Landlord shall not be required to perform any work, furnish any materials or make any repairs within the Premises during the holdover period. It is further stipulated and agreed by that if Landlord and Tenant with respect to such consented holdover. Upon shall, at any time after the expiration of the Lease Term original term or after the expiration of any term created thereafter, proceed to remove Tenant from the Premises as provided hereina holdover, Tenant the Fixed Rent for the use and occupancy of the Premises during any holdover period shall not be calculated in the same manner as set forth above. In addition to the 76 77 foregoing, Landlord shall be entitled to recover from Tenant any notice to quit, the usual notice to quit being hereby expressly waived under losses or damages arising from such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term holdover as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above34.01(c) hereof.

Holdover. Upon the expiration or termination of this Lease, Landlord shall have the right to immediately re-enter and take possession of the Leased Premises. If Landlord does not take possession of the Leased Premises and if Tenant shall, without shall remain in possession of the written consent of Landlord, hold over Leased Premises after the expiration or earlier termination of this Lease without the execution of a new lease or an amendment to this Lease Term (hereinafter, an “unauthorized holdover”)or other written agreement by and between Landlord and Tenant extending the Term, Tenant shall be deemed to be become a tenant at tenant-at-sufferance. For a period of sixty (60) days after the termination or expiration, which tenancy as the case may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writingbe, Tenant agrees to shall pay to Landlord a per diem occupancy charge equal to the sum of (A) five daily rent at one hundred fifty percent (5150%) of the stated monthly Base per day Rent for the last full month (as defined in Section 4.02) as of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Term or day that the Lease Term as provided in Section 26is terminated. During the sixty (60) day period, above. The foregoing described per diem occupancy charge is in addition toTenant shall be subject to all of the terms, conditions, provisions and obligations of this Lease, and not in lieu ofthe tenancy may be terminated by Landlord or Tenant at any time on seven (7) days’ prior notice. After the sixty (60) day period the Lease shall be terminable on one (1) day’s notice, any other and Tenant shall pay daily rent at double the per day Rent as of the last day of the Term or the day that the Lease is terminated, and shall be subject to all of the obligations of Tenant under this Lease. If Tenant holds over past the expiration or earlier termination of this Lease, Tenant shall indemnify Landlord (i) against all claims for damages which by any other tenant to whom Landlord may have leased all or assert against Tenant in connection with any unauthorized holdoverpart of the Leased Premises effective upon the termination or expiration of this Lease, and (ii) for all other losses, costs and expenses, including consequential damages and reasonable attorneys’ fees, sustained or incurred by reason of such holding over. Nothing contained herein shall be construed as a consent by Landlord to any claims arising out holding over by Tenant. The rights and obligations contained in this Section shall survive the expiration or other termination of Tenant’s indemnity under Section 26, abovethis Lease.

Holdover. If Tenant shall, without (or anyone claiming through Tenant) shall remain in occupancy of the written consent of Landlord, hold over Premises or any part thereof after the expiration or earlier termination of the Lease Term (hereinafterTerm, an “unauthorized holdover”)then, Tenant without limiting Landlord’s other rights and remedies, the person remaining in possession shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, and Tenant agrees to shall thereafter pay to Landlord monthly rent (pro-rated for such portion of any partial month as Tenant shall remain in possession) at a per diem occupancy charge rate equal to the sum of (A) five percent (5%) of the stated monthly Base Rent 125% for the last full month of the Lease Term then ending for each day of up to the first month thirty (30) days of such holdover (or and 150% of such monthly Base Rent for the entire first month), (B) six percent (6%any holdover period thereafter) of the stated monthly greater of (a) the Base Rent applicable to the Premises during the last monthly period immediately preceding such expiration or termination or (b) the fair market rent for the last full month of the Lease Term then ending for each day of the second month of such holdover Premises (or 180% of such monthly Base Rent for the entire second monthon a so-called “triple net” basis), in each case with all Additional Rent also payable as provided in this Lease. The foregoing provisions shall not serve as permission for Tenant or anyone claiming by, through, or under Tenant to holdover, nor serve to extend the Term (C) seven percent (7%) although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full monthPremises), and (D) one hundred percent (100%) Landlord shall have the right at any time after the expiration or earlier termination of this Lease to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession of the additional rent which would have been payable by Tenant for Premises as provided in this Lease upon the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month expiration or earlier termination of the Lease Term then ending Such payments shall be made Term. If, within sixty (in arrears) within five (560) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions expiration or earlier termination of this Lease, except Tenant fails to vacate and surrender the monthly Base Rent shall be Premises as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided hereinrequired under this Lease, Tenant shall not be entitled indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability directly and proximately arising from such failure, including, without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. If so requested by Tenant by written notice given to any notice Landlord within twelve (12) months prior to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Term (as it may have been extended), Landlord shall advise Tenant whether all or part of the Premises has been leased with respect to the period following such expiration date. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of this Lease Term shall operate or be construed as provided in Section 26, abovean extension or renewal of this Lease. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have provisions of this Section 14.8 shall survive the termination or assert against Tenant in connection with any unauthorized holdover, including any claims arising out earlier expiration of Tenant’s indemnity under Section 26, abovethis Lease.

Holdover. If Tenant shall, without the written consent of Landlord, hold over after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”), Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to To pay to Landlord a per diem occupancy charge equal to the sum of (A) five two hundred percent (5200%) of the stated monthly Base Rent Rent, plus the actual additional rent then applicable, for the last full each month or pro-rated portion thereof in which Tenant shall retain possession of the Lease Term then ending for each day Premises or any part thereof after the expiration or termination of this Lease, whether by lapse of time or otherwise, and also to pay all out of pocket damages directly and proximately sustained by Landlord on account thereof (such as eviction costs, architectural and engineering costs and reasonable legal fees, but excluding lost profits, loss of business, special, incidental, or consequential damages). Notwithstanding the foregoing, Landlord agrees that: (i) during the first month sixty (60) days of any such holdover (or 150% of such monthly Base Rent for the entire first month)holdover, (B) six only one hundred twenty five percent (6125%) of the stated monthly Base Rent for last due, plus the last full month actual additional rent then applicable, shall be due and payable; (ii) after the first sixty (60) days but before ninety (90) days of the Lease Term then ending for each day of the second month of any such holdover (or 180% of such monthly Base Rent for the entire second month)holdover, (C) seven only one hundred seventy-five percent (7175%) of the stated monthly Base Rent for that last full month Rent, plus the actual additional rent shall be due and payable; and (iii) if after ninety (90) days of any holdover following the expiration date of the Lease Term Term, Tenant appeals Landlord’s summary process proceedings to evict Tenant from the Premises, then ending for each day of such holdover after the first two (2) months thereof (but not rent shall increase to exceed 200% of such monthly Base Rent for each such full month), and (D) one three hundred percent (100300%) of the monthly Base Rent, plus the actual additional rent which would have been payable by Tenant for the period of such holdoverthen applicable, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made due and payable; provided however, the increase in holdover rent set forth in subsection (iii) shall not apply during any period that Tenant is appealing, in arrears) within five (5) days after Landlord’s demandgood faith, and in no event less often than once per monththe summary process proceedings brought by Landlord following an earlier termination of this Lease by Landlord then disputed by Tenant. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and The provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant Section 6.1.16 shall not be entitled to waive or diminish any notice to quit, the usual notice to quit being hereby expressly waived of Landlord’s rights under such circumstances, and Tenant shall surrender the Premises on the last day Article 9 of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovethis Lease.

Holdover. If Tenant shall, without fails to quit and vacate the written consent of Landlord, hold over after Demised Premises at the expiration of the Lease Initial Term (hereinafteror at the expiration of the final duly exercised Renewal Term hereof, an “unauthorized holdover”if any, as the case may be), and if Landlord accepts payment of rental from Tenant thereafter and thus indicates that Landlord does not require the Tenant’s immediate surrender of possession of the Demised Premises at such expiration date, then in such event any such holding over of possession of the Demised Premises by Tenant shall be deemed to be create only a tenant at sufferancetenancy from month-to-month, which tenancy may be terminated beginning for same on the day immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to following the sum of (A) five percent (5%) expiration of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of expired term hereof, such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed tenancy to be a month to month tenant upon all of the terms terms, covenants and provisions of conditions contained in this Lease, except that either party by giving to the other at least ninety (90) days prior written notice may terminate such monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, holdover tenancy (except that Tenant shall not be entitled to such notice of termination, and hereby waives same, in the event that Tenant is in an Event of Default under this Lease in any notice respect beyond any applicable grace periods). Notwithstanding the foregoing provisions of this paragraph, if Landlord desires possession of the Demised Premises at the end of me Term hereof, then Landlord may so notify Tenant at any time prior to quitaccepting monthly holdover rent, in which event Tenant covenants and agrees to surrender to Landlord possession of the usual notice Demised Premises at the end of the term hereof free of subleases and occupants, and if Tenant fails to do so it shall be deemed an Event of Default under this Lease and Tenant shall be liable to Landlord for all reasonable, actual losses, costs, damages and expenses Landlord incurs from Tenant’s failure to vacate the Demised Premises as prescribed above. If the provisions of the preceding sentence become applicable, Tenant shall pay Landlord use and occupancy payments for each month or portion thereof Tenant wrongfully holds over possession of the Demised Premises in whole or part, in an amount equal to one hundred fifty percent (150%) of the Basic Monthly Rental payable in the last month of the term hereof (in addition to Landlord being entitled to exercise all available legal and equitable remedies). Landlord hereby notifies Tenant that Landlord desires and intends that Tenant remove from, quit being hereby expressly waived under such circumstancesand vacate the Demised Premises at the expiration of the term of this Lease, and Tenant shall surrender the Premises on the last day hereby agrees to do so and hereby irrevocably waives any and all rights to notice from Landlord of the Lease Term such intent as provided in Title 8, Section 268-402(b) of the Real Property Volume of the Annotated Code of Maryland, above. The foregoing described per diem occupancy charge is in addition toas amended, and not in lieu of, or under any other claims for damages which Landlord may have similar statute now or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovehereafter enacted.

Holdover. If Tenant shall, without the written consent of Landlord, hold over after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”)Term, Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancytenancy (whether or not consented to by Landlord), unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord Landlord, a per diem occupancy charge equal to the sum of (A) five one hundred fifty percent (5150%) of the stated monthly per diem Base Rent and Additional Rent as was in effect under this Lease for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Term. Such payments shall be made (in arrears) within five (5) business days after Landlord’s demand, and in no event less often than once per monthmonth (in advance). In the case of a holdover which has been consented to by Landlord, unless otherwise agreed to in writing by Landlord and Tenant, Tenant shall give to Landlord thirty (30) days prior written notice of any intention to quit the Premises, and Tenant shall be deemed entitled to be a month thirty (30) days prior written notice to month tenant upon all of quit the terms and provisions of this LeasePremises, except in the monthly event of non-payment of Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdoveror Additional Rent in advance or the breach of any other covenant or the existence of a Default. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.

Holdover. If Tenant shall, without retains possession of the written consent of Landlord, hold over Premises or any part thereof after thirty (30) days after the expiration termination of the Lease Term (hereinafteror any extension thereof, an “unauthorized holdover”)by lapse of time or otherwise, Tenant shall be deemed to be become a tenant at sufferance, which tenancy from month-to-month only upon each and all of the terms herein provided as may be terminated immediately by Landlord as provided by applicable state law. During to such month-to-month tenancy and any such holdover tenancyholding over shall not constitute an extension of this Lease; provided, unless Landlord has otherwise agreed in writinghowever, that during such holding over, Tenant agrees shall pay Base Rent, Operating Cost Share Rent and Tax Share Rent at double the rate payable for the fiscal year, or portion thereof, immediately preceding said holding over, computed on a monthly basis for the time Tenant thus remains in possession .and, in addition, Tenant shall pay Landlord all damages, consequential as well as direct, sustained by reason of Tenant's holding over. Alternatively, at the election of Landlord expressed in a written notice to Tenant and not otherwise, such retention of possession shall constitute a renewal of this Lease for one (1) year; provided, however, that Tenant shall pay to Landlord a per diem occupancy charge Base Rent in an amount equal to the sum greater of (A) five percent (5%) 150% of the stated monthly Base Rent rate payable for the last full month of the Lease Term then ending for each day of the first month of such holdover (immediately preceding fiscal year, or portion thereof or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to current market rate as determined by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender continue to make all other payments required under this Lease, including, without limitation, operating Cost Share Rent and Tax Share Rent. Neither the Premises on acceptance of rent by the last day Landlord after termination, nor the provisions of the Lease Term this section: (i) shall be construed as, or operate as, a renewal or as provided a waiver of Landlord's right of re-entry or right to regain possession by actions at law or in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, equity or by any other claims for damages which Landlord may have right or assert against Tenant in connection with remedy hereunder, or (ii) shall be construed as, or operate as, a waiver of any unauthorized holdover, including any claims arising out other right or remedy of Tenant’s indemnity under Section 26, aboveLandlord.

Holdover. If 37.01. (a) In the event this lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant shall, without the written consent of Landlord, shall then hold over after the expiration of the Lease Term term of this lease, and if Landlord shall then not proceed to remove Tenant from the Premises in the manner permitted by law (hereinafteror shall not have given written notice to Tenant that Tenant must vacate the Premises) irrespective of whether or not Landlord accepts rent from Tenant for a period beyond the Expiration Date, an “unauthorized holdover”), Tenant the parties hereby agree that Tenant's occupancy of the Premises after the expiration of the term shall be deemed to be under a tenant at sufferancemonth-to-month tenancy commencing on the first day after the expiration of the term, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms set forth in this Lease except for Article 3 and provisions except that Tenant shall pay on the first day of each month of the holdover period as Fixed Rent, an amount equal to the product obtained by multiplying (x) the greater of (i) one-twelfth of the sum of the Fixed Rent and Additional Charges under Article 3 payable by Tenant during the last year of the term of this Leaselease (i.e., except the monthly Base Rent year immediately prior to the holdover period) or (ii) an amount equal to the then market rental value for the Premises, taking into account all relevant factors, by (y) one hundred twenty-five (125%) percent for the first three months of such month-to-month tenancy, one hundred fifty (150%) percent for the next three months of such month-to-month tenancy, and two hundred (200%) percent thereafter. Tenant may dispute such market rental value for the Premises as estimated by Landlord by giving notice to Landlord within but in no event after thirty (30) days after the giving of Landlord's notice to Tenant (as to the giving of which notice to Landlord, time shall be deemed of the essence). Enclosed with such notice, Tenant shall be required to furnish to Landlord a certified opinion of a reputable New York licensed real estate broker having leasing experience in the Borough of Manhattan, for a period of not less than ten (10) years setting forth said broker's good faith opinion of the market rental value of the Premises. If Tenant and Landlord are unable to resolve any such dispute as agreed to the market rental value for the Premises then an independent arbitrator who shall be a real estate broker of similar qualifications and shall be selected from a listing of not less than three (3) brokers furnished by the Manhattan office of the American Arbitration Association to Tenant and Landlord (at the request of either Landlord or Tenant). If Landlord and Tenant with respect are unable to agree upon the selection of the individual arbitrator from such consented holdoverlisting, then the first arbitrator so listed by the Manhattan office of the American Arbitration Association shall be conclusively presumed to have been selected by both Landlord and Tenant and the decision of such arbitrator shall be conclusive and binding upon the parties as to the market rental value for the Premises. Upon Pending the determination of the market rental value of the Premises upon the expiration of the Lease Term as provided hereinterm of this lease, Tenant shall pay to Landlord as Fixed Rent an amount computed in accordance with clause (i) or (ii) of this Section 37.01(a)1. (as Landlord shall then elect), and upon determination of the market rental value of the Premises in accordance with the preceding provisions hereof appropriate adjustments and payments shall be effected. In the event that Landlord shall have elected to charge Tenant Fixed Rent in an amount computed in accordance with clause (ii) of this Section 37.01(a)1., then that portion of such Fixed Rent (herein called the "Holdover Stub Amount") that is the difference between (x) the Fixed Rent computed in accordance with clause (ii) of this Section 37.01(a)1. and (y) the greater of (1) the Fixed Rent computed in accordance with clause (i) of this Section 37.01(a)1. and (2) the Fixed Rent computed in accordance with the certified opinion of a reputable New York licensed real estate broker submitted by Tenant in accordance with the foregoing, shall be held in escrow by a reputable law firm designated by Landlord pending the determination of the market rental value of the Premises in accordance with the preceding provisions hereof, and any interest earned on such Holdover Stub Amount shall be added to and follow that portion of the Holdover Stub Amount that is paid to Landlord and/or Tenant in accordance with the decision of the arbitrator making such determination. Further, Landlord shall not be entitled required to perform any notice work, furnish any materials or make any repairs within the Premises during the holdover period. If Tenant shall hold-over or remain in possession of any portion of the Premises beyond the Expiration Date, Tenant shall be subject to quitholdover or summary eviction proceedings and, it is further stipulated and agreed that if Landlord shall, at any time after the expiration of the original term or after the expiration of any term created thereafter, proceed to remove Tenant from the Premises as a holdover, the usual notice to quit being hereby expressly waived under such circumstances, charge for use and Tenant shall surrender occupancy of the Premises on during any holdover period shall be calculated in the last day of the Lease Term same manner as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, set forth above.

Holdover. If 34.01. (a) In the event this lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant shall, without the written consent of Landlord, shall then hold over after the expiration of the Lease Term term of this lease, and if Landlord shall then not proceed to remove Tenant from the Premises in the manner permitted by law (hereinafteror shall not have given written notice to Tenant that Tenant must vacate the Premises) irrespective of whether or not Landlord accepts rent from Tenant for a period beyond the Expiration Date, an “unauthorized holdover”), Tenant the parties hereby agree that Tenant's occupancy of the Premises after the expiration of the term shall be deemed to be under a tenant at sufferancemonth-to-month tenancy commencing on the first day after the expiration of the term of this lease, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms set forth in this lease except Tenant shall pay on the first day of each month of the holdover period as Fixed Rent, an amount equal to the product obtained by multiplying (i) the greater of (A) one-twelfth of the sum of the Fixed Rent and provisions Additional Charges payable by Tenant during the last year of the term of this Leaselease (I.E., except the monthly Base Rent year immediately prior to the holdover period) or (B) an amount equal to the then market rental value for the Premises, taking into account all relevant factors, by (ii) one hundred fifty (150%) percent for the first two months of such month-to-month tenancy, one hundred seventy-five (175%) percent for the next two months of such month-to-month tenancy, and two hundred (200%) percent thereafter. Tenant may dispute such market rental value for the Premises as estimated by Landlord by giving notice to Landlord within, but in no event after, thirty (30) days after the giving of Landlord's notice to Tenant (as to the giving of which notice to Landlord, time shall be deemed of the essence). Enclosed with such notice, Tenant shall be required to furnish to Landlord the written opinion of a reputable New York licensed real estate broker having leasing experience in the Borough of Manhattan, for a period of not less than ten (10) years setting forth said broker's good faith opinion of the market rental value of the Premises. If Tenant and Landlord are unable to resolve any such dispute as agreed to the market rental value for the Premises then such dispute shall be resolved by an independent arbitrator who shall be a real estate broker of similar qualifications and shall be selected from a listing of not less than three (3) brokers furnished by the Manhattan office of the AAA (or any successor thereto) to Tenant and Landlord (at the request of either Landlord or Tenant). If Landlord and Tenant with respect are unable to agree upon the selection of the individual arbitrator from such consented holdoverlisting, then the first arbitrator so listed by the Manhattan office of the AAA (or any successor thereto) shall be conclusively presumed to have been selected by both Landlord and Tenant and the decision of such arbitrator shall be conclusive and binding upon the parties as to the market rental value for the Premises. Upon Pending the determination of the market rental value of the Premises upon the expiration of the Lease Term as provided hereinterm of this lease, Tenant shall pay to Landlord as Fixed Rent an amount computed in accordance with clause (A) or (B) of this Section 34.01(a) (as Landlord shall then elect), and upon determination of the market rental value of the Premises in accordance with the preceding provisions hereof appropriate adjustments and payments shall be effected. In the event that Landlord shall -140- have elected to charge Tenant Fixed Rent in an amount computed in accordance with clause (B) of this Section 34.01(a), then that portion of such Fixed Rent (herein called the "HOLDOVER STUB AMOUNT") that is the difference between (1) the Fixed Rent computed in accordance with clause (B) of this Section 34.01(a) and (2) the Fixed Rent computed in accordance with clause (A) of this Section 34.01(a), shall be held in escrow by a reputable law firm designated by Landlord pending the determination of the market rental value of the Premises in accordance with the preceding provisions hereof, and any interest earned on such Holdover Stub Amount shall be added to and follow that portion of the Holdover Stub Amount that is paid to Landlord and/or Tenant in accordance with the decision of the arbitrator making such determination. Further, Landlord shall not be entitled required to perform any notice work, furnish any materials or make any repairs within the Premises during the holdover period. It is further stipulated and agreed that if Landlord shall, at any time after the expiration of the original term of this lease or after the expiration of any term created thereafter, proceed to quitremove Tenant from the Premises as a holdover, the usual notice to quit being hereby expressly waived under such circumstances, Fixed Rent for the use and Tenant shall surrender occupancy of the Premises on during any holdover period shall be calculated in the last day of the Lease Term same manner as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, set forth above.

Holdover. If Tenant shall, without acknowledges that if Tenant fails to surrender the written consent of Landlord, hold over after Premises or any portion thereof at the expiration or earlier termination of the Term, then the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, may exceed the Base Rent and additional rent that would have been payable had the Term continued during such holdover period. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender the Premises or any portion thereof upon the expiration or earlier termination of the Term, then, unless Landlord and Tenant have executed an amendment to this Lease Term (hereinafter, an “unauthorized holdover”)specifically agreeing to such continued possession, Tenant shall automatically forfeit all rights to any security deposit then being held by Landlord pursuant to this Lease and the rent payable by Tenant hereunder shall be increased to be: (i) one hundred twenty five percent (125%) of the sum of Base Rent plus the additional rent and other sums that would have been payable pursuant to the provisions of this Lease if the Term had continued during such holdover period during the first thirty (30) days of any such holdover; plus (ii) one hundred sixty percent (160%) of the sum of Base Rent plus the additional rent and other sums that would have been payable pursuant to the provisions of this Lease if the Term had continued during such holdover period during the second thirty (30) days of any such holdover; plus (iii) two hundred percent (200%) of the sum of Base Rent plus the additional rent and other sums that would have been payable pursuant to the provisions of this Lease if the Term had continued during such holdover period during the third thirty (30) days of any such holdover. Such rent shall be computed by Landlord and paid by Tenant on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises have been vacated. Notwithstanding any other provision of this Lease, Landlord's acceptance of such rent shall not in any manner adversely affect Landlord's other rights and remedies, including, but not limited to, Landlord's right to evict Tenant. Any such holdover shall be deemed to be a tenant tenancy at sufferance, which sufferance and not a tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees at will or tenancy from month to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In no event shall any holdover be deemed a permitted extension or renewal of the case of a holdover which has been consented to by LandlordTerm, Tenant and nothing contained herein shall be deemed construed to be a month constitute Landlord's consent to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and any holdover or to give Tenant any right with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovethereto.

Holdover. If Tenant shall, without or any person claiming through Tenant shall retain possession of the written consent of Landlord, hold over Premises or any part thereof after the expiration or earlier termination of the Lease Term and if Landlord shall consent to such continuation of possession, such possession shall be (hereinafterunless the parties hereto shall otherwise have agreed in writing) deemed to be under a month-to-month tenancy which shall continue until either party shall notify the other in writing, an “unauthorized holdover”)at least 30 days prior to the end of any calendar month, that the party giving such notice elects to terminate such tenancy at the end of such calendar month, in which event such tenancy shall so terminate. Anything contained in the foregoing provisions of this paragraph to the contrary notwithstanding, with respect to each such monthly period and in addition to other rent and charges due under this Lease, Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge rent equal to the sum of (A) five percent (5%) 1/9 of the stated monthly per annum Base Rent for the last full month and 1/9 of the Lease Term then ending for each day of Tax Adjustment Amount, the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month)Expense Adjustment Amount, and Additional Services Charge (Dcalculated in accordance with the provisions of Paragraph 4 hereof) one hundred percent (100%) of the additional rent which would have been payable by had this Lease been renewed until the end of the calendar year which includes such month on the terms and conditions in effect immediately prior to the expiration or termination of the Term; and such month-to-month tenancy with Landlord's consent shall be upon the same terms and subject to the same conditions as those which are set forth in this Lease except as aforesaid. If Tenant or any person claiming through Tenant shall retain possession of the Premises or any part thereof, after the expiration or earlier termination of the term or of Tenant's right of possession, and if such retention shall be without Landlord's consent, Tenant shall pay Landlord (a) for each month or portion thereof during which such possession continues, an amount equal to the period rental to be paid for each month pursuant to the foregoing provisions of this Paragraph when such holdoverpossession is with Landlord's consent, calculated on a per diem basis using the additional rent plus all other sums which had otherwise would have been payable by Tenant for hereunder had the last full month term continued during such retention of the Lease Term then ending Such payments shall be made possession and (in arrearsb) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to all other damages sustained by Landlord, Tenant whether direct or consequential, by reason of such retention of possession. During any such retention of possession without Landlord's consent, all of Tenant's obligations with respect to the use, occupancy and maintenance of the Premises shall continue. The provisions of this Paragraph 16 shall not be deemed to be limit or constitute a month to month tenant upon all waiver of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which rights or remedies of Landlord may have provided herein or assert against Tenant at law or in connection with any unauthorized holdover, including any claims arising out equity and applicable to unlawful retention of Tenant’s indemnity under Section 26, abovepossession or otherwise.

Holdover. If 34.01. (a) In the event this lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant shall, without the written consent of Landlord, shall then hold over after the expiration of the Lease Term term of this lease (hereinafter, an “unauthorized holdover”it being agreed that Tenant shall not be deemed holding over by the mere fact that Tenant’s Property and/or Specialty Alterations remain in the Premises after the expiration of the term of this lease), Tenant the parties hereby agree that Tenant’s occupancy of the Premises after the expiration of the term shall be deemed to be under a tenant at sufferancemonth-to-month tenancy commencing on the first day after the expiration of the term of this lease, which tenancy may shall be terminated immediately by Landlord upon all of the terms set forth in this lease except Tenant shall pay on the first day of each month of the holdover period as provided by applicable state law. During any such holdover tenancyFixed Rent, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge an amount equal to the sum product obtained by multiplying (i) the greater of (A) five percent one-twelfth of the Fixed Rent payable by Tenant during the last year of the term of this lease (5i.e., the year immediately prior to the holdover period) or (B) an amount equal to the then market rental value for the Premises, taking into account all relevant factors, by (ii) one hundred ten (110%) of the stated monthly Base Rent percent for the last full month of the Lease Term then ending for each day of the first month of such holdover month-to-month tenancy, one hundred fifteen (or 150% 115%) percent for the next two months of such monthly Base Rent month-to-month tenancy, one hundred twenty-five (125%) percent for the entire first next three months of such month)-to-month tenancy, and one hundred fifty (B) six percent (6150%) of the stated monthly Base Rent percent thereafter. Tenant may dispute such market rental value for the last full month of the Lease Term then ending for each day of the second month of such holdover Premises as estimated by Landlord by giving notice to Landlord within, but in no event after, thirty (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (530) days after the giving of Landlord’s demandnotice to Tenant (as to the giving of which notice to Landlord, and in no event less often than once per monthtime shall be deemed of the essence). In the case of a holdover which has been consented to by LandlordEnclosed with such notice, Tenant shall be deemed required to furnish to Landlord the written opinion of a reputable New York licensed real estate broker having leasing experience in the Borough of Manhattan, for a period of not less than ten (10) years setting forth said broker’s good faith opinion of the market rental value of the Premises. If Tenant and Landlord are unable to resolve any such dispute as to the market rental value for the Premises then such dispute shall be resolved by an independent arbitrator who shall be a month to month tenant upon all real estate broker of similar qualifications and shall be selected from a listing of not less than three (3) brokers furnished by the Manhattan office of the terms American Arbitration Association (herein called the “AAA”) (or any successor thereto) to Tenant and provisions Landlord (at the request of this Lease, except the monthly Base Rent shall be as agreed by either Landlord or Tenant). If Landlord and Tenant with respect are unable to agree upon the selection of the individual arbitrator from such consented holdoverlisting, then the first arbitrator so listed by the Manhattan office of the AAA (or any successor thereto) shall be conclusively presumed to have been selected by both Landlord and Tenant and the decision of such arbitrator shall be conclusive and binding upon the parties as to the market rental value for the Premises. Upon Pending the determination of the market rental value of the Premises upon the expiration of the Lease Term as provided hereinterm of this lease, Tenant shall not pay to Landlord as Fixed Rent an amount computed in accordance with clause (A) or (B) of this Section 34.01(a) (as Landlord shall then elect), and upon determination of the market rental value of the Premises in accordance with the preceding provisions hereof appropriate adjustments and payments shall be entitled effected. In the event that Landlord shall have elected to charge Tenant Fixed Rent in an amount computed in accordance with clause (B) of this Section 34.01(a), then that portion of such Fixed Rent (herein called the “Holdover Stub Amount”) that is the difference between (1) the Fixed Rent computed in accordance with clause (B) of this Section 34.01(a) and (2) the Fixed Rent computed in accordance with clause (A) of this Section 34.01(a), shall be held in escrow by a reputable law firm designated by Landlord pending the determination of the market rental value of the Premises in accordance with the preceding provisions hereof, and any notice interest earned on such Holdover Stub Amount shall be added to quitand follow that portion of the Holdover Stub Amount that is paid to Landlord and/or Tenant in accordance with the decision of the arbitrator making such determination. It is further stipulated and agreed that if Landlord shall, at any time after the expiration of the original term of this lease or after the expiration of any term created thereafter, proceed to remove Tenant from the Premises as a holdover, the usual notice to quit being hereby expressly waived under such circumstances, Fixed Rent for the use and Tenant shall surrender occupancy of the Premises on during any holdover period shall be calculated in the last day of the Lease Term same manner as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, set forth above.

Holdover. If Tenant shall, without fails to quit and vacate the written consent of Landlord, hold over after Demised Premises at the expiration of the Lease Initial Term (hereinafteror at the expiration of the final duly exercised Renewal Term hereof, an “unauthorized holdover”if any, as the case may be), and if Landlord accepts payment of rental from Tenant thereafter and thus indicates that Landlord does not require the Tenant’s immediate surrender of possession of the Demised Premises at such expiration date, then in such event any such holding over of possession of the Demised Premises by Tenant shall be deemed to be create only a tenant at sufferancetenancy from month-to-month, which tenancy may be terminated beginning for same on the day immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to following the sum of (A) five percent (5%) expiration of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of expired term hereof, such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed hold-over tenancy to be a month to month tenant upon all of the terms terms, covenants and provisions of conditions contained in this Lease, except that either party by giving to the other at least sixty (60) days prior written notice may terminate such monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, holdover tenancy (except that Tenant shall not be entitled to such notice of termination, and hereby waives same, in the event that Tenant is in an Event of Default under this Lease in any notice respect beyond any applicable grace periods). Notwithstanding the foregoing provisions of this paragraph, if Landlord desires possession of the Demised Premises at the end of the term hereof, then Landlord may so notify Tenant at any time prior to quitaccepting monthly holdover rent, in which event Tenant covenants and agrees to surrender to Landlord possession of the usual notice Demised Premises at the end of the term hereof free of subleases and occupants, and if Tenant fails to do so it shall be deemed an Event of Default under this Lease and Tenant shall be liable to Landlord for all reasonable, actual losses, costs, damages and expenses Landlord incurs from Tenant’s failure to vacate the Demised Premises as prescribed above. If the provisions of the preceding sentence become applicable, Tenant shall pay Landlord use and occupancy payments for each month or portion thereof Tenant wrongfully holds over possession of the Demised Premises in whole or part, in an amount equal to one hundred fifty percent (150%) of the Basic Monthly Rental payable in the last month of the term hereof (in addition to Landlord being entitled to exercise all available legal and equitable remedies). Landlord hereby notifies Tenant that Landlord desires and intends that Tenant remove from, quit being hereby expressly waived under such circumstancesand vacate the Demised Premises at the expiration of the term of this Lease, and Tenant shall surrender the Premises on the last day hereby agrees to do so and hereby irrevocably waives any and all rights to notice from Landlord of the Lease Term such intent as provided in Title 8, Section 268-402(b) of the Real Property Volume of the Annotated Code of Maryland, above. The foregoing described per diem occupancy charge is in addition toas amended, and not in lieu of, or under any other claims for damages which Landlord may have similar statute now or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovehereafter enacted.

Holdover. If Tenant shallacknowledges that possession of the Demised Premises must be surrendered to Landlord on the Expiration Date or the date of sooner termination of this lease. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Demised Premises will be extremely substantial, will exceed the amount of the monthly installments of the fixed rent and additional rent payable hereunder and will be impossible to accurately measure. Tenant agrees that if possession of the Demised Premises is not surrendered to Landlord on or before thirty (30) days after the Expiration Date (or sooner termination of this lease) in the condition required under this lease and otherwise in accordance with the terms hereof, in addition to any other rights or remedies Landlord may have hereunder or at law, and without the written consent of in any manner limiting Landlord's right to demonstrate and collect any damages suffered by Landlord, hold Tenant hereby indemnifies Landlord against liability arising from Tenant's failure to surrender the Demised Premises as provided herein, including any claims made by any succeeding tenant or prospective tenant founded upon delay in obtaining possession of the Demised Premises and Tenant shall pay to Landlord on account of use and occupancy of the Demised Premises for each month and for each portion of any month during which Tenant holds over in the Demised Premises after the expiration Expiration Date (or sooner termination of this lease) a sum equal to (a) during the first thirty (30) days of such holdover, one hundred fifty (150%) percent of the Lease Term fixed rent that was payable under this lease during the last month of the Term, plus all additional rent which was payable under this lease during the last month of the Term; and (hereinafterb) thereafter, an “unauthorized holdover”)two hundred (200%) percent of the fixed rent which was payable under this lease during the last month of the Term, plus all additional rent which was payable under this lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Demised Premises after the Expiration Date (or sooner termination of this lease) or to limit in any manner Landlord's right to regain possession of the Demised Premises through summary proceedings, or otherwise, and no acceptance by Landlord of payments from Tenant after the Expiration Date shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) other than on account of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not amount to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable be paid by Tenant for in accordance with the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, aboveSection. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out provisions of Tenant’s indemnity under Section 26, abovethis Article shall survive the Expiration Date.

Holdover. If Tenant shall, without vacant and exclusive possession of the written consent Sub-Subleased Premises is not surrendered to Sub-Sublandlord in accordance with the provisions of Landlord, hold over after this Sub Sublease on the expiration or earlier termination of this Sub-Sublease, Sub-Sublandlord shall be entitled to immediately reenter the Sub-Subleased Premises and dispossess Sub-Subtenant (and/or any person claiming by, through or under Sub-Subtenant). In the event of any such holding over, Sub-Subtenant shall pay as holdover rent or use and occupancy for each month (or portion thereof) of the Lease Term holdover tenancy an amount calculated in accordance with Article 20 of the Sublease (hereinafterit being acknowledged and agreed that for purposes of the foregoing, an the term “unauthorized holdover”Base Rent” shall mean the annual Fixed Rent hereunder), Tenant shall be deemed subject to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord all of the other terms of this Sub-Sublease insofar as provided by the same are applicable state law. During any to such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees . The acceptance of any such use and occupancy payment paid by Sub-Subtenant pursuant to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments this Section 19 shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per monthpreclude Sub-Sublandlord from commencing and prosecuting a holdover or summary eviction proceeding. In addition Sub-Subtenant shall indemnify and shall save Sub-Sublandlord harmless from and against all costs, claims, loss or liability resulting from the case failure of Sub Subtenant to surrender the Sub-Subleased Premises on the Expiration Date or sooner termination of the Sublease, including, without limitation, any amounts payable by Sub-Sublandlord pursuant to Article 20 of the Sublease or under any indemnity contained in the Sublease. Nothing contained in this Section 19 shall (i) imply any right of Sub-Subtenant to remain in the Sub Subleased Premises after the termination of this Sub-Sublease without the execution of a new lease, (ii) imply any obligation of Sub-Sublandlord to grant a new lease or (iii) be construed to limit any right or remedy that Sub-Sublandlord has against Sub-Subtenant as a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and or trespasser. The provisions of this Lease, except Section 19 shall survive the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration or earlier termination of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovethis Sub-Sublease.

Holdover. If Tenant shall, without In the written consent event Akamai fails to comply with the terms of Landlord, hold over this Agreement (other than the failure to vacate the Building 500 Premises in accordance with the provisions of Section 4(a) above) or repossesses (or attempts to repossess) the Building 600 Premises at any time after the expiration date hereof or the Building 500 Premises at any time after the Surrender Date, MIT shall have the right to retain any and all payments made by Akamai pursuant to this Agreement and also shall have any and all other rights and remedies available to MIT under the Leases to recover the Premises, at law and in equity, except to the extent inconsistent with the terms of this Agreement. In addition, Akamai and anyone claiming under Akamai remaining in possession of the Lease Term (hereinafterBuilding 600 Premises or any part thereof after the date hereof, an “unauthorized holdover”), Tenant or of the Building 500 Premises or any part thereof after the Building 500 Termination Date shall be deemed to be a tenant tenant-at-sufferance only, at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum daily rate of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base the Rent for and additional rent due under the entire respective Leases immediately prior to the respective termination dates (the "FINAL RENT RATE") during the first month), (B) six percent (6%) 200% of the stated monthly Base Final Rent for the last full month of the Lease Term then ending for each day of Rate during the second month of such holdover (or 180and 250% of such monthly Base the Final Rent for the entire second month)Rate thereafter; provided that, (C) seven percent (7%) notwithstanding any of the stated monthly Base Rent foregoing to the contrary, but subject to the following sentence, Akamai shall remain liable for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month)all damages, and (D) one hundred percent (100%) of the additional rent which would have been payable including without limitation all direct damages, incurred by Tenant for the period MIT as a result of such holdover. Notwithstanding the foregoing, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant Akamai shall not be entitled liable for consequential damages incurred by MIT based upon any holdover by Akamai after the Scheduled Surrender Date unless such holdover continues for ninety (90) or more says after the Scheduled Surrender Date. Nothing in this Section shall be construed to any notice to quit, the usual notice to quit being hereby expressly waived under permit such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, aboveholding over.

Holdover. If Tenant shall, without fails to surrender the written consent of Landlord, hold over after Premises at the expiration end of the Lease Term (hereinafterTerm, an “unauthorized holdover”), at Landlord’s option the Tenant shall be deemed to be become a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to -to-month tenant upon subject to all of the terms and provisions of this Leaseconditions hereof, except that Tenant shall on account of such tenancy pay in advance on the first day of each calendar month, without demand therefor, a monthly rental equal to the greater of (i) two hundred percent (200%) of the aggregate amount of Base Rent plus Rent Adjustments in effect immediately preceding the end of the Lease Term, or (ii) the fair market rental value of the Premises, prorated on a monthly basis; provided that, notwithstanding the foregoing, during the first (1st) ninety (90) days of any such monthly tenancy, Tenant shall pay a monthly rental equal to the greater of (i) one hundred fifty percent (150%) of the aggregate amount of Base Rent plus Rent Adjustments in effect immediately preceding the end of the Lease Term, or (ii) the fair market rental value of the Premises. Such tenancy may be as agreed terminated by either party upon thirty (30) days prior notice. During such tenancy Landlord and Tenant may with respect to such consented holdoverany default hereunder exercise all rights and remedies provided for herein. Upon expiration Notwithstanding the foregoing, any time prior to Landlord’s acceptance of rent from Tenant as a monthly tenant hereunder, Landlord, at its option, may forthwith re-enter and take possession of the Lease Term as provided hereinPremises by any means permitted by law, TENANT HEREBY WAIVING ANY NOTICE TO QUIT; provided, however, that (i) Tenant shall pay Landlord as damages (but not be entitled to any notice to quitas rent) the greater of the fair market value rent for the Premises or two (2) times (1.5 times, during the usual notice to quit being hereby expressly waived under first 90 days of such circumstancesholdover) the Base Rent plus all Additional Rent payable for the last month of the Term, for each month or portion thereof that Tenant remains in possession following the Expiration Date, and (ii) Tenant shall defend, indemnify and hold Landlord harmless from and against any and all claims, losses, liabilities or damages resulting from Tenant’s failure to surrender possession of the Premises on the last day of the Lease Term as provided in Section 26Expiration Date (including, above. The foregoing described per diem occupancy charge is in addition but not limited to, and not in lieu of, claims made by any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovesucceeding tenant).

Holdover. If 28.1 Except as provided in Section 28.2, below, if Tenant shall, without the written consent of Landlord, hold over after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”)Term, Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During Except as provided in Section 28.2, below, during any such holdover tenancytenancy (whether or not consented to by Landlord), unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord Landlord, a per diem occupancy charge equal to the sum of (A) five one hundred fifty percent (5150%) of the stated monthly Base per diem Rent (and one hundred ten percent [110%] of the additional rent) as was in effect under this Lease for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Term. Such payments shall be made (in arrears) within five (5) days after Landlord’s 's demand, and in no event less often than once per monthmonth (in arrears). In the case of a holdover which has been consented to by Landlord, unless otherwise agreed to in writing by Landlord and Tenant, Tenant shall give to Landlord thirty (30) days prior written notice of any intention to quit the Premises, and Tenant shall be deemed entitled to be a month thirty (30) days prior written notice to month tenant upon all of quit the terms and provisions of this LeasePremises, except in the monthly Base event of non-payment of Rent shall be as agreed by Landlord and Tenant with respect to such consented holdoveror additional rent in advance or the breach of any other covenant or the existence of a Default. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.

Holdover. 28.1 If Tenant shall, without the written consent of Landlord, hold over after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”)Term, Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancytenancy (whether or not consented to by Landlord), unless Landlord has otherwise agreed in writing, and in addition to any other legal or equitable claims or remedies then available to Landlord, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), three (B3) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month months of such holdover (or 180% of such monthly Base Rent for the entire second month)holdover, (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not and an amount equal to exceed 200% of such monthly Base Rent for each full month after the third (3rd) full month of such full month)holdover, and (D) plus in both cases, one hundred percent (100%) of the additional rent which would have been payable by Tenant for the entire period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending . Such payments shall be made within ten (in arrears) within five (510) days after Landlord’s 's demand, and in no event less often than once per monthmonth (in arrears). In the case of a holdover which has been consented to by Landlord, unless otherwise agreed to in writing by Landlord and Tenant, Tenant shall give to Landlord thirty (30) days prior written notice of any intention to quit the Premises, and Tenant shall be deemed entitled to be a month thirty (30) days prior written notice to month tenant upon all of quit the terms and provisions of this LeasePremises, except in the monthly Base event of non-payment of Rent shall be as agreed by Landlord and Tenant with respect to such consented holdoveror additional rent in advance or the breach of any other covenant or the existence of a default. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.

Holdover. If Section 15 of the Lease is hereby deleted and replaced by the following language: Tenant shall, without shall have no right to holdover possession of the written consent of Landlord, hold over Premises after the expiration or termination of this Lease without Landlord's prior written consent, which consent may be withheld in Landlord's sole and absolute discretion. If Tenant retains possession of any part of the Lease Term (hereinafter, an “unauthorized holdover”)Premises after the Term, Tenant shall be deemed to be become a month-to-month tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant Premises upon all of the terms and provisions of this LeaseLease as might be applicable to such month-to-month tenancy, except that Tenant shall pay Rent during months one and two at 125% the monthly Base Rent shall be as agreed by rate in effect immediately prior to such holdover, 150% during months three through five, and 200% thereafter. Notwithstanding anything to the contrary contained herein, in the event Landlord delivers notice ("Holdover Notice") to Tenant that it has executed a lease with a tenant for any portion of the Premises, and Tenant with respect is not able to fully vacate such consented area and the commencement date of such lease is delayed due to Tenant's holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled pay beginning with the first full month following such notice an entire month of Rent during the first full month or any portion thereof following the date of the Holdover Notice at 150% the rate in effect during the month prior to the Termination Date. In the event Tenant retains possession of any notice to quit, or part of the usual notice to quit being hereby expressly waived under such circumstances, and Premises after the first full month following the date of the Holdover Notice the Tenant shall surrender pay five (5) months of Rent at 200% the rate in effect during the last month of the Term of the Lease. In the event Tenant retains possession of any or part of the Premises on beyond six (6) months after the Termination Date, Tenant shall pay an entire month of Rent for each full or partial calendar month at 150% the rate in effect during the last day month of the Lease Term of the Lease. No acceptance of Rent or other payments by Landlord under these holdover provisions shall operate as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, a waiver of Landlord's right to regain possession or any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, aboveLandlord's remedies.

Holdover. If Tenant shallor Tenant's successors or assigns, without whoever is in possession, fails to vacate the written consent Premises or any portion thereof on or before the Expiration Date or other termination date of Landlordthis Lease, hold over after the expiration such continued use and occupancy of the Lease Term (hereinafterPremises or such portion thereof shall constitute a holdover under a month-to-month tenancy, an “unauthorized holdover”), in which event Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees obligated to pay Landlord in advance on the first day of each month with respect to Landlord all floors of the Premises which Tenant has not then completely vacated (1) for the first ninety (90) days after the Expiration Date or other termination date, a per diem occupancy charge monthly fixed rental equal to the sum of (A) five one hundred fifty percent (5150%) of the stated monthly Base aggregate of the Fixed Rent and the Additional Rent payable under Article 4 for the last full month of the Lease Term then ending for each day of the first month of such holdover term hereof and (or 150% of such 2) thereafter a monthly Base Rent for the entire first month), (B) six fixed rental equal to two hundred percent (6200%) of the stated monthly Base aggregate of the Fixed Rent and the Additional Rent payable under Article 4 for the last full month of the Lease Term then ending for each day term hereof. Tenant's liability under this Section 9.7 with respect to any floor of the second month Premises shall terminate upon Tenant's vacation of such holdover (or 180% of such monthly Base Rent for the entire second month)floor, (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but this sentence shall not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of release Tenant from any such liability under this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant Section 9.7 with respect to such consented holdover. Upon expiration floor of the Lease Term as provided herein, Tenant shall not be entitled Premises accrued prior to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, abovevacation. The foregoing described per diem occupancy charge is liability provided for in addition to, and not in lieu of, this Section 9.7 shall constitute Landlord's sole remedy on account of any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.holdover by Tenaxx,

Holdover. If Tenant shall, without shall have no right to holdover possession of the written consent of Landlord, hold over Premises after the expiration or termination of this Lease without Landlord's prior written consent, which consent may be withheld in Landlord's sole and absolute discretion. If Tenant retains possession of any part of the Lease Term (hereinafter, an “unauthorized holdover”)Premises after the end of the Term, Tenant shall be deemed to be become a month-to-month tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant Premises upon all of the terms of this Lease as might be applicable to such month-to-month tenancy, except that (i) with respect to any holdover of any portion of the Premises during the initial 30 days after the end of the Term, Tenant shall pay all of Base Rent and provisions Operating Cost Share Rent at 115% of the rate in effect immediately prior to such holdover, computed on a monthly basis for each full or partial month Tenant remains in possession, (ii) with respect to any holdover thereafter, Tenant shall pay all of Base Rent and Operating Cost Share Rent at 125% of the rate in effect immediately prior to such holdover, computed on a monthly basis for each full or partial month Tenant remains in possession, and (iii) notwithstanding the notice provision of O.C.G.A. Section 44-7-7, as the same may be now or hereafter amended, Tenant expressly agrees that any such tenancy may be terminated by ten (10) days prior written notice by Landlord to Tenant. If Tenant retains possession of any part of the Premises for more than 60 days after the end of the Term without Landlord express written consent given to Tenant at any time after the full execution of this Lease, except Tenant shall also pay Landlord all of Landlord's direct damages and consequential damages resulting from Tenant's holdover beyond the monthly Base end of the Term (and not just Landlord's direct damages and consequential damages resulting from Tenant's holdover for more than 60 days after the end of the Term). No acceptance of Rent shall be as agreed or other payments by Landlord and Tenant with respect under these holdover provisions shall operate as a waiver of Landlord's right to such consented holdoverregain possession or any other of Landlord's remedies. Upon expiration The inclusion of the Lease Term as provided herein, Tenant foregoing provisions shall not be entitled construed as Landlord's consent for Tenant to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovehold over.

Holdover. If Tenant shall, without retains possession of the written consent of Landlord, hold over Premises or any part thereof after the expiration termination of the Lease Term (hereinafteror any extension thereof, an “unauthorized holdover”)by lapse of time or otherwise without Landlord's prior written consent, which consent shall not be unreasonably withheld. Tenant shall be deemed to be become a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full from month-to-month of the Lease Term then ending for only upon each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms herein provided as may be applicable to such month-to-month tenancy and provisions any such holdover shall not constitute an extension of this Lease; provided, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to however, that during such consented holdover. Upon expiration of the Lease Term as provided hereinholding over, Tenant shall not be entitled to pay Base Rent, Operating Cost Share Rent, and Tax Share Rent at (a) one and one- half times the rate payable for the fiscal year, or portion thereof, immediately preceding said holding over, computed on a monthly basis for the time Tenant thus remains in possession for the first two months that Tenant holds over and (b) Tenant shall pay Base Rent, Operating Cost Share Rent and Tax Share Rent at double the rate payable for the fiscal year, or portion thereof, immediately preceding said holding over, computed on a monthly basis for the time Tenant thus remains in possession thereafter, and, in addition, Tenant shall pay Landlord all damages, consequential as well as direct, sustained by reason of Tenant's holding over. Alternatively, if Tenant retains possession of the Premises or any part thereof for more than 60 days after the termination of the Term or any extension thereof, by lapse of time or otherwise, at the election of Landlord expressed in a written notice to quitTenant and not otherwise, such retention of possession shall constitute a renewal of this Lease for one (1) year; provided, however, for the usual notice period commencing on the 61st day following the termination of the Term or any extension thereof, that Tenant shall pay Base Rent in an amount equal to quit being hereby expressly waived under such circumstancesthe greater of 150% of the rate payable for the immediately preceding fiscal year, or portion thereof or 125% of the then current market rate as determined by Landlord, and Tenant shall surrender continue to make all other payments required under this Lease, including, without limitation, Operating Cost Share Rent and Tax Share Rent. Neither the Premises on acceptance of Rent by the last day Landlord after termination, nor the provisions of the Lease Term this Section: (i) shall be construed as, or operate as, a renewal or as provided a waiver of Landlord's right of re-entry or right to regain possession by actions at law or in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, equity or by any other claims for damages which Landlord may have right or assert against Tenant in connection with remedy hereunder, or (ii) shall be construed as, or operate as, a waiver of any unauthorized holdover, including any claims arising out other right or remedy of Tenant’s indemnity under Section 26, aboveLandlord.

Holdover. If Tenant shall, without Sublessee fails to surrender the written consent of Landlord, hold over after Subleased Premises or any portion thereof at the expiration or earlier termination of the Lease Term, then it will be conclusively presumed that the value to Sublessee of remaining in possession, and the loss that will be suffered by Sublessor as a result thereof, far exceed the Rent and additional rent that would have been payable had the Term continued during such holdover period. Therefore, if Sublessee (hereinafteror anyone claiming through Sublessee) does not immediately surrender the Subleased Premises or any portion thereof upon the expiration or earlier termination of the Term, an “unauthorized holdover”)then the rent payable by Sublessee shall be increased to two (2) times then-applicable base rent for the Subleased Premises as set forth in the Prime Lease. Such rent shall be computed by Sublessor and paid by Sublessee on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Subleased Premises have been vacated. Notwithstanding any other provision of this Sublease, Tenant Sublessor’s acceptance of such rent shall not in any manner adversely affect Sublessor’s other rights and remedies, including [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Sublessor’s right to evict Sublessee and to recover all damages. Any such holdover shall be deemed to be a tenant tenancy at sufferance, which sufferance and not a tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees at will or tenancy from month to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In no event shall any holdover be deemed a permitted extension or renewal of the case of a holdover which has been consented to by LandlordTerm, Tenant and nothing contained herein shall be deemed construed to be a month constitute Sublessor’s consent to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant any holdover or to give Sublessee any right with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovethereto.

Holdover. If Tenant shall, without (or anyone claiming through Tenant) shall remain in occupancy of the written consent of Landlord, hold over Premises or any part thereof after the expiration or earlier termination of the Lease Term (hereinafter, an “unauthorized holdover”without a written agreement therefor executed and delivered by Landlord), Tenant then, without limiting Landlord’s other rights and remedies, the person remaining in possession shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, and Tenant agrees to shall thereafter pay to Landlord monthly rent (pro-rated for such portion of any partial month as Tenant shall remain in possession) at a per diem occupancy charge rate equal to the sum of (A) five percent (5%) of the stated monthly Base Rent 125% for the last full month of the Lease Term then ending for each day of up to the first month thirty (30) days of such holdover (or and 150% of such monthly Base Rent for the entire first month), (B) six percent (6%any holdover period thereafter) of the stated monthly greater of (a) the Base Rent applicable to the Premises during the last monthly period immediately preceding such expiration or termination or (b) the fair market rent for the last full month of the Lease Term then ending for each day of the second month of such holdover Premises (or 180% of such monthly Base Rent for the entire second monthon a so-called “triple net” basis), in each case with all Additional Rent also payable as provided in this Lease. The foregoing provisions shall not serve as permission for Tenant or anyone claiming by, through, or under Tenant to holdover, nor serve to extend the Term (C) seven percent (7%) although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full monthPremises), and (D) one hundred percent (100%) Landlord shall have the right at any time after the expiration or earlier termination of this Lease to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession of the additional rent which would have been payable by Tenant for Premises as provided in this Lease upon the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month expiration or earlier termination of the Lease Term then ending Such payments shall be made Term. If, within forty (in arrears) within five (545) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions expiration or earlier termination of this Lease, except Tenant fails to vacate and surrender the monthly Base Rent shall be Premises as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided hereinrequired under this Lease, Tenant shall not indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability arising from such failure, including, without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of this Lease shall operate or be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day construed as an extension or renewal of the Lease Term as provided in Section 26, abovethis Lease. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have provisions of this Section 14.8 shall survive the termination or assert against Tenant in connection with any unauthorized holdover, including any claims arising out earlier expiration of Tenant’s indemnity under Section 26, abovethis Lease.

Holdover. If Tenant shall, without with Landlord’s consent remains in possession of the written consent of Landlord, hold over Premises after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”), Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately or after the date in any notice given by Landlord as provided to Tenant terminating this Lease, such possession by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all of the terms and provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. In any such case of Holdover without the consent of Landlord, the monthly Base Rent shall be as agreed computed on a per month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this ¶27 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant with respect fails to such consented holdover. Upon surrender the Premises upon the expiration of the this Lease Term as provided hereindespite demand to do so by Landlord, Tenant shall not indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this ¶27 shall be entitled construed as implied consent by Landlord to any notice holding over by Tenant. Landlord expressly reserves the right to quit, the usual notice require Tenant to quit being hereby expressly waived under such circumstances, and Tenant shall surrender possession of the Premises on the last day of the Lease Term to Landlord as provided in Section 26, abovethis Lease upon expiration or other termination of this Lease. The foregoing described per diem occupancy charge is in addition to, and provisions of this ¶27 shall not in lieu of, be considered to limit or constitute a waiver of any other claims for damages which rights or remedies of Landlord may have provided in this Lease or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, aboveat law.

Holdover. If Tenant shall, without fails to quit and vacate the written consent of Landlord, hold over after Demised Premises at the expiration of the Lease Initial Term (hereinafteror at the expiration of the final duly exercised Renewal Term hereof, an “unauthorized holdover”if any, as the case may be), Landlord will not require the Tenant's immediate surrender of possession of the Demised Premises at such expiration date, but rather agrees that such holding over of possession of the Demised Premises by Tenant shall be deemed to be create only a tenant at sufferancetenancy from month-to-month, which tenancy may be terminated beginning for same on the day immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to following the sum of (A) five percent (5%) expiration of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of expired term hereof, such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed hold-over tenancy to be a month to month tenant upon all of the terms terms, covenants and provisions of conditions contained in this Lease, except that either party by giving to the other at least ninety (90) days prior written notice may terminate such monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, holdover tenancy (except that Tenant shall not be entitled to such notice of termination, and hereby waives same, in the event that Tenant is in an Event of Default under this Lease in any notice respect beyond any applicable grace periods). During such holdover period, Tenant shall pay Landlord use and occupancy payments, for each month or portion thereof Tenant holds over possession of the Demised Premises in whole or part, in an amount equal to quitONE HUNDRED FIFTY PERCENT (150%) of the Basic Monthly Rental payable in the last month of the term hereof, plus such additional items, amounts and sums as are required to be paid by Tenant pursuant to the usual notice terms of this Lease. Notwithstanding the foregoing provisions of this paragraph, if Landlord desires possession of the Demised Premises after the first ninety (90) days of the holdover period, then Landlord may so notify Tenant in writing at any time prior to accepting monthly holdover rent for periods of time after the first ninety (90) days of the holdover period, in which event Tenant covenants and agrees to surrender to Landlord possession of the Demised Premises free of subleases and occupants, and if Tenant fails to do so it shall be deemed an Event of Default under this Lease and Tenant shall be liable to Landlord for all reasonable, actual losses, costs, damages and expenses Landlord incurs from Tenant's failure to vacate the Demised Premises as prescribed above. If the provisions of the preceding sentence become applicable, Tenant shall pay Landlord use and occupancy payments for each month or portion thereof Tenant holds over possession of the Demised Premises in whole or part, in an amount equal to ONE HUNDRED FIFTY PERCENT (150%) of the Basic Monthly Rental payable in the last month of the term hereof (in addition to Landlord being entitled to exercise all available legal and equitable remedies). Landlord hereby notifies Tenant that Landlord desires and intends that Tenant remove from, quit being hereby expressly waived under such circumstancesand vacate the Demised Premises not later than ninety (90) days after the expiration of the term of this Lease, and Tenant shall surrender the Premises on the last day hereby agrees to do so and hereby irrevocably waives any and all rights to notice from Landlord of the Lease Term such intent as provided in Title 8, Section 268-402(b) of the Real Property Volume of the Annotated Code of Maryland, above. The foregoing described per diem occupancy charge is in addition toas amended, and not in lieu of, or under any other claims for damages which Landlord may have similar statute now or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovehereafter enacted.

Holdover. If Tenant shall, without the written consent of Landlord, hold over after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”)Term, Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancytenancy (whether or not consented to by Landlord), unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord Landlord, a per diem occupancy charge equal to the sum of (A) five one hundred one hundred fifty percent (5150%) of the stated monthly per diem Base Rent as was in effect under this Lease for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Term, plus all Additional Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending hereunder. Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per monthmonth (in advance). In the case of a holdover which has been consented to by Landlord, unless otherwise agreed to in writing by Landlord and Tenant, Tenant shall give to Landlord thirty (30) days prior written notice of any intention to quit the Premises, and Tenant shall be deemed entitled to be a month thirty (30) days prior written notice to month tenant upon all of quit the terms and provisions of this LeasePremises, except in the monthly event of non-payment of Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdoveror Additional Rent in advance or the breach of any other covenant or the existence of a Default. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.

Holdover. If Tenant shall, without with Landlord's consent remains in possession of the written consent of Landlord, hold over Premises after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”), Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately or after the date in any notice given by Landlord as provided to Tenant terminating this Lease, such possession by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all of the terms and provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the monthly Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P)27. are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease Term as provided hereindespite demand to do so by Landlord, Tenant shall not indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P)27. shall be entitled construed as implied consent by Landlord to any notice holding over by Tenant. Landlord expressly reserves the right to quit, the usual notice require Tenant to quit being hereby expressly waived under such circumstances, and Tenant shall surrender possession of the Premises on the last day of the Lease Term to Landlord as provided in Section 26, abovethis Lease upon expiration or other termination of this Lease. The foregoing described per diem occupancy charge is in addition to, and provisions of this (P)27. shall not in lieu of, be considered to limit or constitute a waiver of any other claims for damages which rights or remedies of Landlord may have provided in this Lease or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, aboveat law.

Holdover. (a) If Tenant shall, without or any person claiming through the written consent Tenant shall retain possession of Landlord, hold over the Premises or any part thereof after the expiration or earlier termination of the Lease Term (hereinafterand if Landlord shall have consented to such continuation of possession, an “unauthorized holdover”), Tenant such possession shall be (unless the parties hereto shall otherwise have agreed in writing) deemed to be under a tenant at sufferance, month-to-month tenancy which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed shall continue until either party shall notify the other in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal at least 30 days prior to the sum end of (A) five percent (5%) of any calendar month, that the stated monthly Base Rent for party giving such notice elects to terminate such tenancy at the last full month of the Lease Term then ending for each day of the first month end of such holdover (or calendar month, in which event such tenancy shall so terminate. Anything contained in the foregoing provisions of this paragraph to the contrary notwithstanding, the rental payable with respect to each such monthly period shall be 150% of such the monthly Base Rent for Rent, Tax Adjustment Amount and Expense Adjustment Amount (both calculated in accordance with the entire first month), (Bprovisions of Paragraph 4 hereof) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by had this Lease been extended at its then-current rates; and such month-to-month tenancy with Landlord's consent shall be upon the same terms and subject to the same conditions as those which are set forth in this Lease except as aforesaid. If Tenant or any person claiming through Tenant shall retain possession of the Premises or any part thereof, after the expiration or earlier termination of the term or of Tenant's right of possession, and if such retention shall be without Landlord's consent, Tenant shall pay Landlord (a) for each month or portion thereof during which such possession continues, an amount equal to the period rental to be paid for each month pursuant to the foregoing provisions of this Paragraph when such holdoverpossession is with Landlord's consent, calculated on a per diem basis using the additional rent plus all other sums which had otherwise would have been payable by Tenant for hereunder had the last full month term continued during such retention of the Lease Term then ending Such payments shall be made possession and (in arrearsb) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to all other damages sustained by Landlord, Tenant by reason of such retention of possession. During any such retention of possession without Landlord's consent, all of Tenant's obligations with respect to the use, occupancy and maintenance of the Premises shall continue. The provisions of this Paragraph shall not be deemed to be limit or constitute a month to month tenant upon all waiver of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which rights or remedies of Landlord may have provided herein or assert against Tenant at law or in connection with any unauthorized holdover, including any claims arising out equity and applicable to unlawful retention of Tenant’s indemnity under Section 26, abovepossession or otherwise.

Holdover. If Tenant shall, without shall hold possession of the written consent of Landlord, hold over Demised Premises after the expiration of the term of this Lease Term (hereinafteror the prior termination of this Lease, an “unauthorized holdover”)and the Lease is not renewed or a new Lease is not entered into between the parties, Tenant the parties hereby agree that Tenant's occupancy of the Demised Premises after the expiration of the term or prior termination of this Lease shall be deemed to under a month-to-month tenancy commencing on the first day after the expiration of the term or prior termination of this Lease and continuing until such tenancy shall be a tenant at sufferanceterminated by Owner or Tenant and such possession shall cease, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions set forth in this Lease except Tenant shall pay on the first day of each month of the holdover as basic monthly rent, an amount equal to the higher of (a) an amount equal to three times the sum of (1) the monthly installment of basic annual rent payable by Tenant during the last year of the original term of this LeaseLease (i.e., except the year immediately prior to the holdover period) and (2) all monthly Base Rent installments of additional rent payable by Tenant pursuant to the term of this Lease that would have been billable monthly by Owner had the term of the Lease not expired; or (b) an amount equal to the then market rental value for the Demised Premises as shall be established by Owner giving notice to Tenant of Owner's good faith estimate of such market rental value. Tenant shall occupy the Demised Premises during the holdover period in its "as agreed by Landlord and Tenant with respect to such consented holdover. Upon is" condition as of the expiration of the term or prior termination of this Lease Term as provided herein, Tenant and Owner shall not be entitled required to perform any notice to quitwork, furnish any materials or make any repairs within the usual notice to quit being hereby expressly waived under such circumstances, and Tenant Demised Promises during the holdover period. Nothing contained in this Lease shall surrender the Premises on the last day of the Lease Term be construed as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.a

Holdover. Tenant acknowledges that possession of the Demised Premises must be surrendered to Landlord at the expiration or sooner termination of the term of this lease. If Tenant shallfails to surrender the Demised Premises within thirty (30) days of the expiration or sooner termination of the term of this lease, Tenant agrees it shall indemnify and save Landlord harmless against all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorneys’ fees, incurred by Landlord resulting from delay by Tenant in so surrendering the Demised Premises, including, without limitation, penalties under any lease with a succeeding tenant and any claims made by any succeeding tenant founded on such delay. The parties recognize and agree that the written consent of Landlord, hold over after the expiration damage to Landlord resulting from any failure by Tenant to surrender possession of the Lease Term (hereinafterDemised Premises on a timely basis as aforesaid will be extremely substantial, an “unauthorized holdover”)will exceed the amount of fixed rent and additional rent theretofore payable hereunder and will be impossible of accurate measurement. Tenant, Tenant shall be deemed therefore, agrees that if possession of the Demised Premises is not surrendered to be a tenant at sufferanceLandlord on the date of expiration or sooner termination of the term of this lease, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, then Tenant agrees to pay to Landlord as liquidated damages for each month and for any portion of a per diem occupancy charge month during which Tenant holds over in the Demised Premises after expiration or termination of the term of this lease, a sum equal to the sum of (A) five percent (5%) 150% of the stated monthly Base Rent for average fixed rent and additional rent which was payable per month under this lease during the last full month 3 months of the Lease Term then ending term hereof for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed and 200% of such monthly Base Rent for each such full month), the average fixed rent and (D) one hundred percent (100%) of the additional rent which would have been was payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for month under this lease during the last full month 3 months of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, term hereof for each month and in no event less often than once per month. In the case for any portion of a holdover which has been consented month thereafter. Such liquidated damages shall not limit Tenant’s indemnification obligation with respect to claims made by Landlord, Tenant any succeeding tenant founded upon Tenant’s failure or refusal to surrender the Premises to Landlord at the expiration or sooner termination of the term of this lease. Nothing contained herein shall be deemed to be a month authorize Tenant to month tenant upon all remain in occupancy of the terms and provisions Demised Premises after the expiration or termination of the term of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovelease.

Holdover. If Tenant shallexpressly waives, without for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the written consent provisions of LandlordSection 2201 of the New York Civil Practice Law and Rules, hold over after the stay provisions of the Real Property Actions and Proceedings Law, and of any similar or successor law of same import then in force, in connection with any holdover proceedings which Landlord may institute to enforce the provisions of this Lease. Tenant acknowledges that the timely surrender by Tenant of the Premises upon the expiration of the term of this Lease Term (hereinafter, is an “unauthorized holdover”), Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay important inducement to Landlord a per diem occupancy charge equal to in entering into this Lease. If the sum of (A) five percent (5%) of Premises are not surrendered upon the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions termination of this Lease, except the monthly Base Rent shall be as agreed Tenant hereby indemnifies Landlord against liability, including, without limitation, all reasonable attorneys’ fees incurred by Landlord and related expenses, resulting from the delay by Tenant with respect to such consented holdover. Upon expiration of in so surrendering the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstancesPremises, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out made by any succeeding tenant or prospective tenant founded upon such delay. In the event Tenant remains in possession of the Premises after the termination of this Lease, without the execution of a new lease, then Tenant will pay Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Premises after the termination of the term of this Lease, a sum equal to one and one half (1.5) times the average Fixed Rental and the Additional Rental which was payable per month under this Lease during the last twelve (12) months of the term thereof. Nothing contained in this Article shall be construed to mean that Landlord has given permission for Tenant or anyone else who occupies the Premises to remain on in the Premises as a monthly tenant, or as a tenant from month to month, and Landlord may proceed to evict Tenant through a holdover or other lawful action or proceeding. Tenant’s indemnity obligations under Section 26, abovethis Article shall survive the termination of this Lease.

Holdover. If Tenant shall, without or any person claiming through Tenant shall retain possession of the written consent of Landlord, hold over Premises or any part thereof after the expiration or earlier termination of the Lease Term and if Landlord shall consent to such continuation of possession, such possession shall be (hereinafterunless the parties hereto shall otherwise have agreed in writing) deemed to be under a month-to-month tenancy which shall continue until either party shall notify the other in writing, an “unauthorized holdover”)at least 30 days prior to the end of any calendar month, that the party giving such notice elects to terminate such tenancy at the end of such calendar month, in which event such tenancy shall so terminate. Anything contained in the foregoing provisions of this paragraph to the contrary notwithstanding, with respect to each such monthly period and in addition to other rent and charges due under this Lease, Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge rent equal to the sum of (A) five percent (5%) 1/9 of the stated monthly per annum Base Rent for the last full month and 1/12 of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month)Expense and Tax Adjustment Amount, and Additional Services Charge (Dcalculated in accordance with the provisions of Paragraph 4 hereof) one hundred percent (100%) of the additional rent which would have been payable by had this Lease been renewed until the end of the calendar year which includes such month on the terms and conditions in effect immediately prior to the expiration or termination of the Term; and such month-to-month tenancy with Landlord's consent shall be upon the same terms and subject to the same conditions as those which are set forth in this Lease except as aforesaid. If Tenant or any person claiming through Tenant shall retain possession of the Premises or any part thereof, after the expiration or earlier termination of the term or of Tenant's right of possession, and if such retention shall be without Landlord's consent, Tenant shall pay Landlord (a) for each month or portion thereof during which such possession continues, an amount equal to the period rental to be paid for each month pursuant to the foregoing provisions of this Paragraph when such holdoverpossession is with Landlord's consent, calculated on a per diem basis using the additional rent plus all other sums which had otherwise would have been payable by Tenant for hereunder had the last full month term continued during such retention of the Lease Term then ending Such payments shall be made possession and (in arrearsb) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to all other damages sustained by Landlord, Tenant whether direct or consequential, by reason of such retention of possession. During any such retention of possession without Landlord's consent, all of Tenant's obligations with respect to the use, occupancy and maintenance of the Premises shall continue. The provisions of this Paragraph 16 shall not be deemed to be limit or constitute a month to month tenant upon all waiver of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which rights or remedies of Landlord may have provided herein or assert against Tenant at law or in connection with any unauthorized holdover, including any claims arising out equity and applicable to unlawful retention of Tenant’s indemnity under Section 26, abovepossession or otherwise.

Holdover. If Tenant shall, without the written consent of Landlord, hold over after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”)Term, Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancytenancy (whether or not consented to by Landlord), unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem Landlord, an occupancy charge equal to to, (i) for the sum first sixty (60) days of (A) such holdover tenancy one hundred twenty five percent (5125%) of the stated monthly Base Rent as was in effect under this Lease for the last full month of the Lease Term then ending for each day of the first month of such holdover Term, and thereafter (or 150% of such monthly Base Rent for the entire first month), (Bii) six one hundred fifty percent (6150%) of the stated monthly Base Rent as was in effect under this Lease for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Term. Such payments shall be made (in arrears) within five (5) days Business Days after receipt of Landlord’s written demand, and in no event less often than once per monthmonth (in advance). In the case of a holdover which has been consented to by Landlord, unless otherwise agreed to in writing by Landlord and Tenant, Tenant shall give to Landlord thirty (30) days prior written notice of any intention to quit the Premises, and Tenant shall be deemed entitled to be a month thirty (30) days prior written notice to month tenant upon all of quit the terms and provisions of this LeasePremises, except in the monthly event of non-payment of Base Rent shall be as agreed by Landlord or Additional Rent in advance or the existence of a Default that remains uncured beyond applicable notice and Tenant with respect to such consented holdovercure periods. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, Article 23 above. The foregoing described per diem occupancy charge is If the Premises are not surrendered in addition toaccordance with the terms of this Lease and a hold-over tenancy by Tenant continues beyond ninety (90) days following the expiration of the Term without Landlord’s express written consent, Tenant shall indemnify Landlord and Landlord Parties against any loss, damage or liability including reasonable attorneys’ fees and costs, and not in lieu ofincluding liability to succeeding tenants, any other claims for damages which Landlord may have or assert against resulting from delay by Tenant in connection with any unauthorized holdoverso surrendering the Premises, including any claims arising out whether such damages are general, special, direct, indirect or consequential in nature. This indemnification shall survive termination of Tenant’s indemnity under Section 26, abovethis Lease.

Holdover. If 23.01 The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant shallto timely surrender possession of the Premises in accordance with the terms of this Lease upon the expiration or other termination of the Term will be substantial, without will exceed the written consent amount of the monthly installments of Fixed Rent and Additional 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 upon the Expiration Date or sooner termination of the Term in the condition required hereunder, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, an amount equal to (A) for the first thirty (30) days of such holding over, one-twelfth of the sum of Fixed Rent and Additional Rent payable by Tenant during the last year of the Term of this Lease (i.e., the year immediately prior to the holdover period), (B) for the next thirty (30) days of such holding over, one and one-half (1.5) times one- twelfth of the sum of Fixed Rent and Additional Rent payable by Tenant during the last year of the Term of this Lease (i.e., the year immediately prior to the holdover period) and (C) thereafter, two times the higher of (i) one-twelfth of the sum of Fixed Rent and Additional Rent payable by Tenant during the last year of the Term of this Lease (i.e., the year immediately prior to the holdover period) and (ii) the then market rental value for the Premises as shall be established by Landlord giving notice to Tenant of Landlord’s good faith estimate of such market rental value, hold over plus all Additional Rent payable by Tenant during the last year of the Term of this Lease (i.e., the year immediately prior to the holdover period). Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the expiration 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 Lease Term (hereinafter, an “unauthorized holdover”), Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) other than on account of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not amount to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable be paid by Tenant for in accordance with the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this LeaseArticle 23. Tenant’s obligations under this Article 23 shall survive the Expiration Date. Tenant expressly waives, except for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration provisions of Section 2201 of the Lease Term as provided herein, Tenant shall not be entitled to New York Civil Practice Law and Rules and of any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day successor law of the Lease Term as provided like import then in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant force in connection with any unauthorized holdover, including any claims arising out holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of Tenant’s indemnity under Section 26, abovethis Article 23.

Holdover. If Tenant shall, without the written consent of Landlord, hold over after the expiration of the Lease Term (hereinafter, an “"unauthorized holdover”"), Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending ending. Such payments shall be made (in arrears) within five (5) days after Landlord’s 's demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s 's indemnity under Section 26, above.

Holdover. If Tenant shall, without the written consent of Landlord, hold over after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”)Term, Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancytenancy (whether or not consented to by Landlord), unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord Landlord, a per diem occupancy charge equal to the sum of (A) five one hundred one hundred fifty percent (5150%) of the stated monthly per diem Base Rent and Additional Rent as was in effect under this Lease for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Term. Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per monthmonth (in advance). In the case of a holdover which has been consented to by Landlord, unless otherwise agreed to in writing by Landlord and Tenant, Tenant shall give to Landlord thirty (30) days prior written notice of any intention to quit the Premises, and Tenant shall be deemed entitled to be a month thirty (30) days prior written notice to month tenant upon all of quit the terms and provisions of this LeasePremises, except in the monthly event of non-payment of Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdoveror Additional Rent in advance or the breach of any other covenant or the existence of a Default. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.

Holdover. If Tenant shall, without fails to quit and vacate the written consent of Landlord, hold over after Demised Premises at the expiration of the Lease Initial Term (hereinafteror at the expiration of the final duly exercised Renewal Term hereof, an “unauthorized holdover”if any, as the case may be), and if Landlord accepts payment of rental from Tenant thereafter and thus indicates that Landlord does not require the Tenant’s immediate surrender of possession of the Demised Premises at such expiration date, then in such event any such holding over of possession of the Demised Premises by Tenant shall be deemed to be create only a tenant at sufferancetenancy from month-to-month, which tenancy may be terminated beginning for same on the day immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to following the sum of (A) five percent (5%) expiration of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of expired term hereof, such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed hold-over tenancy to be a month to month tenant upon all of the terms terms, covenants and provisions of conditions contained in this Lease, except that either party by giving to the other at least ninety (90) days prior written notice may terminate such monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, holdover tenancy (except that Tenant shall not be entitled to such notice of termination, and hereby waives same, in the event that Tenant is in an Event of Default under this Lease in any notice respect beyond any applicable grace periods). Landlord and Tenant agree that any mutually agreed upon hold-over tenancy shall not be considered an Event of Default. Notwithstanding the foregoing provisions of this paragraph, if Landlord desires possession of the Demised Premises at the end of the term hereof, then Landlord may so notify Tenant at any time prior to quitaccepting monthly holdover rent, in which event Tenant covenants and agrees to surrender to Landlord possession of the usual notice Demised Premises at the end of the term hereof free of subleases and occupants, and if Tenant fails to do so it shall be deemed an Event of Default under this Lease and Tenant shall be liable to Landlord for all reasonable, actual losses, costs, damages and expenses Landlord incurs from Tenant’s failure to vacate the Demised Premises as prescribed above. If the provisions of the preceding sentence become applicable, Tenant shall pay Landlord use and occupancy payments for each month or portion thereof Tenant wrongfully holds over possession of the Demised Premises in whole or part, in an amount equal to one hundred fifty percent (150%) of the Basic Monthly Rental payable in the last month of the term hereof (in addition to Landlord being entitled to exercise all available legal and equitable remedies). Landlord hereby notifies Tenant that Landlord desires and intends that Tenant remove from, quit being hereby expressly waived under such circumstancesand vacate the Demised Premises at the expiration of the term of this Lease, and Tenant shall surrender the Premises on the last day hereby agrees to do so and hereby irrevocably waives any and all rights to notice from Landlord of the Lease Term such intent as provided in Title 8, Section 268-402(b) of the Real Property Volume of the Annotated Code of Maryland, above. The foregoing described per diem occupancy charge is in addition toas amended, and not in lieu of, or under any other claims for damages which Landlord may have similar statute now or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovehereafter enacted.

Holdover. If Tenant shallshall indemnify and hold Landlord harmless from and against all costs, claims, loss, or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. The parties recognize and agree that the written damage to Landlord resulting therefrom may be substantial, could exceed the amount of the Minimum Rent payable under this Lease, and could be impossible to measure accurately. Tenant therefore agrees that if Landlord suffers such damages due to Tenant's failure to deliver possession of the Leased Premises within twenty-four (24) hours after the date of the expiration or termination of the Term, then Tenant shall pay, for each month and for each portion of any month during which Tenant holds over in the Leased Premises after the expiration or termination of the Term, 1.5 times the aggregate of that portion of the Minimum Rent which was payable under this Lease during the last month of the Term; however, Tenant may with the consent of the Landlord, hold over holdover in the Leased Premises for a term not to exceed ninety (90) days at 1.035 times the aggregate of that portion of the Minimum Rent which was payable under this Lease during the last month of the Term. If, at the expiration of the ninety (90) day Landlord agreed holdover period, Tenant has not vacated the Leased Premises and delivered possession to Landlord, or executed a new lease with Landlord, Tenant shall pay 1.5 times the aggregate of that portion of the Minimum Rent which was payable under the Lease during the last month of the Term. Nothing contained in this Lease shall be deemed to permit Tenant to retain possession of the Leased Premises after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”), Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state lawTerm. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and The provisions of this Lease, except Section shall survive the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration or termination of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, aboveTerm.

Holdover. If Tenant shallexpressly waives, without for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the written consent provisions of LandlordSection 2201 of the New York Civil Practice Law and Rules, hold over after the stay provisions of the Real Property Actions and Proceedings Law, and of any similar or successor law of same import then in force, in connection with any holdover proceedings which Landlord may institute to enforce the provisions of this Lease. Tenant acknowledges that the timely surrender by Tenant of the Premises upon the expiration of the term of this Lease Term is an important inducement to Landlord in entering into this Lease. If the Premises are not surrendered within forty-five (hereinafter, an “unauthorized holdover”)45) days after the termination of this Lease, Tenant hereby indemnifies Landlord against liability, including, without limitation, all reasonable attorneys’ fees incurred by Landlord and related expenses, resulting from the delay by Tenant in so surrendering the Premises, and including any claims made by any succeeding tenant or prospective tenant founded upon such delay. In the event Tenant remains in possession of the Premises after the termination of this Lease, without the execution of a new lease, Tenant, at the option of Landlord, shall be deemed to be occupying the Premises as a tenant from month to month, at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge monthly rental equal to one-and-one-half (11⁄2) times the sum of (A) five percent (5%) of the stated monthly Base Rent for Fixed Rental payable during the last full month of the Lease Term then ending term for each day of the first month of such holdover sixty (or 150% of such monthly Base Rent for the entire first month), (B60) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover days after the first Expiration Date and two (2) months thereof (but not times such Fixed Rental thereafter, subject to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) all of the additional rent which would have been payable by other terms of this Lease insofar as the same are applicable to a month-to-month tenancy and Tenant for shall also pay the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for Additional Rental that was due hereunder during the last full month of the term. Tenant acknowledges that the monthly rental payable to Landlord during the period Tenant holds over past the term of this Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, is not a penalty and in no event less often than once per month. In constitutes the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all fair value of the terms and provisions Premises for the applicable holdover period. Tenant’s obligations under this Article shall survive the termination of this Lease, except the monthly Base Rent shall be . Except as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided hereinexpressly set forth in this Article 57, Tenant shall not be entitled liable to Landlord for any notice consequential damages incurred by Landlord as a result of Tenant holding over past the term of this Lease or for any other reason with respect to quit, this Lease. Nothing contained in this Article shall be construed to mean that Landlord has given permission for Tenant or anyone else who occupies the usual notice Premises to quit being hereby expressly waived under such circumstances, and remain on in the Premises as a monthly tenant. No holding-over by Tenant shall surrender operate to extend the Premises on the last day term of the this Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition or create any tenancy other than a month-to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above-month tenancy at will.

Holdover. If Tenant shallremains in the Premises after the termination or expiration of the Term, without such holding over shall be as a tenant at sufferance at a rent equal to (x) for the written consent first ninety (90) days after the termination or expiration of Landlordthe Term, hold over one and one-halftimes the Annual Fixed Rent due hereunder for the last month of the Term and (y) thereafter the greater of (i) one and one-half times the Annual Fixed Rent due hereunder for the last month of the Term and (ii) the fair market rent for the Premises, and otherwise subject to all the covenants and conditions (including obligations to pay Additional Rent under Section 2.6) of this Lease. Notwithstanding the foregoing, if Landlord desires to regain possession of the Premises after the termination or expiration hereof, Landlord may, at its option, re-enter and take possession of the Premises or any part thereof at any time thereafter or by any legal process in force in the state in which the Premises are located. If the Tenant renegotiates a new term with the Landlord of this Lease whether in the Premises or at another location in the Building within 120 days after the expiration of this Lease, all rents in excess of the Lease Term new rate, paid during the hold over period, will be applied as a credit to the new lease. Notwithstanding the establishment of any tenancy at sufferance following the expiration or earlier termination of the Term, if Tenant fails promptly to vacate the Premises upon the expiration or earlier termination of the Term, and such failure continues for thirty (hereinafter, an “unauthorized holdover”)30) days after notice from Landlord to Tenant to vacate the Premises, Tenant shall be deemed to be a tenant at sufferancesave Landlord harmless, which tenancy may be terminated immediately indemnify and defend Landlord against any claim, loss, cost or expense (including reasonable attorneys’ fees by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum counsel of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, choice and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims consequential damages) arising out of Tenant’s indemnity under Section 26, abovefailure promptly to vacate the Premises (or any portion thereof) prior to the expiration of such thirty (30) day period.

Holdover. If Tenant shallremains in possession of all or any part of the Premises after expiration of the Term, without such tenancy shall be from month-to-month only, and not a renewal hereof or an extension for any further term, and in such event, Base Rent due hereunder shall be payable in an amount equal to 150% of the monthly installment of Base Rent paid during the last month of the Term of this Lease. Either party may terminate the tenancy referred to in this Section 3.3 upon providing the other party thirty (30) days advance written consent notice of Landlordsuch party’s intent to terminate this Lease. In addition to any other liabilities to Landlord accruing therefrom, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that Landlord has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, then Tenant shall protect, defend, indemnify and hold over after Landlord harmless from all loss, damages (direct, indirect and consequential), costs (including reasonable attorneys’ fees) and liability resulting from such failure, including any claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom. No extension or renewal of this Lease shall be deemed to have occurred by any holding over. Notwithstanding the foregoing, in the event that Tenant provides Landlord with six (6) months prior written notice, Tenant shall have the right to holdover beyond the expiration of the Lease Term for a period of up to six (hereinafter, an 6) months without being in default (the “unauthorized holdoverNotice Holdover Right”). In the event that Tenant exercises the Notice Holdover Right, Tenant shall be deemed to be a tenant pay Base Rent during the holdover term at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) amount of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in and for the second three (3) months shall pay Base Rent at the rate of 125% of the Base Rent payable at the expiration of the Term. Any holdover beyond the Notice Holdover Right period shall be subject to the provisions of this Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above3.3.

Holdover. If Tenant shallEffective on the Effective Date, the Sublease shall be amended to add the following as an additional paragraph at the end of Section 2 of the Sublease: In the event Subtenant or any party claiming by, through or under Subtenant holds over in the Premises following the expiration or termination of this Sublease without the consent of Sublandlord, Sublandlord may exercise any and all remedies available to it at law or in equity to recover possession of the Premises, and to recover damages, including without limitation, all damages payable by Sublandlord to Prime Landlord or any other person by reason of such holdover. Subtenant acknowledges that the Premises constitute only a part of the premises covered by the Prime Lease and that the damages for which Subtenant will be responsible shall include, without limitation, the written consent entirety of Landlordall damages for which Sublandlord may be liable to Prime Landlord or others by reason of the failure of Sublandlord to surrender possession of the premises covered by the Prime Lease upon expiration or termination thereof as the result of Subtenant’s breach of this Sublease. Without limiting the damages recoverable under the foregoing sentence, hold over for any period that Subtenant or any party claiming by, through or under Subtenant remains in occupancy of all or any portion of the Premises after the expiration or termination of this Sublease, Subtenant must pay, as minimum damages and not as a penalty, rental as follows: (a) for the Lease Term first seven (hereinafter7) days of any holdover period which occurs after the expiration or sooner termination of this Sublease, an “unauthorized holdover”), Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge rate equal to the sum of (A) five two hundred percent (5200%) of the stated monthly Base Rent payable by Subtenant under this Sublease immediately prior to such expiration or sooner termination (and Subtenant shall continue to be obligated to pay any additional rent which accrues during any such holdover period); (b) for any period from and after the last full month of the Lease Term then ending for each eighth (8th) day of any holdover period which occurs after the first month expiration or sooner termination of such holdover (or 150% of such monthly Base Rent for the entire first month)this Sublease, (B) six a rate equal to three hundred percent (6300%) of the stated monthly Base Rent for payable by Subtenant under this Sublease immediately prior to the last full month expiration or sooner termination of the Lease Term then ending for each day of the second month of such holdover this Sublease (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not and Subtenant shall continue to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the be obligated to pay any additional rent which would have been payable by Tenant for the period of accrues during any such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, aboveperiod).

Holdover. If Tenant shall, without with Landlord’s consent remains in possession of the written consent of Landlord, hold over Premises after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”), Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately or after the date in any notice given by Landlord as provided to Tenant terminating this Lease, such possession by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all of the terms and provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per-month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the monthly Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this ¶27. are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease Term as provided hereindespite demand to do so by Landlord, Tenant shall not indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this ¶27. shall be entitled construed as implied consent by Landlord to any notice holding over by Tenant. Landlord expressly reserves the right to quit, the usual notice require Tenant to quit being hereby expressly waived under such circumstances, and Tenant shall surrender possession of the Premises on the last day of the Lease Term to Landlord as provided in Section 26, abovethis Lease upon expiration or other termination of this Lease. The foregoing described per diem occupancy charge is in addition to, and provisions of this ¶27. shall not in lieu of, be considered to limit or constitute a waiver of any other claims for damages which rights or remedies of Landlord may have provided in this Lease or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, aboveat law.

Holdover. (a) If Tenant shall, without the written consent of Landlord, shall hold over after the expiration or sooner termination of the Lease Term term of this Lease, and if Landlord shall then not proceed to remove Tenant from the Premises in the manner permitted by law (hereinafteror shall not have given written notice to Tenant that Tenant must vacate the Premises) irrespective of whether or not Landlord accepts rent from Tenant for a period beyond the Expiration Date, an “unauthorized holdover”), Tenant the parties hereby agree that Tenant’s occupancy of the Premises after the expiration or sooner termination of the term shall be deemed to be under a tenant at sufferancemonth-to-month tenancy commencing on the first day after the expiration or sooner termination of the term, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms set forth in this Lease except that Tenant shall pay on the first day of each month of the holdover period as Fixed Rent, an amount equal to one and provisions one-half (1 ½) times one-twelfth of the sum of the Fixed Rent and Additional Charges payable by Tenant during the last year of the term of this Lease, except Lease for the monthly Base Rent shall be as first sixty (60) days Tenant holds over and thereafter two (2) times such sum. It is stipulated and agreed by that Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be required to perform any work, furnish any materials or make any repairs within the Premises during the holdover period. It is further stipulated and agreed that if Landlord shall, at any time after the expiration or sooner termination of the term, proceed to remove Tenant from the Premises as a holdover, the Fixed Rent for the use and occupancy of the Premises during any holdover period shall be calculated in the same manner as set forth above. In addition to the foregoing, Landlord shall be entitled to recover from Tenant any notice to quit, the usual notice to quit being hereby expressly waived under losses or damages arising from such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.

Holdover. If Landlord has advised Tenant that if possession of the Premises is not surrendered to Landlord upon the expiration or sooner termination of the Term, such holdover may likely expose Landlord to a risk of reduction or loss of Landlord’s committed financing for the Contemplated Redevelopment and possibly other damages (although Landlord acknowledges that there are circumstances in which Landlord may delay or not undertake the Contemplated Redevelopment). As such, Tenant has agreed that if it does not surrender the Premises to Landlord upon the expiration or sooner termination of the Term, (a) Tenant shall pay to Landlord a sum equal to 3.0 times the monthly Base Rent that was payable under this Lease during the last month of the Term for thirty (30) days of such holdover, (b) thereafter, if Tenant is still in possession of the Premises, Tenant shall continue to pay Landlord a sum equal to 3.0 times the monthly Base Rent that was payable under this Lease during the last month of the Term for each additional thirty (30) days of such holdover, and (c) Landlord shall, without in addition to any and all rights and remedies that Landlord may have under this Lease, at law or in equity, immediately upon such holdover, have the right to commence eviction of Tenant from the Premises by providing written consent notice under applicable provisions of Legal Requirements which may include NRS 40.250 (unlawful detainer for possession after expiration of term, provided that Landlord acknowledges that it will provide no less than thirty (30) days’ notice for such unlawful detainer under NRS 40.250), NRS 40.2512 (unlawful detainer for possession after default in payment of rent) or Section 1 of Senate Xxxx 151, 80th Session of the Nevada Legislature (summary eviction for failure to pay rent), and Tenant shall reimburse Landlord for all of Landlord’s actual, hold over reasonable and documented out-of-pocket costs and expenses incurred in connection with any eviction or unlawful detainer proceeding. Nothing in this Section 15.6 shall be construed as an authorization for Tenant to holdover after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”), Tenant Term. This provision shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to survive the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (expiration or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions earlier termination of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.

Holdover. If Tenant shall, without Lessee remains in possession of all or any part of the Premises with Lessor's prior written consent after the expiration or termination of Landlordthis Lease or of Lessee's right to possession, such possession will constitute a month-to-month tenancy which may be terminated by either Lessor or Lessee upon thirty (30) days written notice and will not constitute a renewal or extension of the Lease Term. If Lessee remains in possession after such expiration or termination without Lessor's prior written permission, such possession will constitute a tenancy-at-will terminable upon forty-eight (48) hours' notice by Lessor and will not constitute a month-to-month tenancy nor a renewal or extension of the Lease Term. In the event of a month-to-month tenancy or tenancy-at-will under this Paragraph, Lessee's Base Rent will be two hundred percent (200%) of the Base Rent payable during the last month of the Lease Term, any other sums due under this Lease will be payable in the amounts and at the times specified in this Lease, and all options, rights of refusal, expansions and/or renewals shall be null and void. Any tenancy under this Paragraph will be subject to every other term, condition and covenant contained in this Lease. Lessee agrees to defend, indemnify and hold over after Lessor harmless from any claim or cause of action arising out of related to the failure of Lessee to surrender possession of the Premises to Lessor upon the expiration of this Lease or upon any such termination. Notwithstanding the foregoing, Lessee shall have the option to holdover for a period of up to three (3) months following the expiration of the Lease Term (hereinafter, an “unauthorized holdover”), Tenant lease term at 115% of the last rent due under the terms of the lease. Lessee shall be deemed required to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of provide Lessor one-hundred eighty (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In notice prior to lease the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon lease expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovedate.

Holdover. If Tenant shall, without Sublessee fails to surrender the written consent of Landlord, hold over after Additional Subleased Premises or any portion thereof at the expiration or earlier termination of the Lease Term, then it will be conclusively presumed that the value to Sublessee of remaining in possession, and the loss that will be suffered by Sublessor as a result thereof, far exceed the Rent and additional rent that would have been payable had the Term continued during such holdover period. Therefore, if Sublessee (hereinafteror anyone claiming through Sublessee) does not immediately surrender the Additional Subleased Premises or any portion thereof upon the expiration or earlier termination of the Term, an “unauthorized holdover”)then the rent payable by Sublessee shall be increased to two (2) times then-applicable base rent for the Additional Subleased Premises as set forth in the Prime Lease. Such rent shall be computed by Sublessor and paid by Sublessee on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Additional Subleased Premises have been vacated. Notwithstanding any other provision of this Sublease, Tenant Sublessor’s [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. acceptance of such rent shall not in any manner adversely affect Sublessor’s other rights and remedies, including Sublessor’s right to evict Sublessee and to recover all damages. Any such holdover shall be deemed to be a tenant tenancy at sufferance, which sufferance and not a tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees at will or tenancy from month to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In no event shall any holdover be deemed a permitted extension or renewal of the case of a holdover which has been consented to by LandlordTerm, Tenant and nothing contained herein shall be deemed construed to be a month constitute Sublessor’s consent to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant any holdover or to give Sublessee any right with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovethereto.

Holdover. If Tenant shall, without understands that it does not have the written consent of Landlord, right to hold over after at any time. Tenant will, on or before the expiration Expiration Date or earlier termination of this Lease, yield up immediate possession to Landlord with all repairs and maintenance required herein to be performed by Tenant completed. Notwithstanding the Lease Term (hereinafter, an “unauthorized holdover”)foregoing, Tenant shall be deemed have the right to be hold over for a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum period of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover 90 days after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month)Expiration Date, and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the other terms and provisions of this LeaseLease shall be applicable during that period, except the monthly that Tenant shall pay, in addition to all Additional Rent, Base Rent in an amount equal to 125% of the Base Rent in effect on the Expiration Date. After such initial 90-day holdover period, unless the parties hereto otherwise agree in writing on the terms of such holding over, the holdover tenancy shall be as agreed subject to termination by Landlord at any time upon not less than five days advance written notice, or by Tenant at any time upon not less than 30 days advance written notice, and Tenant with respect to such consented holdover. Upon expiration all of the other terms and provisions of this Lease shall be applicable during that period, except that Tenant shall pay Landlord from time to time, upon demand, as Base Rent for the period of any holdover, in addition to all Additional Rent for such period which would otherwise be required to be paid by Tenant during the Term hereof, an amount equal to 150% of the Base Rent in effect on the Expiration Date or the date or earlier termination of the Lease. Tenant shall pay all amounts due under this Section 0 to Landlord, upon demand, together with interest thereon at the Default Rate from the date of such demand until fully paid. Notwithstanding anything herein to the contrary, no holdover by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease. The preceding provisions of this Section 0 shall not be construed as consent for Tenant to hold over, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises, as well as any damages incurred by Landlord due to Tenant’s failure to vacate and deliver possession of the Premises to Landlord as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.

Holdover. If Tenant shallholds over after the expiration of the Lease Term, without with the express written consent of Landlord, hold such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a monthly rate of two hundred percent (200%) thereafter of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. If Tenant holds over after the expiration of the Lease Term (hereinafterwithout the express written consent of Landlord, an “unauthorized holdover”), Tenant such tenancy shall be deemed to be a tenant tenancy at sufferance, which tenancy may and shall not constitute a renewal hereof or an extension for any further term, and in such case daily damages in any action to recover possession of the Premises shall be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord calculated at a per diem occupancy charge daily rate equal to the sum greater of (Ai) five two hundred percent (5200%) of the stated monthly Monthly Base Rent for applicable during the last full month rental period of the Lease Term then ending for each day of the first month of such holdover under this Lease (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using basis) or (ii) the additional rent which had otherwise been payable by Tenant fair market rental rate for the last full month Premises as of the Lease Term then ending Such payments commencement of such holdover period. Nothing contained in this Article 26 shall be made (in arrears) within five (5) days after Landlord’s demandconstrued as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to vacate and deliver possession of the Premises to Landlord as provided in no event less often than once per monththis Lease upon the expiration or other termination of this Lease. In the case The provisions of a holdover which has been consented to by Landlord, Tenant this Article 26 shall not be deemed to be limit or constitute a month to month tenant upon all waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant holds over without Landlord's express written consent, and tenders payment of rent for any period beyond the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term by way of check (whether directly to Landlord, its agents, or to a lock box) or wire transfer, Tenant acknowledges and agrees that the cashing of such check or acceptance of such wire shall be considered inadvertent and not be construed as creating a month-to-month tenancy, provided hereinLandlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. Tenant acknowledges that any holding over without Landlord’s express written consent may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to vacate and deliver the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims made by any succeeding tenant founded upon such failure to vacate and deliver, and any losses suffered by Landlord, including lost profits, resulting from such failure to vacate and deliver; provided, however, the terms of the foregoing indemnity shall not be entitled effective until the date which occurs thirty (30) days after the termination or expiration of this Lease. Tenant agrees that any proceedings necessary to any notice to quitrecover possession of the Premises, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day whether before or after expiration of the Lease Term as provided in Section 26Term, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, shall be considered an action to enforce the terms of this Lease for purposes of the awarding of any other claims for damages which Landlord may have or assert against Tenant attorney’s fees in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovetherewith."

Holdover. If In the event Tenant shall, remains in possession of the Premises after the Expiration Date or sooner termination of this Lease and without the written consent execution of Landlord, hold over after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”)a new lease, Tenant shall be deemed a Tenant at will from month to be a tenant at sufferancemonth, which tenancy subject to all the conditions of this Lease except for the provision regarding the payment of Minimum Base Rent and all additional rent. The parties recognize and agree that the damage to Landlord resulting from any failure by Txxxxx to timely surrender possession of the Premises may be terminated immediately by substantial, likely would exceed the amount of the monthly installments of the Minimum Base Rent and all additional rent payable under this Lease, and will be impossible to measure accurately. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord as provided by applicable state upon the expiration date or sooner termination of this Lease, in addition to any other rights or remedies Landlord may have under this Lease or at law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to shall pay to Landlord Landlord, without demand therefor as liquidated damages, for each month and for each portion of any month during which Tenant holds over in the Premises after the expiration date or sooner termination of this Lease, a per diem occupancy charge sum equal to two (2) times the sum aggregate of (A) five percent (5%) that portion of the stated monthly Minimum Base Rent for and all additional rent that was payable under this Lease during the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per monthTerm. In the case of a holdover which has been consented to by Landlord, Tenant Nothing herein contained shall be deemed to be a month permit Tenant to month tenant upon all retain possession of the terms Premises after the expiration date or sooner termination of this Lease. Tenant shall defend, indemnify, and hold Landlord harmless from any and all liabilities, loss, cost and expense of every kind suffered by Landlord as a result of Txxxxx's holding over. The provisions of this paragraph shall survive the expiration date or sooner termination of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.

Holdover. If Tenant shall, is not authorized to hold over beyond the expiration or earlier termination of the Lease Term. In the event of any holding over by Tenant without the written consent of by Landlord, hold over after the expiration of the Lease Term Term, (hereinafter, an “unauthorized holdover”)a) for the first thirty (30) days of such holdover period, Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge liable for monthly rent equal to the sum of (A) five one hundred fifty percent (5150%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of Additional Rent in effect immediately prior to the additional rent which would have been payable by Tenant for expiration of the period Lease Term, and (b) from and after the thirty-first (31st) day of such holdover, calculated on a per diem basis using Tenant shall be liable for monthly rent equal to one hundred seventy-five percent (175%) of the additional rent which had otherwise been payable by Tenant for Base Rent and one hundred percent (100%) of Additional Rent in effect immediately prior to the last full month expiration of the Lease Term then ending Such Term. In addition, with respect to any holdover that exceeds forty-five (45) days, Tenant shall be liable for any damages, consequential or otherwise, suffered by Landlord as a result of such holdover. Notwithstanding the payment of any increased amounts under this paragraph 3.6, Landlord reserves all rights and remedies at law or in equity with respect to any holdover, including but not limited to institute a suit for eviction. Except as set forth in this paragraph 3.6, such holding over shall be on the terms and conditions set forth in this Lease as far as applicable. Any monthly amounts owed under this paragraph 3.6 shall not be prorated but shall be deemed fully earned by Landlord as of the first day of any month. Any payments under this paragraph 3.6 shall be made within fifteen (in arrears) within five (515) days after of Landlord’s demanddemand therefor, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon hereby waives any and all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled rights to any notice to quit, the usual notice notices to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovesimilar notices.

Holdover. If Tenant shall(a) In the event this Sublease is not renewed or extended or a new sublease is not entered into between the parties, without the written consent of Landlord, and if Subtenant shall then hold over after the expiration of the Lease Term term of this Sublease, and if Overlandlord or Sublandlord shall then not proceed to remove Subtenant from the Subleased Premises in the manner permitted by law (hereinafteror shall not have given written notice to Subtenant that Subtenant must vacate the Subleased Premises) irrespective of whether or not Sublandlord accepts rent from Subtenant for a period beyond the Expiration Date, an “unauthorized holdover”), Tenant the parties hereby agree that Subtenant’s occupancy of the Subleased Premises after the expiration of the term shall be deemed to be under a tenant at sufferancemonth-to-month tenancy commencing on the first day after the expiration of the term, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms set forth in this Sublease except Subtenant shall pay on the first day of each month of the holdover period as fixed rent, an amount equal to two (2) times one-twelfth of the fixed rent and provisions additional rent payable by Subtenant during the last year of the term of this LeaseSublease (i.e., except the monthly Base Rent year immediately prior to the holdover period). Further, Overlandlord and Sublandlord shall not be as required to perform any work, furnish any materials or make any repairs within the Subleased Premises during the holdover period. It is further stipulated and agreed by Landlord and Tenant with respect to such consented holdover. Upon that if Overlandlord or Sublandlord shall, at any time after the expiration of the Lease Term original term or after the expiration of any term created thereafter, proceed to remove Subtenant from the Subleased Premises as provided hereina holdover, Tenant the fixed rent for the use and occupancy of the Subleased Premises during any holdover period shall not be calculated in the same manner as set forth above. In addition to the foregoing, Sublandlord shall be entitled to any notice to quitrecover from Subtenant all costs, the usual notice to quit being hereby expressly waived under expenses, losses and damages arising from such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including all attorneys’ fees and disbursements and court costs incurred or paid by Sublandlord (including, without limitation, any costs or claims arising out of Tenant’s indemnity under Section 26, aboveover and above the holdover rent which may be incurred by Sublandlord).

Holdover. If Tenant shall, without with Landlord's consent remains in possession of the written consent of Landlord, hold over Premises after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”), Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately or after the date in any notice given by Landlord as provided to Tenant terminating this Lease, such possession by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all of the terms and provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per-month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, 25 in an amount equal to one hundred fifty percent (150%) of the monthly Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this P.27. are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease Term as provided hereindespite demand to do so by Landlord, Tenant shall not indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this P.27. shall be entitled construed as implied consent by Landlord to any notice holding over by Tenant. Landlord expressly reserves the right to quit, the usual notice require Tenant to quit being hereby expressly waived under such circumstances, and Tenant shall surrender possession of the Premises on the last day of the Lease Term to Landlord as provided in Section 26, abovethis Lease upon expiration or other termination of this Lease. The foregoing described per diem occupancy charge is in addition to, and provisions of this P.27. shall not in lieu of, be considered to limit or constitute a waiver of any other claims for damages which rights or remedies of Landlord may have provided in this Lease or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, aboveat law.

Holdover. If Tenant shall, without with Landlord’s consent remains in possession of the written consent of Landlord, hold over Premises after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”), Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately or after the date in any notice given by Landlord as provided to Tenant terminating this Lease, such possession by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all of the terms and provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred thirty-five percent (135%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. In any such case of Holdover without the consent of Landlord, the monthly Base Rent shall be as agreed computed on a per-month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this ¶27 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant with respect fails to such consented holdover. Upon surrender the Premises upon the expiration of the this Lease Term as provided hereindespite demand to do so by Landlord, Tenant shall not indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this ¶27 shall be entitled construed as implied consent by Landlord to any notice holding over by Tenant. Landlord expressly reserves the right to quit, the usual notice require Tenant to quit being hereby expressly waived under such circumstances, and Tenant shall surrender possession of the Premises on the last day of the Lease Term to Landlord as provided in Section 26, abovethis Lease upon expiration or other termination of this Lease. The foregoing described per diem occupancy charge is in addition to, and provisions of this ¶27 shall not in lieu of, be considered to limit or constitute a waiver of any other claims for damages which rights or remedies of Landlord may have provided in this Lease or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, aboveat law.

Holdover. If vacant and exclusive possession of the Premises is not surrendered to Landlord on the Expiration Date, then Tenant shallshall pay to Landlord on account of use and occupancy of the Premises, for each month (or any portion thereof) during which Tenant (or a Person claiming by, through or under Tenant) holds over in the Premises after the Expiration Date, an amount equal to one hundred fifty percent (150%) of the aggregate Rental that was payable under this Lease during the last month of the Term, except that Tenant shall pay an amount equal to two hundred percent (200%) of the aggregate Rental that was payable under this Lease during the last month of the Term for the period commencing on the thirtieth (30th) day of such holdover period. Landlord’s right to collect such amount from Tenant for use and occupancy shall be in addition to any other rights or remedies that Landlord may have hereunder or at law or in equity (including, without limitation, Landlord’s right to recover Landlord’s damages from Tenant that derive from vacant and exclusive possession of the written consent Premises not being surrendered to Landlord on the Expiration Date). Nothing contained in this Section 24.2 shall permit Tenant to retain possession of Landlord, hold over the Premises after the expiration Expiration Date or limit in any manner Landlord’s right to regain possession of the Lease Term (hereinafterPremises, an “unauthorized holdover”), through summary proceedings or otherwise. Landlord’s acceptance of any payments from Tenant after the Expiration Date shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) on account of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not amount to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable be paid by Tenant for in accordance with the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, aboveArticle 24.

Holdover. If the County continues, with the knowledge and written consent of Landlord obtained at least thirty (30) days prior to the expiration of the Lease Term, to remain in the Leased Premises after the expiration of the Lease Term, and in that event, County shall, by virtue of this Lease become a tenant by the month at a Base Monthly Rent which is one hundred five percent (105%) of the Base Monthly Rent applicable to the last month of the Lease Term, and otherwise subject to the terms, covenants and conditions herein specified, commencing said monthly tenancy with the first day next after the end of the Lease Term. If Tenant shall, remains in possession of the Leased Premises after the expiration or earlier termination of the Lease Term without the express written consent of Landlord, hold (a) Tenant shall become a tenant at sufferance upon the terms of this Lease except that for the first 30 days of the holdover the Base Monthly Rent shall be equal to 125% of the Base Monthly Rent in effect during the last 30 days of the Lease Term, for the next 30 day period of the holdover the Base Monthly Rent shall be equal to 150% of the Base Monthly Rent in effect during the last 30 days of the Lease Term, and thereafter the Base Monthly Rent shall be equal to 200% of the Base Monthly Rent in effect during the last 30 days of the Lease Term, and (b) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages if Landlord has advised Tenant in advance of any particular consequential damages that Landlord may incur or suffer as a result of Tenant’s holding over, including, without limitation, consequential damages that Landlord may incur or suffer by reason of Landlord’s inability to lease the Premises or deliver occupancy to a particular tenant. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 21 shall not be construed as consent for Tenant to retain possession of the Leased Premises. Acceptance by Landlord of Rent after the expiration of the Lease Term (hereinafter, an “unauthorized holdover”), Tenant or earlier termination of this Lease shall be deemed to be not result in a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (renewal or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions reinstatement of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.

Holdover. If Tenant shall, without the written consent of Landlord, shall hold over after the expiration date of the Lease Term (hereinafterTerm, an “unauthorized holdover”or if Tenant shall hold over after the date specified in any termination notice given by Tenant under Section 16(b), then, in either such event, Tenant shall be deemed to a month-to-month Tenant on the same terms as herein provided, except that the monthly Fixed Rent will be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to (i) for the sum of (A) five percent (5%) first three months after the expiration of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or Term, 150% of such the monthly Base Rent Fixed Rent, (ii) for the entire first month), (B) six percent (6%) fourth through sixth months after the expiration of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month)Term, (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such the monthly Base Rent for each such full month)Fixed Rent, and (Diii) one hundred percent (100%) for the seventh month after the expiration of the additional rent which would have been Term and each month thereafter, 300% of the monthly Fixed Rent, which, in each case, was payable by Tenant for during the period final year of the Term (or, if applicable, Extension Period) immediately preceding such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable holdover period. No holding over by Tenant for or payment or acceptance of rent after the last full month expiration of the termination of this Lease Term then ending Such payments shall be made (construed to extend or renew the Term or in arrears) within five (5) days after any other manner be construed as permission by Landlord to hold over nor shall any Fixed Rent paid during the hold over set any precedence as to future lease negotiations between Tenant and Landlord’s demand, and in no event less often than once per month. In the case of event Tenant shall be or become a holdover which has been consented to by Landlordtenant, Tenant shall be deemed to be a month to month tenant upon also indemnify Landlord against all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which against Landlord as a result of Tenant's possession of the Premises, including, without limitation, claims for damages by any tenant to whom Landlord may have leased the Premises, or assert against Tenant in connection with any unauthorized holdoverportion thereof, for a term commencing after the expiration or termination of this Lease and for all other losses, costs and expenses, including any claims arising out reasonable attorneys' fees, incurred by reason of Tenant’s indemnity under Section 26, abovesuch holding over.

Holdover. If 34.01. (a) In the event this lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant shall, without the written consent of Landlord, shall then hold over after the expiration of the Lease Term term of this lease (hereinafter, an “unauthorized holdover”it being agreed that Tenant shall not be deemed holding over by the mere fact that Tenant's Property and/or Specialty Alterations remain in the Premises after the expiration of the term of this lease), Tenant the parties hereby agree that Tenant's occupancy of the Premises after the expiration of the term shall be deemed to be under a tenant at sufferancemonth-to-month tenancy commencing on the first day after the expiration of the term of this lease, which tenancy may shall be terminated immediately by Landlord upon all of the terms set forth in this lease except Tenant shall pay on the first day of each month of the holdover period as provided by applicable state law. During any such holdover tenancyFixed Rent, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge an amount equal to the sum product obtained by multiplying (i) the greater of (A) five percent one-twelfth of the Fixed Rent payable by Tenant during the last year of the term of this lease (5i.e., the year immediately prior to the holdover period) or (B) an amount equal to the then market rental value for the Premises, taking into account all relevant factors, by (ii) one hundred ten (110%) of the stated monthly Base Rent percent for the last full month of the Lease Term then ending for each day of the first month of such holdover month-to-month tenancy, one hundred fifteen (or 150% 115%) percent for the next two months of such monthly Base Rent month-to-month tenancy, one hundred twenty-five (125%) percent for the entire first next three months of such month)-to-month tenancy, and one hundred fifty (B) six percent (6150%) of the stated monthly Base Rent percent thereafter. Tenant may dispute such market rental value for the last full month of the Lease Term then ending for each day of the second month of such holdover Premises as estimated by Landlord by giving notice to Landlord within, but in no event after, thirty (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (530) days after the giving of Landlord’s demand's notice to Tenant (as to the giving of which notice to Landlord, and in no event less often than once per monthtime shall be deemed of the essence). In the case of a holdover which has been consented to by LandlordEnclosed with such notice, Tenant shall be deemed required to furnish to Landlord the written opinion of a reputable New York licensed real estate broker having leasing experience in the Borough of Manhattan, for a period of not less than ten (10) years setting forth said broker's good faith opinion of the market rental value of the Premises. If Tenant and Landlord are unable to resolve any such dispute as to the market rental value for the Premises then such dispute shall be resolved by an independent arbitrator who shall be a month to month tenant upon all real estate broker of similar qualifications and shall be selected from a listing of not less than three (3) brokers furnished by the Manhattan office of the terms American Arbitration Association (herein called the "AAA") (or any successor thereto) to Tenant and provisions Landlord (at the request of this Lease, except the monthly Base Rent shall be as agreed by either Landlord or Tenant). If Landlord and Tenant with respect are unable to agree upon the selection of the individual arbitrator from such consented holdoverlisting, then the first arbitrator so listed by the Manhattan office of the AAA (or any successor thereto) shall be conclusively presumed to have been selected by both Landlord and Tenant and the decision of such arbitrator shall be conclusive and binding upon the parties as to the market rental value for the Premises. Upon Pending the determination of the market rental value of the Premises upon the expiration of the Lease Term as provided hereinterm of this lease, Tenant shall not pay to Landlord as Fixed Rent an amount computed in accordance with clause (A) or (B) of this Section 34.01(a) (as Landlord shall then elect), and upon determination of the market rental value of the Premises in accordance with the preceding provisions hereof appropriate adjustments and payments shall be entitled effected. In the event that Landlord shall have elected to charge Tenant Fixed Rent in an amount computed in accordance with clause (B) of this Section 34.01(a), then that portion of such Fixed Rent (herein called the "Holdover Stub Amount") that is the difference between (1) the Fixed Rent computed in accordance with clause (B) of this Section 34.01(a) and (2) the Fixed Rent computed in accordance with clause (A) of this Section 34.01(a), shall be held in escrow by a reputable law firm designated by Landlord pending the determination of the market rental value of the Premises in accordance with the preceding provisions hereof, and any notice interest earned on such Holdover Stub Amount shall be added to quitand follow that portion of the Holdover Stub Amount that is paid to Landlord and/or Tenant in accordance with the decision of the arbitrator making such determination. It is further stipulated and agreed that if Landlord shall, at any time after the expiration of the original term of this lease or after the expiration of any term created thereafter, proceed to remove Tenant from the Premises as a holdover, the usual notice to quit being hereby expressly waived under such circumstances, Fixed Rent for the use and Tenant shall surrender occupancy of the Premises on during any holdover period shall be calculated in the last day of the Lease Term same manner as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, set forth above.

Holdover. If Tenant shallSubtenant shall have no right to hold over in the Subleased Premises beyond the Expiration Date, and Subtenant hereby waives all such rights. Subtenant acknowledges that it is critical that Subtenant surrender the Subleased Premises on or before the Expiration Date of this Sublease in accordance with the terms of this Sublease. Accordingly, Subtenant shall indemnify, defend and hold harmless Sublandlord from and against all losses, costs, claims, liabilities and damages resulting from Subtenant’s failure to surrender the Subleased Premises on the Expiration Date in the condition required under the terms of this Sublease (including, without limitation, any liability or damages sustained by Sublandlord as a result of a holdover of the written consent Subleased Premises by Sublandlord occasioned by the holdover of Landlord, hold the Subleased Premises by Subtenant). If Subtenant holds over after the expiration of the Lease Term (hereinafterof this Sublease or earlier termination thereof, an “unauthorized holdover”)with or without the express or implied consent of Sublandlord, Tenant such tenancy shall be deemed to from month-to- month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Rent shall be payable at a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge monthly rate equal to the sum of (Ai) five one hundred fifty percent (5150%) of the stated monthly Base Rent applicable during the last rental period of the Term under this Sublease for the last full month of the Lease Term then ending for each day of the first (1st) month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month)holdover, and (Dii) two hundred percent (200%) thereafter. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. In addition, Subtenant shall pay Sublandlord one hundred percent (100%) of Additional Rent payable hereunder for any period from the additional rent which would have been payable by Tenant for Expiration Date through the period of such holdover, calculated on a per diem basis using date Subtenant surrenders the additional rent which had otherwise been payable by Tenant for Subleased Premises in the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovecondition required hereunder.

Holdover. If Tenant shall, without fails to surrender the written consent of Landlord, hold over after Premises at the expiration end of the Lease Term (hereinafterTerm, an “unauthorized holdover”), at Landlord's option the Tenant shall be deemed to be become a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to -to-month tenant upon subject to all of the terms and provisions of this Leaseconditions hereof, except that Tenant shall on account of such tenancy pay in advance on the first day of each calendar month, without demand therefor, a monthly rental equal to the greater of (i) two hundred percent (200%) of the aggregate amount of Base Rent plus Rent Adjustments in effect immediately preceding the end of the Lease Term, or (ii) the fair market rental value of the Premises, prorated on a monthly basis; provided that, notwithstanding the foregoing, during the first (1st) ninety (90) days of any such monthly tenancy, Tenant shall pay a monthly rental equal to the greater of (i) one hundred fifty percent (150%) of the aggregate amount of Base Rent plus Rent Adjustments in effect immediately preceding the end of the Lease Term, or (ii) the fair market rental value of the Premises. Such tenancy may be as agreed terminated by either party upon thirty (30) days prior notice. During such tenancy Landlord and Tenant may with respect to such consented holdoverany default hereunder exercise all rights and remedies provided for herein. Upon expiration Notwithstanding the foregoing, any time prior to Landlord's acceptance of rent from Tenant as a monthly tenant hereunder, Landlord, at its option, may forthwith re-enter and take possession of the Lease Term as provided hereinPremises by any means permitted by law, TENANT HEREBY WAIVING ANY NOTICE TO QUIT; provided, however, that (i) Tenant shall pay Landlord as damages (but not be entitled to any notice to quitas rent) the greater of the fair market value rent for the Premises or two (2) times (1.5 times, during the usual notice to quit being hereby expressly waived under first 90 days of such circumstancesholdover) the Base Rent plus all Additional Rent payable for the last month of the Term, for each month or portion thereof that Tenant remains in possession following the Expiration Date, and (ii) Tenant shall defend, indemnify and hold Landlord harmless from and against any and all claims, losses, liabilities or damages resulting from Tenant's failure to surrender possession of the Premises on the last day of the Lease Term as provided in Section 26Expiration Date (including, above. The foregoing described per diem occupancy charge is in addition but not limited to, and not in lieu of, claims made by any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovesucceeding tenant).

Holdover. If Tenant shallremains in the Premises after the termination or expiration of the Term, without such holding over shall be as a tenant at sufferance at a rent equal to (x) for the written consent first ninety (90) days after the termination or expiration of Landlordthe Term, hold over one and one-half times the Annual Fixed Rent due hereunder for the last month of the Term and (y) thereafter the greater of (i) one and one-half times the Annual Fixed Rent due hereunder for the last month of the Term and (ii) the fair market rent for the Premises, and otherwise subject to all the covenants and conditions (including obligations to pay Additional Rent under Section 2.6) of this Lease. Notwithstanding the foregoing, if Landlord desires to regain possession of the Premises after the termination or expiration hereof, Landlord may, at its option, re-enter and take possession of the Premises or any part thereof at any time thereafter or by any legal process in force in the state in which the Premises are located. If the Tenant renegotiates a new term with the Landlord of this Lease whether in the Premises or at another location in the Building within 120 days after the expiration of this Lease, all rents in excess of the Lease Term new rate, paid during the hold over period, will be applied as a credit to the new lease. Notwithstanding the establishment of any tenancy at sufferance following the expiration or earlier termination of the Term, if Tenant fails promptly to vacate the Premises upon the expiration or earlier termination of the Term, and such failure continues for thirty (hereinafter, an “unauthorized holdover”)30) days after notice from Landlord to Tenant to vacate the Premises, Tenant shall be deemed to be a tenant at sufferancesave Landlord harmless, which tenancy may be terminated immediately indemnify and defend Landlord against any claim, loss, cost or expense (including reasonable attorneys' fees by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum counsel of (ALandlord's choice and consequential damages) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above's failure promptly to vacate the Premises (or any portion thereof) prior to the expiration of such thirty (30) day period.

Holdover. If Tenant shallLessee shall have the right to extend the Initial Term or any Option Term for two (2) months, without upon written notice to Lessor given not less than six (6) months prior to the written consent of Landlord, hold over after the expiration end of the Lease Term (hereinafterthen current term, an “unauthorized holdover”)at the then-current Minimum Rent and Additional Rent rate during such two-month extension. In the event that Lessee remains in possession of the Demised Premises after any two-month extension, Tenant then such holdover by Lessee shall not be deemed to create any tenancy and Lessee shall be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancysubject only to all of Lessee’s obligations set forth herein, unless Landlord has otherwise agreed in writing, Tenant agrees to and shall pay to Landlord a per diem occupancy charge equal to rent at the sum rate of (A) one hundred twenty five percent (5125%) of the stated monthly Base Minimum Rent for paid by Lessee during the last full month of the Lease immediately prior Initial Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month)Option Term, (B) six one hundred percent (6100%) of any Additional Rent paid by Xxxxxx during the stated monthly Base Rent for the last full month of the Lease immediately prior Initial Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month)Option Term, (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional cost of electricity and all other utilities supplied to the Demised Premises, and one hundred percent (100%) of other charges provided for under this Lease. Lessor’s acceptance of any sum or purported rent which would have been payable by Tenant for check after the Termination Date shall not create any tenancy, including but not limited to a tenancy at will, it being agreed that Xxxxxx's status shall remain that of a tenant at sufferance, at the aforesaid daily rate. Any reference in this Lease to Xxxxxx's obligations continuing during the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments any holdover shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall not be deemed to be grant Lessee the right to a month holdover or imply Lessor's consent to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to any such consented holdover. Upon expiration of the Lease Term as provided hereinIn no event shall Lessee be liable for any special, Tenant shall not be entitled to any notice to quitpunitive, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for or consequential damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, above.

Holdover. If Tenant shall, without retains possession of the written consent of Landlord, hold over Premises or any part thereof after the expiration termination of the Lease Term (hereinafteror any extension thereof, an “unauthorized holdover”)by lapse of time or otherwise, Tenant shall be deemed to be become a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full from month-to-month of the Lease Term then ending for only upon each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms herein provided as may be applicable to such month-to- month tenancy and provisions any such holdover shall not constitute an extension of this Lease; provided, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to however, that during such consented holdover. Upon expiration of the Lease Term as provided hereinholding over, Tenant shall not be entitled to any pay Base Rent, Operating Cost Share Rent, and Tax Share Rent at (a) one and one-half times the rate payable for the fiscal year, or portion thereof, immediately preceding said holding over, computed on a monthly basis for the time Tenant thus remains in possession for the first two months that Tenant holds over and (b) Tenant shall pay Base Rent, Operating Cost Share Rent and Tax Share Rent at double the rate payable for the fiscal year, or portion thereof, immediately preceding said holding over, computed on a monthly basis for the time Tenant thus remains in possession thereafter, and, in addition, Tenant shall pay Landlord all damages, consequential as well as direct, sustained by reason of Tenant's holding over. Alternatively, at the election of Landlord expressed in a written notice to quittenant and not otherwise, such retention of possession shall constitute a renewal of this Lease for one (1) year; provided, however, that Tenant shall pay Base Rent in an amount equal to the usual notice to quit being hereby expressly waived under such circumstancesgreater of 150% of the rate payable for the immediately preceding fiscal year, or portion thereof or 125% of the then current market rate as determined by Landlord, and Tenant shall surrender continue to make all other payments required under this Lease, including, without limitation, Operating Cost Share Rent and Tax Share Rent. Neither the Premises on acceptance of Rent by the last day Landlord after termination, nor the provisions of the Lease Term this Section: (i) shall be construed as, or operate as, a renewal or as provided a waiver of Landlord's right of re-entry or right to regain possession by actions at law or in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, equity or by any other claims for damages which Landlord may have right or assert against Tenant in connection with remedy hereunder, or (ii) shall be construed as, or operate as, a waiver of any unauthorized holdover, including any claims arising out other right or remedy of Tenant’s indemnity under Section 26, aboveLandlord.

Holdover. If Tenant shall, without shall fail to vacate and surrender the written consent of Landlord, hold over after Premises upon the expiration or earlier termination of this Lease, then, throughout the Lease Term period commencing on such expiration or earlier termination and continuing until Tenant shall fully vacate and surrender the Premises (hereinafter, an such period being herein called the “unauthorized holdoverHoldover Period”), Tenant shall be deemed to a holdover tenant and shall be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay liable to Landlord for rent, or a charge in respect of use and occupancy, at a per diem occupancy charge equal to the sum of (A) five percent (5%) of the stated monthly Base Rent for the last full month of the Lease Term then ending rate, for each day of the first month Holdover Period, equal to one and one half (1.5) times the average per diem rate of such holdover (or 150% of such monthly Base Fixed Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant during the last year of the Term (i.e., the year immediately prior to the Holdover Period). In addition to the fore­going, Landlord shall be entitled to recover from Tenant any losses or damages arising from such holdover. Notwithstanding the foregoing, however, Tenant shall not be liable to Landlord for the period of consequential damages arising from such holdover, calculated on except, if during such holdover Landlord has notified Tenant in writing promptly upon Landlord’s entry into a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month lease or promptly upon commencement of negotiations of a lease of all or a portion of the Lease Term Premises, and then ending Such payments only to the extent that Landlord’s claim for consequential damages is limited to the lost profits associated with the loss of such lease and only to the extent that such loss is caused by Tenant’s holdover for a period of more than ninety (90) days. Nothing herein shall be made (in arrears) within five (5) days after Landlord’s demanddeemed to grant Tenant any right to holdover, and in no event less often than once per month. In shall the case acceptance of a any rent preclude Landlord from com­mencing and prosecuting any holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, aboveeviction proceeding.

Holdover. If Tenant shall, without vacant and exclusive possession of the written consent Subleased Premises is not surrendered to Sublandlord in accordance with the provisions of Landlord, hold over after this Sublease on the expiration or earlier termination of this Sublease, Sublandlord shall be entitled to immediately reenter the Subleased Premises and dispossess Subtenant (and/or any person claiming by, through or under Subtenant). In the event of any such holding over, Subtenant shall pay as holdover rent or use and occupancy for each month (or portion thereof) of the holdover tenancy an amount calculated in accordance with Article 74 of the Original Lease Term (hereinafterit being acknowledged and agreed that for purposes of the foregoing, an the term “unauthorized holdover”annual rent” shall mean the annual Fixed Rent hereunder), Tenant subject to all of the other terms of this Sublease insofar as the same are applicable to such holdover tenancy. The acceptance of any such use and occupancy payment paid by Subtenant pursuant to this Section 19 shall in no event preclude Sublandlord from commencing and prosecuting a holdover or summary eviction proceeding and the provisions of this Section 19 shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord a per diem occupancy charge equal to an “agreement expressly providing otherwise” within the sum meaning of (A) five percent (5%) Section 232-c of the stated monthly Base Rent for the last full month Real Property Law of the Lease Term then ending for each day State of New York and any successor or similar law of like import. In addition Subtenant shall indemnify and shall save Sublandlord harmless from and against all costs, claims, loss or liability resulting from the failure of Subtenant to surrender the Subleased Premises on the Expiration Date or sooner termination of the first month Sublease, including, without limitation, any amounts payable by Sublandlord pursuant to Article 74 of such holdover the Original Lease or under any indemnity contained in the Prime Lease. Nothing contained in this Section 19 shall (or 150% i) imply any right of such monthly Base Rent for Subtenant to remain in the entire first month)Subleased Premises after the termination of this Sublease without the execution of a new lease, (Bii) six percent imply any obligation of Sublandlord to grant a new lease or (6%iii) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (be construed to limit any right or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for remedy that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending Such payments shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of Sublandlord has against Subtenant as a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and or trespasser. The provisions of this Lease, except Section 19 shall survive the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration or earlier termination of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any unauthorized holdover, including any claims arising out of Tenant’s indemnity under Section 26, abovethis Sublease.

Holdover. If Tenant shall, is not permitted to hold over possession of the Premises after the expiration or earlier termination of the Lease Term without the express prior written consent of Landlord, hold which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Lease Term (hereinafterwithout the express written consent of Landlord, an “unauthorized holdover”)then, in addition to all other remedies available to Landlord at law or at equity or under this Lease, Tenant shall be deemed to be become a tenant at sufferancesufferance only, which tenancy may be terminated immediately by Landlord upon the terms and conditions set forth in this Lease so far as provided by applicable state lawapplicable. During any such holdover tenancy, unless Landlord has otherwise agreed in writingperiod, Tenant agrees to shall pay to Landlord a per diem occupancy charge equal monthly Base Rent equivalent to the sum of (Ai) five one hundred ten percent (5110%) of the stated monthly Base Rent for payable by Tenant to Landlord during the last full month of the Lease Term then ending for each day of the first month of such holdover (or 150% of such monthly Base Rent for the entire first month), (B) six percent (6%) of the stated monthly Base Rent for the last full month of the Lease Term then ending for each day of the second month of such holdover (or 180% of such monthly Base Rent for the entire second month), (C) seven percent (7%) of the stated monthly Base Rent for that last full month of the Lease Term then ending for each day of such holdover after the first two (2) months thereof (but not to exceed 200% of such monthly Base Rent for each such full month), and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been and (ii) thereafter, one hundred fifty percent (150%) of Base Rent payable by Tenant for to Landlord during the last full month of the Lease Term then ending Such payments Term. Acceptance by Landlord of Rent after such expiration or earlier termination shall be made (in arrears) within five (5) days after Landlord’s demand, and in no event less often than once per month. In the case of not constitute consent to a holdover which has been consented to by Landlord, Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions hereunder or result in an extension of this Lease, except . This Section 22.1 shall not be construed to create any express or implied right to hold over beyond the monthly Base Rent shall be as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term as provided herein, or any extension thereof. Tenant shall not be entitled liable, and shall pay to Landlord for all actual losses incurred by Landlord as a result of such holdover, and shall, subject to at least thirty (30) days’ prior notice that Landlord requires the Premises for a third party, indemnify, defend and hold Landlord and the Landlord Indemnitees harmless from and against all liabilities, damages, losses, claims, suits, costs and expenses (including reasonable attorneys' fees and costs) arising from or relating to any notice to quitsuch holdover tenancy, the usual notice to quit being hereby expressly waived under such circumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Section 26, above. The foregoing described per diem occupancy charge is in addition to, and not in lieu ofincluding without limitation, any other claims claim for damages which Landlord may have made by a proposed succeeding tenant. Tenant's indemnification obligation hereunder shall survive the expiration or assert against Tenant in connection with any unauthorized holdover, including any claims arising out earlier termination of Tenant’s indemnity under Section 26, abovethis Lease.