Common use of Holdover Clause in Contracts

Holdover. If Tenant shall remain in possession of the Premises after the expiration or earlier termination of this Lease, then Tenant shall be deemed a tenant-at-will, terminable at any time, and shall pay Rent at 125% the rate of the Rent prevailing on the date of such termination or expiration, but otherwise shall be subject to all of the terms and obligations of Tenant under this Lease. Additionally, Tenant shall pay to Landlord all damages sustained by Landlord on account of such holding over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at the Premises after the expiration or termination of the Term, then Landlord may, and Tenant hereby authorizes Landlord to, make such disposition of such property as Landlord may desire (including retaining any such property) without liability for compensation or damages to Tenant and Landlord shall in no event be deemed to be a "bailee"; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all suits, actions, liability, loss, damages (including without limitation, consequential damages), penalties, fines and expenses (including court costs and attorney's fees) in connection with or incident to any removal, exercise of dominion over, or disposition of such property by Landlord. The inclusion of this paragraph shall not be construed as Landlord's consent in any manner for Tenant to hold over.

Holdover. If Tenant shall, with the written consent of Landlord, hold over after the expiration of the term of this Lease, such tenancy shall be deemed a month-to- month tenancy, which tenancy may be terminated as provided by applicable law. During such tenancy, except as otherwise agreed in writing by the parties, Tenant agrees to pay to Landlord the greater of (a) the then quoted rates for similar space in the Building or (b) one hundred twenty-five percent (125%) of the Rent and Additional Rent in effect upon the date of such expiration as stated herein, and to be bound by all of the terms, covenants and conditions herein specified, so far as applicable. Acceptance by Landlord of Rent and Additional Rent after such expiration or earlier termination shall not result in a renewal of this Lease. The foregoing provisions of this Section 25 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 shall remain in possession of the Premises hold over after the expiration or earlier termination of this LeaseLease without the written consent of Landlord, then such occupancy shall be deemed an unlawful detainer of the Premises subject to the applicable laws of the state in which the Building is located and, in addition, Tenant shall be deemed liable for any costs, damages, losses and expenses incurred by Landlord as a tenant-at-will, terminable at any time, and shall pay Rent at 125% result of Tenant's failure to surrender the rate of the Rent prevailing on the date of such termination or expiration, but otherwise shall be subject to all of the terms and obligations of Tenant under Premises in accordance with this Lease. Additionally, Tenant shall pay to Landlord all damages sustained by Landlord on account of such holding over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at the Premises after the expiration or termination of the Term, then Landlord may, and Tenant hereby authorizes Landlord to, make such disposition of such property as Landlord may desire (including retaining any such property) without liability for compensation or damages to Tenant and Landlord shall in no event be deemed to be a "bailee"; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all suits, actions, liability, loss, damages (including without limitation, consequential damages), penalties, fines and expenses (including court costs and attorney's fees) in connection with or incident to any removal, exercise of dominion over, or disposition of such property by Landlord. The inclusion of this paragraph shall not be construed as Landlord's consent in any manner for Tenant to hold over.

Holdover. If Tenant shall, with the written consent of Landlord, hold over after the expiration of the term of this Lease, such tenancy shall be deemed a month-to-month tenancy, which tenancy may be terminated as provided by applicable law. During such tenancy, except as otherwise agreed in writing by the parties, Tenant agrees to pay to Landlord the greater of (a) the then quoted rates for similar space in the Building or (b) one hundred twenty-five percent (125%) of the Rent and Additional Rent in effect upon the date of such expiration as stated herein, and to be bound by all of the terms, covenants and conditions herein specified, so far as applicable. Acceptance by Landlord of Rent and Additional Rent after such expiration or earlier termination shall not result in a renewal of this Lease. The foregoing provisions of this Section 25 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 shall remain in possession of the Premises hold over after the expiration or earlier termination of this LeaseLease without the written consent of Landlord, then such occupancy shall be deemed an unlawful detainer of the Premises subject to the applicable laws of the state in which the Building is located and, in addition, Tenant shall be deemed liable for any costs, damages, losses and expenses incurred by Landlord as a tenant-at-will, terminable at any time, and shall pay Rent at 125% result of Tenant's failure to surrender the rate of the Rent prevailing on the date of such termination or expiration, but otherwise shall be subject to all of the terms and obligations of Tenant under Premises in accordance with this Lease. Additionally, Tenant shall pay to Landlord all damages sustained by Landlord on account of such holding over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at the Premises after the expiration or termination of the Term, then Landlord may, and Tenant hereby authorizes Landlord to, make such disposition of such property as Landlord may desire (including retaining any such property) without liability for compensation or damages to Tenant and Landlord shall in no event be deemed to be a "bailee"; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all suits, actions, liability, loss, damages (including without limitation, consequential damages), penalties, fines and expenses (including court costs and attorney's fees) in connection with or incident to any removal, exercise of dominion over, or disposition of such property by Landlord. The inclusion of this paragraph shall not be construed as Landlord's consent in any manner for Tenant to hold over.

Holdover. If Tenant shall remain in possession of the Premises holds over after the expiration or earlier termination of this Lease, Agreement (not including continued occupancy by Tenant in accordance with a successor lease between Tenant and the then Tenant shall be deemed a tenant-at-will, terminable at any time, and shall pay Rent at 125% the rate fee title or master leasehold title holder of the Rent prevailing on Premises), whether with or without the date express or implied consent of such termination or expirationLandlord, but otherwise shall be subject to all of the terms and obligations of Tenant under this Lease. Additionally, Tenant shall pay to Landlord all damages sustained by Landlord on account of such holding over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at the Premises after the expiration or termination of the Term, then Landlord may, and Tenant hereby authorizes Landlord to, make such disposition of such property as Landlord may desire (including retaining any such property) without liability for compensation or damages to Tenant and Landlord shall in no event be deemed to be a "bailee"; tenancy from month-to-month only, and in shall not constitute a renewal or extension of the event that Term. During any such property is the property of someone other than Tenantholdover period, Tenant shall indemnifybe required to pay to Landlord the then- fair market rental value of the Premises. Such holdover shall otherwise be subject to the same terms, conditions, restrictions and provisions as herein contained. Nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as required under this Agreement upon the expiration or other termination of this Agreement (except to the extent that Tenant has the right to continue to possess the Premises pursuant to a successor lease). The provisions of this Section 15.10 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided at law or in equity. If Tenant fails to surrender the Premises upon the termination or expiration of this Agreement (except to the extent that Tenant has the right to continue to possess the Premises pursuant to a successor lease), in addition to any other liabilities to Landlord accruing therefrom, Tenant shall defend, indemnify and hold Landlord harmless from and against any and all suitslosses, actions, liability, loss, damages costs (including reasonable attorneys’ fees), damages, claims and liabilities resulting from such failure, including, without limitation, consequential damages), penalties, fines and expenses (including court costs and attorney's fees) in connection with any claims made by any succeeding tenant or incident buyer arising from such failure to any removal, exercise of dominion over, or disposition of such property by Landlord. The inclusion of this paragraph shall not be construed as Landlord's consent in any manner for Tenant to hold oversurrender.

Holdover. If Tenant shall remain remains in possession of the Premises or any part thereof after the expiration or earlier termination of the Term with Landlord's consent, such occupancy shall be a tenancy from month to month upon all the terms and conditions of this LeaseLease pertaining to the obligations of Tenant, except that the Base Rent payable shall be 150% of the then current Base Rent for the Premises as of the date Tenant holds over, and any options granted to Tenant under this Lease shall be deemed a tenant-at-will, terminable at any time, terminated and shall pay Rent at 125% the rate be of no further effect. If Tenant remains in possession of the Rent prevailing on Premises or any part thereof, after the date expiration of such termination the Term without Landlord's consent, Tenant shall, at Landlord's option, be treated as a tenant at sufferance or expiration, but otherwise a trespasser. Nothing contained herein shall be subject construed to all constitute Landlord's consent to Tenant holding over at the expiration or earlier termination of the terms and obligations of Term or to give Tenant under this Lease. Additionally, Tenant shall pay the right to Landlord all damages sustained by Landlord on account of such holding hold over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at the Premises after the expiration or earlier termination of the Term, then Landlord may, and . Tenant hereby authorizes Landlord to, make such disposition of such property as Landlord may desire (including retaining any such property) without liability for compensation or damages agrees to Tenant and Landlord shall in no event be deemed to be a "bailee"; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend, hold harmless and hold defend Landlord harmless from and against any and all suits, actions, liabilitycost, loss, damages claim or liability (including without limitation, consequential damages), penalties, fines and expenses (including court costs and attorney's attorneys' fees) in connection with or incident Landlord may incur as a result of Tenant's failure to any removal, exercise surrender possession of dominion over, or disposition of such property by Landlord. The inclusion the Premises to Landlord upon the termination of this paragraph shall not be construed as Landlord's consent in any manner for Tenant to hold overLease.

Holdover. If Tenant shall remain in has no right to retain possession of the Premises after or any part thereof beyond the expiration or earlier termination of this Lease, then . If Tenant holds over without the consent of Landlord: (i) the Base Rent payable shall be deemed a tenant-at-will, terminable at any time, and shall pay Rent at 125increased to 150% the rate of the Base Rent prevailing applicable during the month immediately preceding such expiration or earlier termination; (ii) Tenant’s right to possession shall terminate on the date 30 days notice from Landlord; and (iii) all other terms and conditions of such termination or expiration, but otherwise this Lease shall continue to apply. Nothing contained herein shall be subject to all of the terms and obligations of Tenant under this Lease. Additionally, Tenant shall pay to Landlord all damages sustained construed as a consent by Landlord on account of such to any holding over by Tenant. If any property (including trade fixtures) belonging to ; provided, however, that if Landlord and Tenant remains at the Premises after are in good faith negotiating an extension or renewal of this Lease upon the expiration or termination of the Term (as the same may be extended), Landlord’s consent to such holding over shall be deemed given, and Tenant shall not be responsible for payment of holdover rent (but shall continue to be responsible for payment of Base Rent in the amount paid for the final month of the Term), then until 30 days after Tenant’s receipt of written notice from Landlord may, and that negotiations of the extension or renewal of this lease have ceased. Provided Landlord gives Tenant hereby authorizes written notice that Landlord to, make such disposition of such property as Landlord may desire (including retaining any such property) without liability for compensation or damages has leased the Premises to Tenant and Landlord shall in no event be deemed to be a "bailee"; and in the event that such property is the property of someone other than Tenantsubsequent tenant, Tenant shall indemnify, defend, defend and hold Landlord harmless from and against any and all suitsclaims, demands, actions, liabilitylosses, lossdamages, damages (including obligations, costs and expenses, including, without limitation, consequential damages), penalties, fines and expenses (including court costs and attorney's fees) in connection with attorneys’ fees incurred or incident suffered by Landlord by reason of Tenant’s failure to any removal, exercise of dominion over, surrender the Premises on the expiration or disposition of such property by Landlord. The inclusion earlier termination of this paragraph shall not be construed as Landlord's consent Lease in any manner for Tenant to hold overaccordance with the provisions of this Lease.

Holdover. If Tenant shall, with the written consent of Landlord, hold over after the expiration of the term of this Lease, such tenancy shall be deemed a month-to-month tenancy, which tenancy may be terminated as provided by applicable law. During such tenancy, Tenant agrees to pay to Landlord one hundred fifty percent (150%) of the Rent and Additional Rent in effect upon the date of such expiration as stated herein, and to be bound by all of the terms, covenants and conditions herein specified, so far as applicable. Acceptance by Landlord of Rent and Additional Rent after such expiration or earlier termination shall not result in a renewal of this Lease. The foregoing provisions of this Section 25 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 shall remain in possession of the Premises hold over after the expiration or earlier termination of this LeaseLease without the written consent of Landlord, then such occupancy shall be deemed an unlawful detainer of the Premises subject to the applicable laws of the state in which the Building is located and, in addition, Tenant shall be deemed liable for any costs, damages, losses and expenses incurred by Landlord as a tenant-at-will, terminable at any time, and shall pay Rent at 125% result of Tenant's failure to surrender the rate of the Rent prevailing on the date of such termination or expiration, but otherwise shall be subject to all of the terms and obligations of Tenant under Premises in accordance with this Lease. Additionally, Tenant shall pay to Landlord all damages sustained by Landlord on account of such holding over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at the Premises after the expiration or termination of the Term, then Landlord may, and Tenant hereby authorizes Landlord to, make such disposition of such property as Landlord may desire (including retaining any such property) without liability for compensation or damages to Tenant and Landlord shall in no event be deemed to be a "bailee"; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all suits, actions, liability, loss, damages (including without limitation, consequential damages), penalties, fines and expenses (including court costs and attorney's fees) in connection with or incident to any removal, exercise of dominion over, or disposition of such property by Landlord. The inclusion of this paragraph shall not be construed as Landlord's consent in any manner for Tenant to hold over.

Holdover. If Landlord agrees in writing that Tenant shall remain in possession of the Premises after the expiration or earlier termination of this Lease, then Tenant shall be deemed a tenant-at-will, terminable at any time, and shall pay Rent at 125% the rate of the Rent prevailing on the date of such termination or expiration, but otherwise shall be subject to all of the terms and obligations of Tenant under this Lease. Additionally, Tenant shall pay to Landlord all damages sustained by Landlord on account of such holding may hold over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at the Premises -------- after the expiration or termination of this Lease, and Landlord and Tenant do not otherwise agree in writing on the Termterms of such holding over, then the hold over tenancy shall be subject to termination by Landlord mayat any time upon not less than five (5) days advance written notice, or by Tenant at any time upon not less than thirty (30) days advance written notice, and all of the other terms and provisions of this Lease shall be applicable during that period, except that Tenant hereby authorizes shall pay Landlord tofrom time to time upon demand, make such disposition as Base Rent for the period of any hold over, an amount equal to 150% of the Base Rent in effect on the termination date, computed on a daily basis for each day of the hold over period. Such payment shall not release the Tenant from Tenant's obligation to pay Additional Rent and any other sums due under this Lease. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly agreed by Landlord in writing. The foregoing notwithstanding, if Landlord does not agree in writing that Tenant may hold over after the expiration or termination of this Lease, Tenant shall pay the daily Base Rent, Additional Rent and other sums during the period of such property holding over as Landlord may desire (including retaining any such property) without liability for compensation or damages to Tenant set forth above, and Landlord shall in no event be deemed entitled to be a "bailee"; pursue all remedies at law and in the event that such property equity to which Landlord is the property of someone other than Tenantentitled, Tenant shall indemnifyincluding, defend, and hold Landlord harmless from and against any and all suits, actions, liability, loss, damages (including without limitation, consequential rights to ejectment and damages), penalties, fines and expenses (including court costs and attorney's fees) in connection with or incident to any removal, exercise of dominion over, or disposition of such property by Landlord. The inclusion of this paragraph shall not be construed as Landlord's consent in any manner for Tenant to hold over.

Holdover. If Tenant shall remain in possession of the Premises holds over after the expiration or earlier termination of this Lease, Agreement (not including continued occupancy by Tenant in accordance with a successor lease between Tenant and the then Tenant shall be deemed a tenant-at-will, terminable at any time, and shall pay Rent at 125% the rate fee title or master leasehold title holder of the Rent prevailing on Premises), whether with or without the date express or implied consent of such termination or expirationLandlord, but otherwise shall be subject to all of the terms and obligations of Tenant under this Lease. Additionally, Tenant shall pay to Landlord all damages sustained by Landlord on account of such holding over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at the Premises after the expiration or termination of the Term, then Landlord may, and Tenant hereby authorizes Landlord to, make such disposition of such property as Landlord may desire (including retaining any such property) without liability for compensation or damages to Tenant and Landlord shall in no event be deemed to be a "bailee"; tenancy from month-to-month only, and in shall not constitute a renewal or extension of the event that Term. During any such property is the property of someone other than Tenantholdover period, Tenant shall indemnifybe required to pay to Landlord the then-fair market rental value of the Premises. Such holdover shall otherwise be subject to the same terms, conditions, restrictions and provisions as herein contained. Nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as required under this Agreement upon the expiration or other termination of this Agreement (except to the extent that Tenant has the right to continue to possess the Premises pursuant to a successor lease). The provisions of this Section 15.10 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided at law or in equity. If Tenant fails to surrender the Premises upon the termination or expiration of this Agreement (except to the extent that Tenant has the right to continue to possess the Premises pursuant to a successor lease), in addition to any other liabilities to Landlord accruing therefrom, Tenant shall defend, indemnify and hold Landlord harmless from and against any and all suitslosses, actions, liability, loss, damages costs (including reasonable attorneys’ fees), damages, claims and liabilities resulting from such failure, including, without limitation, consequential damages), penalties, fines and expenses (including court costs and attorney's fees) in connection with any claims made by any succeeding tenant or incident buyer arising from such failure to any removal, exercise of dominion over, or disposition of such property by Landlord. The inclusion of this paragraph shall not be construed as Landlord's consent in any manner for Tenant to hold oversurrender.

Holdover. If Tenant shall remain in possession of vacate the Demised Premises after on the expiration or earlier termination of this Lease, then Tenant shall be deemed a tenant-at-will, terminable at any time, reimburse Landlord for and shall pay Rent at 125% the rate of the Rent prevailing on the date of such termination or expiration, but otherwise shall be subject to all of the terms and obligations of Tenant under this Lease. Additionally, Tenant shall pay to Landlord all damages sustained by Landlord on account of such holding over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at the Premises after the expiration or termination of the Term, then Landlord may, and Tenant hereby authorizes Landlord to, make such disposition of such property as Landlord may desire (including retaining any such property) without liability for compensation or damages to Tenant and Landlord shall in no event be deemed to be a "bailee"; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend, indemnify and hold Landlord harmless from and against any and all suitsdamages, actionsclaims, liability, loss, damages (including without limitation, consequential damages)losses, penalties, fines charges, and expenses (including court costs and attorney's reasonable attorneys' fees) incurred by Landlord resulting from any delay by Tenant in connection with vacating the Demised Premises, If Tenant does not vacate the Demised Premises upon the expiration or incident earlier termination of the Lease, Tenant's occupancy of the Demised Premises shall be a tenancy at sufferance, subject to any removalall the terms of this Lease applicable to a tenancy at sufferance, exercise except that the "Base Rent” (as hereinafter defined) then in effect shall be equal to one hundred fifty percent (150%) of dominion over, the Base Rent in effect immediately prior to the expiration or disposition earlier termination of such property by Landlordthis Lease. The inclusion of Nothing contained in this paragraph shall not be construed as Landlord's consent in by Landlord to any manner for holding over by Tenant of the Demised Premises, and Landlord expressly reserves the right to require Tenant to hold oversurrender possession of the Demised Premises to Landlord upon the expiration or earlier termination of the Lease.

Holdover. If Tenant or anyone claiming under Tenant shall remain in possession of the Premises or any part thereof after the expiration or earlier prior termination of this Leasethe Lease Term without any agreement in writing between Landlord and Tenant with respect thereto, then Tenant then, prior to the acceptance of any payments for Rent or use and occupancy by Landlord, the person remaining in possession shall be deemed a tenant-at-will, terminable at any time, sufferance. Landlord and shall pay Rent at 125% Tenant hereby acknowledge that Landlord may need the rate Premises after the expiration or prior termination of the Rent prevailing on Lease Term for other tenants and that the date damages which Landlord may suffer as the result of such termination or expiration, but otherwise shall Tenant’s holding-over cannot be subject to all determined as of the terms and obligations Effective Date of Tenant under this Lease. AdditionallyTherefore, in the event that Tenant so holds over, Tenant shall pay to Landlord in addition to all rental and other charges due and accrued under the Lease prior to the date of termination, the Applicable Holdover Charge (as defined below) for each month or portion thereof that Tenant retains possession of the Premises, or any portion thereof, after the expiration or earlier termination of the Lease Term (without reduction for any partial month that Tenant retains possession). Without limiting the foregoing, Tenant shall also pay all damages sustained by Landlord on account by reason of such retention of possession. The provisions of this Section 17.3 shall not constitute a waiver by Landlord of any re-entry rights of Landlord. As used herein, “Applicable Holdover Charge” shall mean 150% of the monthly Rent payable for the month immediately preceding the holding over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at the Premises after the expiration or termination of the Term, then Landlord may, and Tenant hereby authorizes Landlord to, make such disposition of such property as increases for Operating Expenses which Landlord may desire (including retaining any such property) without liability for compensation or damages to Tenant and Landlord shall in no event be deemed to be a "bailee"; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all suits, actions, liability, loss, damages (including without limitation, consequential damagesreasonably estimate), penalties, fines and expenses (including court costs and attorney's fees) in connection with or incident to any removal, exercise of dominion over, or disposition of such property by Landlord. The inclusion of this paragraph shall not be construed as Landlord's consent in any manner for Tenant to hold over.

Holdover. If Landlord agrees in writing that Tenant shall remain in possession of the Premises may hold over after the expiration or earlier termination of this Lease, then Tenant unless the parties hereto otherwise agree in writing as to the terms of such holding over, the holdover tenancy shall be deemed subject to termination by Landlord or Tenant at any time upon not less than thirty (30) days' prior written notice. If Tenant holds over without the consent of Landlord, the same shall be a tenant-at-will, tenancy at will terminable at any time, and Tenant shall pay Rent at 125% the rate be liable to Landlord 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 any successor tenant of the Rent prevailing on the date of such termination or expiration, but otherwise shall be subject Premises to all whom Landlord could not deliver possession of the terms and obligations of Tenant under this LeasePremises when promised. AdditionallyDuring any holdover tenancy, whether with or without 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 damages sustained Additional Rent and other sums payable under this Lease, and be bound by Landlord on account of such all the terms, covenants and conditions specified in this Lease, as so far applicable. No holding over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at the Premises after the expiration or termination of the Term, then Landlord may, and Tenant hereby authorizes Landlord to, make such disposition of such property as Landlord may desire (including retaining any such property) without liability for compensation or damages to Tenant and Landlord shall in no event be deemed to be a "bailee"; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all suits, actions, liability, loss, damages (including without limitation, consequential damages), penalties, fines and expenses (including court costs and attorney's fees) in connection whether with or incident without consent of Landlord, shall operate to any removal, exercise of dominion over, or disposition of such property by Landlordextend this Lease. The inclusion preceding provisions of this paragraph Paragraph 3.6 shall not be construed as Landlord's consent in to any manner for Tenant to hold overholding over by Tenant.

Holdover. Any holding over by Tenant of the demised premises after the expiration of this lease shall operate and be construed to be a tenancy from month to month only, at the same monthly rate of rent then in effect and other charges payable hereunder for the lease term, and upon all of the other covenants and agreements contained in this lease. If Tenant continues to hold over after a written demand by Landlord for possession at the expiration of this lease or after termination by either party of a month-to-month tenancy created pursuant to this Section, or after termination of the lease or of Tenant's right to possession pursuant to any other section hereof, Tenant shall remain in Day monthly rental at a rate equal to double the rate of rent payable hereunder immediately prior to the expiration or other termination of the lease or Tenant's right to possession and all other reasonable damages sustained by Landlord resulting from Tenant's possession of the Premises after the expiration demised premises, or earlier termination of any part thereof. Nothing contained in this Lease, then Tenant Section 24.3 shall be deemed a tenant-at-will, terminable construed to give Tenant the right to hold over at any time, and shall pay Rent at 125% the rate of the Rent prevailing on the date of such termination or expiration, but otherwise shall be subject to all of the terms and obligations of Tenant under this Lease. Additionally, Tenant shall pay to Landlord all damages sustained by Landlord on account of such holding over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at the Premises after the expiration or termination of the Term, then Landlord may, and Tenant hereby authorizes Landlord to, make such disposition of such property as Landlord may desire (including retaining any such property) without liability for compensation or damages to Tenant and Landlord shall in no event be deemed to be a "bailee"; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend, and hold Landlord harmless from and against exercise any and all suitsremedies at law or in equity to recover possession of the demised premises, actions, liability, loss, as well as any damages (including without limitation, consequential damages), penalties, fines incurred by Landlord due to Tenant's failure to vacate the demised premises and expenses (including court costs and attorney's fees) in connection with or incident deliver possession to any removal, exercise of dominion over, or disposition of such property by Landlord. The inclusion of this paragraph shall not be construed Landlord as Landlord's consent in any manner for Tenant to hold overherein provided.

Holdover. If Tenant shall remain in possession of the Premises holds over after the expiration or earlier termination of this Lease, Agreement (not including continued occupancy by Tenant in accordance with a successor lease between Tenant and the then Tenant shall be deemed a tenant-at-will, terminable at any time, and shall pay Rent at 125% the rate fee title or master leasehold title holder of the Rent prevailing on Premises), whether with or without the date express or implied consent of such termination or expirationLandlord, but otherwise shall be subject to all of the terms and obligations of Tenant under this Lease. Additionally, Tenant shall pay to Landlord all damages sustained by Landlord on account of such holding over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at the Premises after the expiration or termination of the Term, then Landlord may, and Tenant hereby authorizes Landlord to, make such disposition of such property as Landlord may desire (including retaining any such property) without liability for compensation or damages to Tenant and Landlord shall in no event be deemed to be a "bailee"; tenancy from month-to-month only, and in shall not constitute a renewal or extension of the event that Term. During any such property is the property of someone other than Tenantholdover period, Tenant shall indemnifybe required to pay to Landlord the then- fair market rental value of the Premises. Such holdover shall otherwise be subject to the same terms, conditions, restrictions and provisions as herein contained. Nothing contained herein shall be construed as consent by Landlord to any holding over by Xxxxxx, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as required under this Agreement upon the expiration or other termination of this Agreement (except to the extent that Tenant has the right to continue to possess the Premises pursuant to a successor lease). The provisions of this Section 15.10 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided at law or in equity. If Tenant fails to surrender the Premises upon the termination or expiration of this Agreement (except to the extent that Tenant has the right to continue to possess the Premises pursuant to a successor lease), in addition to any other liabilities to Landlord accruing therefrom, Tenant shall defend, indemnify and hold Landlord harmless from and against any and all suitslosses, actions, liability, loss, damages costs (including reasonable attorneys’ fees), damages, claims and liabilities resulting from such failure, including, without limitation, consequential damages), penalties, fines and expenses (including court costs and attorney's fees) in connection with any claims made by any succeeding tenant or incident buyer arising from such failure to any removal, exercise of dominion over, or disposition of such property by Landlord. The inclusion of this paragraph shall not be construed as Landlord's consent in any manner for Tenant to hold oversurrender.

Holdover. 16.01. If Tenant or any approved assignee or sublessee shall remain in possession of continue to occupy the Demised Premises after the expiration or earlier termination of this Lease without the prior written consent of the Landlord, Tenant, at the option of Landlord, shall be deemed to be occupying the Demised Premises as a tenant from month to month, at a monthly Rent equal to the then fair market rent, as solely determined by a broker of the Landlord's choosing plus all charges, costs, fees, expenses, claims and damages incurred by the Landlord as a result of Tenant's failure to surrender the Demised Premises upon termination of this Lease, then Tenant shall be deemed a tenant-at-will, terminable at any time, and shall pay Rent at 125% the rate of the Rent prevailing on the date of such termination or expiration, but otherwise shall be subject to all of the other terms and obligations conditions of Tenant under this LeaseLease insofar as the same are applicable to a month-to-month tenancy. Additionally, Tenant shall pay to Landlord all damages sustained by Landlord on account of such holding over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at the Premises after the expiration or termination of the Term, then Landlord may, and Tenant hereby authorizes Landlord to, make such disposition of such property as Landlord may desire (including retaining any such property) without liability for compensation or damages agrees to Tenant and Landlord shall in no event be deemed to be a "bailee"; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend, indemnify and hold harmless the Landlord harmless against and from and against any and all suitsliabilities, actionsobligations, liabilitydamages, lossclaims, damages (costs, charges and expenses, including without limitation, consequential damages)but not limited to, penalties, fines and expenses (including fines, court costs and attorney's fees) fees incurred in connection with or incident to arising from any removal, exercise cause in connection with Tenant's occupation of dominion over, the Demised Premises after the Termination Date or disposition of such property by Landlord. The inclusion sooner termination of this paragraph Lease, including, but not limited to, any claims made by a succeeding tenant founded on such delay. Acceptance by the Landlord of Rent after such termination shall not be construed as constitute a renewal of this Lease or a consent to such occupancy, nor shall it waive the Landlord's consent in right to re-entry or any manner for Tenant to hold overother right contained herein.

Holdover. If Tenant shall, with the written consent of Landlord, -------- hold over after the expiration of the term of this Lease, such tenancy shall be deemed a month-to-month tenancy, which tenancy may be terminated as provided by applicable law. During such tenancy, Tenant agrees to pay to Landlord one hundred thirty-five percent (135%) of the Rent and Additional Rent in effect upon the date of such expiration as stated herein, and to be bound by all of the terms, covenants and conditions herein specified, so far as applicable. Acceptance by Landlord of Rent and Additional Rent after such expiration or earlier termination shall not result in a renewal of this Lease. The foregoing provisions of this Section 25 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 shall remain in possession of the Premises hold over after the expiration or earlier termination of this LeaseLease without the written consent of Landlord, then such occupancy shall be deemed an unlawful detainer of the Premises subject to the applicable laws of the state in which the Building is located and, in addition, Tenant shall be deemed liable for any costs, damages, losses and expenses incurred by Landlord as a tenant-at-will, terminable at any time, and shall pay Rent at 125% result of Tenant's failure to surrender the rate of the Rent prevailing on the date of such termination or expiration, but otherwise shall be subject to all of the terms and obligations of Tenant under Premises in accordance with this Lease. Additionally, Tenant shall pay to Landlord all damages sustained by Landlord on account of such holding over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at the Premises after the expiration or termination of the Term, then Landlord may, and Tenant hereby authorizes Landlord to, make such disposition of such property as Landlord may desire (including retaining any such property) without liability for compensation or damages to Tenant and Landlord shall in no event be deemed to be a "bailee"; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all suits, actions, liability, loss, damages (including without limitation, consequential damages), penalties, fines and expenses (including court costs and attorney's fees) in connection with or incident to any removal, exercise of dominion over, or disposition of such property by Landlord. The inclusion of this paragraph shall not be construed as Landlord's consent in any manner for Tenant to hold over.

Holdover. If Landlord agrees in writing that Tenant shall remain in possession of the Premises after the expiration or earlier termination of this Lease, then Tenant shall be deemed a tenant-at-will, terminable at any time, and shall pay Rent at 125% the rate of the Rent prevailing on the date of such termination or expiration, but otherwise shall be subject to all of the terms and obligations of Tenant under this Lease. Additionally, Tenant shall pay to Landlord all damages sustained by Landlord on account of such holding may hold over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at the Premises after the expiration or termination of this Lease, and Landlord and Tenant do not otherwise agree in writing on the Termterms of such holding over, then the hold over tenancy shall be subject to termination by Landlord mayat any time upon not less than thirty (30) days advance written notice, or by Tenant at any time upon not less than thirty (30) days advance written notice, and all of the other terms and provisions of this Lease shall be applicable during that period, except that Tenant hereby authorizes shall pay Landlord tofrom time to time upon demand, make such disposition as Base Rent for the period of any hold over, an amount equal to 150% of the Base Rent in effect on the termination date, computed on a daily basis for each day of the hold over period. Such payment shall not release the Tenant from Tenant's obligation to pay Additional Rent and any other sums due under this Lease. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly, agreed by Landlord in writing. The foregoing notwithstanding, if Landlord does not agree in writing that Tenant may hold over after the expiration or termination of this Lease. Tenant shall pay the daily Base Rent, Additional Rent and other sums during the period of such property holding over as Landlord may desire (including retaining any such property) without liability for compensation or damages to Tenant set forth above, and Landlord shall in no event be deemed entitled to be a "bailee"; pursue all remedies at law and in the event that such property equity to which Landlord is the property of someone other than Tenantentitled, Tenant shall indemnifyincluding, defend, and hold Landlord harmless from and against any and all suits, actions, liability, loss, damages (including without limitation, consequential rights to ejectment and damages), penalties, fines and expenses (including court costs and attorney's fees) in connection with or incident to any removal, exercise of dominion over, or disposition of such property by Landlord. The inclusion of this paragraph shall not be construed as Landlord's consent in any manner for Tenant to hold over.

Holdover. If Tenant shall, with the written consent of Landlord, hold over after the expiration of the term of this Lease, such tenancy shall be deemed a month-to-month tenancy, which tenancy may be terminated as provided by applicable law. During such tenancy, Tenant agrees to pay to Landlord the greater of (a) the then quoted rates for similar space in the Building or (b) ONE HUNDRED TEN PERCENT (110%) of the Rent and Additional Rent in effect upon the date of such expiration as stated herein, and to be bound by all of the terms, covenants and conditions herein specified, so far as applicable. Acceptance by Landlord of Rent and Additional Rent after such expiration or earlier termination shall not result in a renewal of this Lease. The foregoing provisions of this Section 25 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 shall remain in possession of the Premises hold over after the expiration or earlier termination of this LeaseLease without the written consent of Landlord, then such occupancy shall be deemed an unlawful detainer of the Premises subject to the applicable laws of the state in which the Building is located and, in addition, Tenant shall be deemed liable for any costs, damages, losses and expenses incurred by Landlord as a tenant-at-will, terminable at any time, and shall pay Rent at 125% result of Tenant's failure to surrender the rate of the Rent prevailing on the date of such termination or expiration, but otherwise shall be subject to all of the terms and obligations of Tenant under Premises in accordance with this Lease. Additionally, Tenant shall pay to Landlord all damages sustained by Landlord on account of such holding over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at the Premises after the expiration or termination of the Term, then Landlord may, and Tenant hereby authorizes Landlord to, make such disposition of such property as Landlord may desire (including retaining any such property) without liability for compensation or damages to Tenant and Landlord shall in no event be deemed to be a "bailee"; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all suits, actions, liability, loss, damages (including without limitation, consequential damages), penalties, fines and expenses (including court costs and attorney's fees) in connection with or incident to any removal, exercise of dominion over, or disposition of such property by Landlord. The inclusion of this paragraph shall not be construed as Landlord's consent in any manner for Tenant to hold over.

Holdover. (a) If Tenant shall remain in possession of any portion of the Premises after the expiration or earlier termination of this Leaselease, then Tenant shall be deemed a tenant-at-will, terminable at any time, holdover tenant and shall pay Rent be liable to Landlord for rent, or a charge in respect of use and occupancy, at 125a per diem rate computed at 150% of the rate of Fixed Rent and Additional Charges payable by Tenant during the Rent prevailing on last year of the (b) Notwithstanding the date foregoing, the acceptance of such termination any rent paid by Tenant pursuant to Section 34.01(a) above shall not preclude Landlord from commencing and prosecuting a holdover or expirationsummary eviction proceeding, but otherwise and the preceding sentence shall be subject deemed to all be an "agreement expressly providing otherwise" within the meaning of Section 223-c of the terms and obligations Real Property Law of Tenant under this Lease. Additionally, the State of New York. (c) If Tenant shall pay to Landlord all damages sustained by Landlord on account remain in possession of such holding over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at portion of the Premises after the expiration or earlier termination of the Termthis lease, then Tenant shall be subject not only to summary proceeding and all damages related thereto, but also to any damages arising out of any lost opportunities (and/or new leases) by Landlord may, and Tenant hereby authorizes to re-let the Premises (or any part thereof). All damages to Landlord to, make such disposition by reason of such property as Landlord holding over by Tenant may desire (including retaining any such property) without liability for compensation or damages to Tenant be the subject of a separate action and Landlord shall in no event be deemed to be a "bailee"; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all suits, actions, liability, loss, damages (including without limitation, consequential damages), penalties, fines and expenses (including court costs and attorney's fees) in connection with or incident to any removal, exercise of dominion over, or disposition of such property by Landlord. The inclusion of this paragraph shall need not be construed as Landlord's consent asserted by Landlord in any manner for Tenant to hold oversummary proceedings against Tenant.

Holdover. If Tenant shall remain in possession of the Premises holds over after the expiration or earlier termination of this LeaseSublease, then Tenant with or without the express or implied consent of Landlord, such holding over shall not constitute a renewal hereof or an extension for any further term, and in such case Rent shall be deemed payable at a tenant-at-will, terminable at any time, and shall pay Rent at 125% the monthly rate equal to one hundred fifty percent (150%) of the Rent prevailing on applicable during the date last rental period of such termination or expiration, but otherwise the term under this Sublease. Such holdover tenancy shall be subject to all every other applicable term, covenant and agreement contained herein. Nothing contained in this Section XXIV shall be construed a consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the terms and obligations of Tenant under this Lease. Additionally, Tenant shall pay Premises to Landlord all damages sustained by as provided in this Lease upon the expiration or other termination of this Sublease. Tenant acknowledges that the term of the Prime Lease is scheduled to expire co-terminus with the term of this Sublease, and as such, Landlord on account of such is not in a position to grant or consent to any holding over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at the Premises after the expiration or termination The provisions of the Term, then Landlord may, and Tenant hereby authorizes Landlord to, make such disposition of such property as Landlord may desire (including retaining any such property) without liability for compensation or damages to Tenant and Landlord this Section XXIV shall in no event not be deemed to be limit or constitute a "bailee"; and in the event that such property is the property waiver of someone any other than Tenantrights or remedies of Landlord provided herein or at law. In addition, Tenant shall indemnify, defend, and hold Landlord harmless from and against be responsible for any and all suitsdamages suffered by Landlord, actionsincluding, liability, loss, damages (including without limitation, consequential damages), penalties, fines and expenses damages or costs resulting from actions initiated by third parties (including court costs and attorney's feesthe Prime Landlord) in connection with or incident to any removal, exercise as a result of dominion over, or disposition of such property by Landlord. The inclusion of this paragraph shall not be construed as Landlord's consent in any manner for Tenant to hold said holding over.

Holdover. If Tenant shall remain in possession of vacate the Demised Premises after on the expiration or earlier termination of this Lease, then . Tenant shall be deemed a tenant-at-will, terminable at any time, reimburse Landlord for and shall pay Rent at 125% the rate of the Rent prevailing on the date of such termination or expiration, but otherwise shall be subject to all of the terms and obligations of Tenant under this Lease. Additionally, Tenant shall pay to Landlord all damages sustained by Landlord on account of such holding over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at the Premises after the expiration or termination of the Term, then Landlord may, and Tenant hereby authorizes Landlord to, make such disposition of such property as Landlord may desire (including retaining any such property) without liability for compensation or damages to Tenant and Landlord shall in no event be deemed to be a "bailee"; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend, indemnify and hold Landlord harmless from and against any and all suitsdamages, actionsclaims, liability, loss, damages (including without limitation, consequential damages)losses, penalties, fines charges, and expenses (including court costs and attorney's reasonable attorneys’ fees) incurred by Landlord resulting from any delay by Tenant in connection with vacating the Demised Premises. If Tenant does not vacate the Demised Premises upon the expiration or incident earlier termination of the Lease, Tenant’s occupancy of the Demised Premises shall be a tenancy at sufferance, subject to any removalall the terms of this Lease applicable to a tenancy at sufferance, exercise except that the “Base Rent” (as hereinafter defined) then in effect shall be equal to one hundred fifty percent (150%) of dominion over, the Base Rent in effect immediately prior to the expiration or disposition earlier termination of such property by Landlordthis Lease. The inclusion of Nothing contained in this paragraph shall not be construed as Landlord's consent in by Landlord to any manner for holding over by Tenant of the Demised Premises, and Landlord expressly reserves the right to require Tenant to hold oversurrender possession of the Demised Premises to Landlord upon the expiration or earlier termination of the Lease.

Holdover. If Tenant shall remain in possession of the Premises after is not authorized to hold over beyond the expiration or earlier termination of this Lease, then the Lease Term. Tenant shall be deemed a tenantmonth-atto-willmonth tenant during any holdover. During a holdover tenancy, terminable at any time, and shall pay Rent at 125% (a) for the rate of the Rent prevailing on the date of such termination or expiration, but otherwise shall be subject to all of the terms and obligations of Tenant under this Lease. Additionallyfirst month, Tenant shall pay to Landlord all damages sustained by Landlord 150% of the rate of Base Rent in effect on account of such holding over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at the Premises after the expiration or termination of the Term, then Landlord mayLease Term plus all Additional Rent and other sums payable under this Lease, and (b) for the second and each subsequent month, Tenant hereby authorizes shall pay to Landlord 200% of the rate of Base Rent in effect on the expiration or termination of the Lease Term plus all Additional Rent and other sums payable under this Lease, and in any event Tenant shall be bound by all of the other covenants and conditions specified in this Lease, so far as applicable to a month-to-month tenancy. If the Landlord does not consent to the Tenant’s remaining in possession, make such disposition of such property as Landlord may desire (including retaining any such property) without liability for compensation or damages to Tenant and Landlord shall in no event be deemed have all the rights and remedies provided for by law and this Lease, including the right to be a "bailee"; and recover consequential damages suffered by Landlord in the event that such property is of Tenant’s wrongful refusal to relinquish possession of the property Premises. Notwithstanding the foregoing, no consequential damages may be recovered by Landlord arising out of someone other than Tenant, Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all suits, actions, liability, loss, damages ’s holdover for the first thirty (including without limitation, consequential damages), penalties, fines and expenses (including court costs and attorney's fees30) in connection with or incident to any removal, exercise days after the termination of dominion over, or disposition of such property by Landlord. The inclusion of this paragraph shall not be construed as Landlord's consent in any manner for Tenant to hold overthe Lease Term.

Holdover. If Tenant shall, with the written consent of Landlord, hold -------- over after the expiration of the term of this Lease, such tenancy shall be deemed a month-to-month tenancy, which tenancy may be terminated as provided by applicable law. During such tenancy, Tenant agrees to pay to Landlord one hundred thirty-five percent (135%) of the Rent and Additional Rent in effect upon the date of such expiration as stated herein, and to be bound by all of the terms, covenants and conditions herein specified, so far as applicable. Acceptance by Landlord of Rent and Additional Rent after such expiration or earlier termination shall not result in a renewal of this Lease. The foregoing provisions of this Section 25 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 shall remain in possession of the Premises hold over after the expiration or earlier termination of this LeaseLease without the written consent of Landlord, then such occupancy shall be deemed an unlawful detainer of the Premises subject to the applicable laws of the state in which the Building is located and, in addition, Tenant shall be deemed liable for any costs, damages, losses and expenses incurred by Landlord as a tenant-at-will, terminable at any time, and shall pay Rent at 125% result of Tenant's failure to surrender the rate of the Rent prevailing on the date of such termination or expiration, but otherwise shall be subject to all of the terms and obligations of Tenant under Premises in accordance with this Lease. Additionally, Tenant shall pay to Landlord all damages sustained by Landlord on account of such holding over by Tenant. If any property (including trade fixtures) belonging to Tenant remains at the Premises after the expiration or termination of the Term, then Landlord may, and Tenant hereby authorizes Landlord to, make such disposition of such property as Landlord may desire (including retaining any such property) without liability for compensation or damages to Tenant and Landlord shall in no event be deemed to be a "bailee"; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all suits, actions, liability, loss, damages (including without limitation, consequential damages), penalties, fines and expenses (including court costs and attorney's fees) in connection with or incident to any removal, exercise of dominion over, or disposition of such property by Landlord. The inclusion of this paragraph shall not be construed as Landlord's consent in any manner for Tenant to hold over.