Common use of Hold Over Clause in Contracts

Hold Over. If Tenant (or anyone claiming by, through or under Tenant) shall remain in occupancy of the Premises or any part thereof after the expiration or early termination of the Term without a written agreement therefor executed and delivered by Landlord, then without limiting Landlord’s other rights and remedies the person remaining in possession shall be deemed a tenant at sufferance, and Tenant shall thereafter pay a monthly use and occupancy charge (pro-rated for such portion of any partial month as Tenant (or anyone claiming by, through or under Tenant) shall remain in possession) at a rate equal to the greater of (a) the Fair Market Rent for the Premises (which, notwithstanding anything to the contrary contained in this Lease, shall be deemed the rent then being quoted by Landlord for the Premises (or any portion thereof) or comparable space in the Building, if the Premises (or any portion thereof) or any such space is then being marketed by Landlord), or (b) one hundred and fifty percent (150%) of the monthly amount payable as Base Rent for the 12-month period immediately preceding such expiration or termination, and in either case with all Additional Rent also payable as provided in this Lease. No acceptance by Landlord of any payment by Tenant pursuant to this Section shall constitute Tenant (or anyone claiming by, through or under Tenant) as a tenant at will, but Tenant or such other person or entity shall remain a tenant at sufferance subject to all of the provisions of this Lease. If Landlord desires to regain possession of the Premises at any time Tenant (or anyone claiming by, through or under Tenant) is holding over, Landlord may, at its option, forthwith re-enter and take possession of the Premises or any part thereof by any lawful, means. In any case, and notwithstanding the provisions of Section 16.10(b) to the contrary, Tenant shall be liable to Landlord for all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) resulting from any failure by Tenant (or anyone claiming by, through or under Tenant) to vacate the Premises or any portion thereof when required hereunder, and shall hold Landlord, its agents and employees, harmless and defend and indemnify Landlord, its agents and employees, from and against any and all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) which Landlord may pay, incur or suffer on account of any such hold-over in the Premises after the expiration or earlier termination of the Term.

Hold Over. If Tenant (or anyone claiming by, through or under Tenant) shall remain in occupancy of fails to surrender the Premises or any part thereof on the day after the expiration or early termination of the Term without a written agreement therefor executed and delivered by LandlordTerm, then without limiting Tenant shall, at Landlord’s other rights and remedies 's election, become a Tenant at sufferance at a monthly rental equal to twice the person remaining in possession shall be deemed Monthly Base Rent for the last month of the Term. Tenant, as a tenant at sufferance, and Tenant shall thereafter pay a monthly use and occupancy charge (pro-rated for such portion of any partial month as Tenant (or anyone claiming by, through or under Tenant) shall remain in possession) at a rate equal to the greater of (a) the Fair Market Rent for the Premises (which, notwithstanding anything to the contrary contained in this Lease, shall be deemed the rent then being quoted by Landlord for the Premises (or any portion thereof) or comparable space in the Building, if the Premises (or any portion thereof) or any such space is then being marketed by Landlord), or (b) one hundred and fifty percent (150%) of the monthly amount payable as Base Rent for the 12-month period immediately preceding such expiration or termination, and in either case with all Additional Rent also payable as provided in this Lease. No acceptance by Landlord of any payment by Tenant pursuant to this Section shall constitute Tenant (or anyone claiming by, through or under Tenant) as a tenant at will, but Tenant or such other person or entity shall remain a tenant at sufferance subject to all of the provisions conditions and covenants of this LeaseLease (including payment of Percentage Rent and Additional Rent) as though the tenancy had originally been a monthly tenancy. If Landlord desires During any holdover period, each party shall give to regain possession the other at least thirty (30) days' prior written notice to quit the Premises, except in the event of a nonpayment of Monthly Base Rent, Percentage Rent or of Additional Rent when due, or of the Premises at breach of any time other covenant by the Tenant, in either of which events Tenant shall not be entitled to any notice to quit, the usual thirty (or anyone claiming by30) day's notice to quit being expressly waived. The foregoing notwithstanding, through or under Tenant) is holding overin the event Tenant shall hold over after expiration of the Term, Landlord mayLandlord, at its optionelection or option (and in lieu of accepting such holdover thereof), forthwith may re-enter and take possession of the Premises forthwith, without process, or any part thereof by any lawfullegal action or process in force in the jurisdiction in which the Building is located. Further, means. In in the event of any case, and notwithstanding the provisions of Section 16.10(b) such holdover to the contrarywhich Landlord objects, Tenant shall be liable to Landlord for all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) resulting from any failure by Tenant (or anyone claiming by, through or under Tenant) to vacate other tenants with an interest in the Premises or for any portion thereof when required hereunderand all damages incurred as a result of such holdover, and shall hold Landlordin addition pay to Landlord the reasonable value of its use of the Premises, its agents and employees, harmless and defend and indemnify Landlord, its agents and employees, from and against any and all claims, liabilities, damages, losses or costs which is hereby agreed to be two hundred percent (including reasonable attorneys’ fees and costs200%) which Landlord may pay, incur or suffer on account of any such hold-over in the Premises after Rent under this Lease during the expiration or earlier termination last month of the Term.

Hold Over. If Tenant (or anyone claiming by, through or under Tenant) shall remain in occupancy not immediately surrender the Premises the day after the end of the Premises or any part thereof after the expiration or early termination of the Term without a written agreement therefor executed and delivered by Landlordterm hereby created, then without limiting Tenant shall, by virtue of this agreement, become, at Landlord’s other rights and remedies the person remaining in possession shall be deemed 's option, either (a) a tenant at sufferance, and Tenant shall thereafter pay a monthly use and occupancy charge (pro-rated for such portion of any partial month as Tenant (or anyone claiming by, through or under Tenant) shall remain in possession) at a rate equal to the greater of (a) the Fair Market Rent for the Premises (which, notwithstanding anything to the contrary contained in this Lease, shall be deemed the rent then being quoted by Landlord for the Premises (or any portion thereof) or comparable space in the Building, if the Premises (or any portion thereof) or any such space is then being marketed by Landlord), or (b) a tenant from month-to-month. In either of such events, rent shall be payable at a monthly or daily rate, as the case may be, of one hundred and fifty percent (150%) one- half the Minimum Rent and Additional Rental payable by Tenant immediately prior to the expiration or termination of the monthly amount payable as Base Rent for term, with said tenancy to commence on the 12-month period immediately preceding such expiration or termination, first day after the end of the term above demised; and in either case with all Additional Rent also payable as provided in this Lease. No acceptance by Landlord of any payment by Tenant pursuant to this Section said tenancy shall constitute Tenant (or anyone claiming by, through or under Tenant) as a tenant at will, but Tenant or such other person or entity shall remain a tenant at sufferance be subject to all of the provisions conditions and covenants of this Lease insofar as such covenants and conditions are applicable thereto. Nothing contained in this Lease shall be construed as a consent by Landlord to the occupancy or possession of the Premises after the expiration of the term of this Lease. If Landlord desires fails to make an election under clause (a) or (b) within ten (10) days after the expiration or termination of the term, the hold-over tenancy shall be deemed to be a tenancy from month-to-month. If Tenant holds over as a month-to-month tenant, each party hereto shall give to the other at least thirty (30) days' written notice to quit the Premises (any right to a longer notice period being hereby expressly waived), except in the event of non-payment of rent in advance or of the other Additional Rents provided for herein when due, or of the breach 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 expressly waived; provided, however, that in the event Tenant shall hold over after expiration of the term hereby created, and if Landlord shall desire to regain possession of said Premises promptly at the Premises expiration of the term aforesaid, then at any time Tenant prior to the date Landlord makes (or anyone claiming by, through or is deemed to have made) its election under Tenantclause (b) is holding overof this Article 29, Landlord may, at its option, forthwith may re-enter and take possession of the Premises forthwith, without process, or any part thereof by any lawfullegal action or process in force in the state in which the Premises is located; provided, means. In however, that if Landlord has accepted rent for any case, period beyond the expiration of the term and notwithstanding Tenant is not then in default under any of the provisions of Section 16.10(b) this Lease, Landlord shall promptly refund to the contrary, Tenant shall be liable an amount equal to any excess rental received by Landlord for all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) resulting from with respect to any failure by Tenant (or anyone claiming by, through or under Tenant) period after Landlord exercises its right to vacate re-enter the Premises or any portion thereof when required hereunder, and shall hold Landlord, its agents and employees, harmless and defend and indemnify Landlord, its agents and employees, from and against any and all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) which Landlord may pay, incur or suffer on account of any such hold-over in the Premises after the expiration or earlier termination of the Termunder this Article 29.

Hold Over. If Tenant (or anyone claiming by, through or under Tenant) shall remain in occupancy not immediately surrender the Premises the day after the end of the Premises or any part thereof after the expiration or early termination of the Term without a written agreement therefor executed and delivered by Landlordterm hereby created, then without limiting Tenant shall, by virtue of this Lease, become, at Landlord’s other rights and remedies the person remaining in possession shall be deemed 's option, either (a) a tenant at sufferance, and Tenant shall thereafter pay a monthly use and occupancy charge (pro-rated for such portion of any partial month as Tenant (or anyone claiming by, through or under Tenant) shall remain in possession) at a rate equal to the greater of (a) the Fair Market Rent for the Premises (which, notwithstanding anything to the contrary contained in this Lease, shall be deemed the rent then being quoted by Landlord for the Premises (or any portion thereof) or comparable space in the Building, if the Premises (or any portion thereof) or any such space is then being marketed by Landlord), or (b) one hundred a tenant from month-to-month. In either of such events, rent shall be payable at a monthly or daily rate, as the case may be, of triple the Minimum Rent and fifty percent (150%) Additional Rent payable by Tenant immediately prior to the expiration or termination of the monthly amount payable as Base Rent for term, with said tenancy to commence on the 12-month period immediately preceding such expiration or termination, first day after the end of the term above demised; and in either case with all Additional Rent also payable as provided in this Lease. No acceptance by Landlord of any payment by Tenant pursuant to this Section said tenancy shall constitute Tenant (or anyone claiming by, through or under Tenant) as a tenant at will, but Tenant or such other person or entity shall remain a tenant at sufferance be subject to all of the provisions conditions and covenants of this Lease insofar as such covenants and conditions are applicable thereto. Nothing contained in this Lease shall be construed as a consent by Landlord to the occupancy or possession of the Premises after the expiration of the term of this Lease. If Landlord desires fails to make an election under clause (a) or (b) within ten (10) days after the expiration or termination of the term, the hold-over tenancy shall be deemed to be a tenancy from month-to-month. If Tenant holds over as a month-to-month tenant, each party hereto shall give to the other at least thirty (30) days written notice to quit the Premises (any right to a longer notice period being hereby expressly waived), except in the event of non-payment of rent in advance or of the other Additional Rents provided for herein when due, or of the breach 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 expressly waived; provided, however, that in the event Tenant shall hold over after expiration of the term hereby created, and if Landlord shall desire to regain possession of said Premises promptly at the Premises expiration of the term aforesaid, then at any time Tenant prior to the date Landlord makes (or anyone claiming by, through or is deemed to have made) its election under Tenantclause (b) is holding overof this Section, Landlord may, at its option, forthwith may re-enter and take possession of the Premises forthwith, without process, or any part thereof by any lawfullegal action or process in force in the state in which the Premises is located; provided, means. In however, that if Landlord has accepted rent for any case, period beyond the expiration of the term and notwithstanding Tenant is not then in default under any of the provisions of Section 16.10(b) this Lease, Landlord shall promptly refund to the contrary, Tenant shall be liable an amount equal to any excess rental received by Landlord for all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) resulting from with respect to any failure by Tenant (or anyone claiming by, through or under Tenant) period after Landlord exercises its right to vacate re-enter the Premises or any portion thereof when required hereunder, and shall hold Landlord, its agents and employees, harmless and defend and indemnify Landlord, its agents and employees, from and against any and all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) which Landlord may pay, incur or suffer on account of any such hold-over in the Premises after the expiration or earlier termination of the Termunder this Section.

Hold Over. If Tenant (or anyone claiming by, through or under Tenant) shall remain in occupancy not immediately surrender the Premises the day after the end of the Premises or any part thereof after the expiration or early termination of the Term without a written agreement therefor executed and delivered by Landlordterm hereby created, then without limiting Tenant shall, by virtue of this agreement, become, at Landlord’s other rights and remedies the person remaining in possession shall be deemed option, either (a) a tenant at sufferance, and Tenant shall thereafter pay a monthly use and occupancy charge (pro-rated for such portion of any partial month as Tenant (or anyone claiming by, through or under Tenant) shall remain in possession) at a rate equal to the greater of (a) the Fair Market Rent for the Premises (which, notwithstanding anything to the contrary contained in this Lease, shall be deemed the rent then being quoted by Landlord for the Premises (or any portion thereof) or comparable space in the Building, if the Premises (or any portion thereof) or any such space is then being marketed by Landlord), or (b) a tenant from month-to-month. In either of such events, rent shall be payable at a monthly or daily rate, as the case may be, of one hundred and fifty percent one-half (150%11/2) times the Base Rent and Additional Rental payable by Tenant immediately prior to the expiration or termination of the monthly amount payable as Base Rent for term, with said tenancy to commence on the 12-month period immediately preceding such expiration or termination, first day after the end of the term above demised; and in either case with all Additional Rent also payable as provided in this Lease. No acceptance by Landlord of any payment by Tenant pursuant to this Section said tenancy shall constitute Tenant (or anyone claiming by, through or under Tenant) as a tenant at will, but Tenant or such other person or entity shall remain a tenant at sufferance be subject to all of the provisions conditions and covenants of this Lease insofar as such covenants and conditions are applicable thereto. Nothing contained in this Lease shall be construed as a consent by Landlord to the occupancy or possession of the Premises after the expiration of the term of this Lease. If Landlord desires fails to make an election under clause (a) or (b) within ten (10) days after the expiration or termination of the term, the hold-over tenancy shall be deemed to be a tenancy from month-to-month. If Tenant holds over a s a month-to-month tenant, each party hereto shall give to the other at least thirty (30) days’ written notice to quit the’ Premises (any right to a longer notice period being hereby expressly waived), except in the event of non-payment of rent in advance or of the other Additional Rents provided for herein when due, or of the breach 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 expressly waived; provided, however, that in the event Tenant shall hold over after expiration of the term hereby created, and if Landlord shall desire to regain possession of said Premises promptly at the Premises expiration of the term aforesaid, then at any time Tenant prior to the date Landlord makes (or anyone claiming by, through or is deemed to have made) its election under Tenantclause (b) is holding overof this Article 27, Landlord may, at its optionopinion, forthwith may re-enter and take possession of the Premises forthwith, without process, or any part thereof by any lawfullegal action or process in force in the state in which the Premises is located; provided, means. In however, that if Landlord has accepted rent for any case, period beyond the expiration of the term and notwithstanding Tenant is not then in default under any of the provisions of Section 16.10(b) this Lease, Landlord shall promptly refund to the contrary, Tenant shall be liable an amount equal to any excess rental received by Landlord for all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) resulting from with respect to any failure by Tenant (or anyone claiming by, through or under Tenant) period after Landlord exercises its right to vacate re-enter the Premises or any portion thereof when required hereunder, and shall hold Landlord, its agents and employees, harmless and defend and indemnify Landlord, its agents and employees, from and against any and all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) which Landlord may pay, incur or suffer on account of any such hold-over in the Premises after the expiration or earlier termination of the Termunder this Article 27.

Hold Over. If Tenant (or anyone claiming by, through or under Tenant) shall remain in occupancy not immediately surrender the Premises the day after the end of the Premises or any part thereof after the expiration or early termination of the Term without a written agreement therefor executed and delivered by Landlordterm hereby created, then without limiting Tenant shall, by virtue of this agreement, become, at Landlord’s other rights and remedies the person remaining in possession shall be deemed 's option, either (a) a tenant at sufferance, and Tenant shall thereafter pay a monthly use and occupancy charge (pro-rated for such portion of any partial month as Tenant (or anyone claiming by, through or under Tenant) shall remain in possession) at a rate equal to the greater of (a) the Fair Market Rent for the Premises (which, notwithstanding anything to the contrary contained in this Lease, shall be deemed the rent then being quoted by Landlord for the Premises (or any portion thereof) or comparable space in the Building, if the Premises (or any portion thereof) or any such space is then being marketed by Landlord), or (b) a tenant from month-to-month. In either of such events, rent shall be payable at a monthly or daily rate, as the case may be, of one hundred and fifty percent (150%) the Base Rent and Additional Rental payable by Tenant immediately prior to the expiration or termination of the monthly amount payable as Base Rent for term, with said tenancy to commence on the 12-month period immediately preceding such expiration or termination, first day after the end of the term above demised; and in either case with all Additional Rent also payable as provided in this Lease. No acceptance by Landlord of any payment by Tenant pursuant to this Section said tenancy shall constitute Tenant (or anyone claiming by, through or under Tenant) as a tenant at will, but Tenant or such other person or entity shall remain a tenant at sufferance be subject to all of the provisions conditions and covenants of this Lease insofar as such covenants and conditions are applicable thereto. Nothing contained in this Lease shall be construed as a consent by Landlord to the occupancy or possession of the Premises after the expiration of the term of this Lease. If Landlord desires fails to make an election under clause (a) or (b) within ten (10) days after the expiration or termination of the term, the hold-over tenancy shall be deemed to be a tenancy from month-to-month. If Tenant holds over as a month-to-month tenant, each party hereto shall give to the other at least thirty (30) days' written notice to quit the Premises (any right to a longer notice period being hereby expressly waived), except in the event of non-payment of rent in advance or of the other Additional Rents provided for herein when due, or of the breach 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 expressly waived; provided, however, that in the event Tenant shall hold over after expiration of the term hereby created, and if Landlord shall desire to regain possession of said Premises promptly at the Premises expiration of the term aforesaid, then at any time Tenant prior to the date Landlord makes (or anyone claiming by, through or is deemed to have made) its election under Tenantclause (b) is holding overof this Article 28, Landlord may, at its option, forthwith may re-enter and take possession of the Premises forthwith, without process, or any part thereof by any lawfullegal action or process in force in the state in which the Premises is located; provided, means. In however, that if Landlord has accepted rent for any case, period beyond the expiration of the term and notwithstanding Tenant is not then in default under any of the provisions of Section 16.10(b) this Lease, Landlord shall promptly refund to the contrary, Tenant shall be liable an amount equal to any excess rental received by Landlord for all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) resulting from with respect to any failure by Tenant (or anyone claiming by, through or under Tenant) period after Landlord exercises its right to vacate re-enter the Premises or any portion thereof when required hereunder, and shall hold Landlord, its agents and employees, harmless and defend and indemnify Landlord, its agents and employees, from and against any and all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) which Landlord may pay, incur or suffer on account of any such hold-over in the Premises after the expiration or earlier termination of the Termunder this Article 28.

Hold Over. If Tenant (or anyone claiming by, through or under Tenant) shall remain in occupancy of not immediately surrender the Premises or any part thereof after at the expiration or early termination of the Term without then Tenant shall, by virtue of the provisions of this Section 21, become a written agreement therefor executed and delivered tenant by Landlord, then without limiting Landlord’s other rights and remedies the person remaining in possession month. In such event Tenant shall be deemed a tenant at sufferance, and Tenant shall thereafter required to pay a monthly use and occupancy charge (pro-rated for such portion of any partial month as Tenant (or anyone claiming by, through or under Tenant) shall remain in possession) at a rate equal to the greater of (a) the Fair Market Rent for the Premises (which, notwithstanding anything to the contrary contained in this Lease, shall be deemed the rent then being quoted by Landlord for the Premises (or any portion thereof) or comparable space in the Building, if the Premises (or any portion thereof) or any such space is then being marketed by Landlord), or (b) one two hundred and fifty percent (150200%) of the monthly amount payable as of the Monthly Base Rent for then in effect and as subsequently escalated in accordance with the 12-month period immediately preceding such expiration or terminationprovisions hereof, and in either case together with all Additional Rent also payable as provided in this Lease. No acceptance by Landlord effect during the last month of any payment by Tenant pursuant to this Section shall constitute Tenant (or anyone claiming bythe Term commencing said monthly tenancy with the first day next after the end of the Term; and said Tenant, through or under Tenant) as a tenant at willmonth-to-month tenant, but Tenant or such other person or entity shall remain a tenant at sufferance be subject to all of the provisions conditions and covenants of this LeaseLease as though the same had originally been a monthly tenancy, except as otherwise provided above with respect to the payment of Rent. If 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 breach 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 expressly waived; provided, however, that in the event that Tenant shall hold over after expiration of the Term, and if Landlord desires shall desire to regain possession of said Premises promptly at the Premises expiration of the Term, then at any time Tenant (or anyone claiming byprior to the acceptance of the Rent by Landlord from Tenant, through or under Tenant) is holding overas a monthly tenant hereunder, Landlord mayLandlord, at its election or option, forthwith re-enter may reenter and take possession of the Premises forthwith, without process, or any part thereof by any lawful, means. In any case, and notwithstanding the provisions of Section 16.10(b) to the contrary, Tenant shall be liable to Landlord for all claims, liabilities, damages, losses legal action or costs (including reasonable attorneys’ fees and costs) resulting from any failure by Tenant (or anyone claiming by, through or under Tenant) to vacate the Premises or any portion thereof when required hereunder, and shall hold Landlord, its agents and employees, harmless and defend and indemnify Landlord, its agents and employees, from and against any and all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) which Landlord may pay, incur or suffer on account of any such hold-over process in the Premises after the expiration or earlier termination Commonwealth of the TermVirginia.

Hold Over. If Tenant (or anyone claiming by, through or under Tenant) shall remain in occupancy of not immediately surrender the Premises or any part thereof after at the expiration or early termination of the Term without then Tenant shall, by virtue of the provisions of this Section 23, become a written agreement therefor executed and delivered tenant by Landlord, then without limiting Landlord’s other rights and remedies the person remaining in possession month. In such event Tenant shall be deemed a tenant at sufferance, and Tenant shall thereafter required to pay a monthly use and occupancy charge (pro-rated for such portion of any partial month as Tenant (or anyone claiming by, through or under Tenant) shall remain in possession) at a rate equal to twice the greater of (a) the Fair Market Rent for the Premises (which, notwithstanding anything to the contrary contained in this Lease, shall be deemed the rent then being quoted by Landlord for the Premises (or any portion thereof) or comparable space in the Building, if the Premises (or any portion thereof) or any such space is then being marketed by Landlord), or (b) one hundred and fifty percent (150%) amount of the monthly amount payable as Monthly Base Rent for then in effect and as subsequently escalated in accordance with the 12-month period immediately preceding such expiration or terminationprovisions hereof, and in either case together with all Additional Rent also payable as provided in this Lease. No acceptance by Landlord effect during the last month of any payment by Tenant pursuant to this Section shall constitute Tenant (or anyone claiming bythe Term commencing said monthly tenancy with the first day next after the end of the Term; and said Tenant, through or under Tenant) as a tenant at willmonth-to-month tenant, but Tenant or such other person or entity shall remain a tenant at sufferance be subject to all of the provisions conditions and covenants of this LeaseLease as though the same had originally been a monthly tenancy, except as otherwise provided above with respect to the payment of Rent. If Each party hereto shall give to the other at least thirty (30) days' written notice to quit the Premises, except in the event of nonpayment of Rent provided for herein when due, or of the breach 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 expressly waived; provided, however, that in the event that Tenant shall hold over after expiration of the Term, and if Landlord desires shall desire to regain possession of said Premises promptly at the Premises expiration of the Term, then at any time Tenant (or anyone claiming byprior to the acceptance of the Rent by Landlord from Tenant, through or under Tenant) is holding overas a monthly tenant hereunder, Landlord mayLandlord, at its election or option, forthwith re-enter may reenter and take possession of the Premises forthwith, without process, or any part thereof by any lawful, means. In any case, and notwithstanding the provisions of Section 16.10(b) to the contrary, Tenant shall be liable to Landlord for all claims, liabilities, damages, losses legal action or costs (including reasonable attorneys’ fees and costs) resulting from any failure by Tenant (or anyone claiming by, through or under Tenant) to vacate the Premises or any portion thereof when required hereunder, and shall hold Landlord, its agents and employees, harmless and defend and indemnify Landlord, its agents and employees, from and against any and all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) which Landlord may pay, incur or suffer on account of any such hold-over process in the Premises after the expiration or earlier termination of the Term.

Hold Over. If Tenant (or anyone claiming by, through or under Tenant) shall remain in occupancy not immediately surrender the Premises the day after the end of the Premises or any part thereof after the expiration or early termination of the Term without a written agreement therefor executed and delivered by Landlordterm hereby created, then without limiting Tenant shall, by virtue of this agreement, become, at Landlord’s other rights and remedies the person remaining in possession shall be deemed 's option, either (a) a tenant at sufferance, and Tenant shall thereafter pay a monthly use and occupancy charge (pro-rated for such portion of any partial month as Tenant (or anyone claiming by, through or under Tenant) shall remain in possession) at a rate equal to the greater of (a) the Fair Market Rent for the Premises (which, notwithstanding anything to the contrary contained in this Lease, shall be deemed the rent then being quoted by Landlord for the Premises (or any portion thereof) or comparable space in the Building, if the Premises (or any portion thereof) or any such space is then being marketed by Landlord), or (b) a tenant from month-to-month. In either of such events, rent shall be payable at a monthly or daily rate, as the case may be, of one hundred and fifty percent one-half (150%1.5) times the Base Rent and Additional Rental payable by Tenant immediately prior to the expiration or termination of the monthly amount payable as Base Rent for term, with said tenancy to commence on the 12-month period immediately preceding such expiration or termination, first day after the end of the term above demised; and in either case with all Additional Rent also payable as provided in this Lease. No acceptance by Landlord of any payment by Tenant pursuant to this Section said tenancy shall constitute Tenant (or anyone claiming by, through or under Tenant) as a tenant at will, but Tenant or such other person or entity shall remain a tenant at sufferance be subject to all of the provisions conditions and covenants of this Lease insofar as such covenants and conditions are applicable thereto. Nothing contained in this Lease shall be construed as a consent by Landlord to the occupancy or possession of the Premises after the expiration of the term AV-BTRL6.LSE MVD-5/6/97 of this Lease. If Landlord desires fails to make an election under clause (a) or (b) within ten (10) days after the expiration or termination of the term, the hold-over tenancy shall be deemed to be a tenancy from month-to-month. If Tenant holds over a s a month-to- month tenant, each party hereto shall give to the other at least thirty (30) days' written notice to quit the Premises (any right to a longer notice period being hereby expressly waived), except in the event of non-payment of rent in advance or of the other Additional Rents provided for herein when due, or of the breach 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 expressly waived; provided, however, that in the event Tenant shall hold over after expiration of the term hereby created, and if Landlord shall desire to regain possession of said Premises promptly at the Premises expiration of the term aforesaid, then at any time Tenant prior to the date Landlord makes (or anyone claiming by, through or is deemed to have made) its election under Tenantclause (b) is holding overof this Article 27, Landlord may, at its option, forthwith may re-enter and take possession of the Premises forthwith, without process, or any part thereof by any lawfullegal action or process in force in the state in which the Premises is located; provided, means. In however, that if Landlord has accepted rent for any case, period beyond the expiration of the term and notwithstanding Tenant is not then in default under any of the provisions of Section 16.10(b) this Lease, Landlord shall promptly refund to the contrary, Tenant shall be liable an amount equal to any excess rental received by Landlord for all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) resulting from with respect to any failure by Tenant (or anyone claiming by, through or under Tenant) period after Landlord exercises its right to vacate re-enter the Premises or any portion thereof when required hereunder, and shall hold Landlord, its agents and employees, harmless and defend and indemnify Landlord, its agents and employees, from and against any and all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) which Landlord may pay, incur or suffer on account of any such hold-over in the Premises after the expiration or earlier termination of the Termunder this Article 27.

Hold Over. If Tenant (or anyone claiming by, through or under Tenant) shall remain in occupancy of not immediately surrender the Demised Premises or any part thereof on the day after the expiration or early termination of the Term without a written agreement therefor executed and delivered by LandlordTerm, then without limiting Landlord’s other rights and remedies the person remaining in possession shall be deemed a tenant at sufferanceTenant shall, and Tenant shall thereafter pay a monthly use and occupancy charge (pro-rated for such portion by virtue of any partial month as Tenant (or anyone claiming by, through or under Tenant) shall remain in possession) at a rate equal to the greater of (a) the Fair Market Rent for the Premises (which, notwithstanding anything to the contrary contained in this Lease, shall be deemed become a Tenant at sufferance at a monthly rental equal to (i) for each of the rent then being quoted by Landlord for first three (3) months following the Premises (expiration or any portion thereof) or comparable space in termination of the BuildingTerm, if the Premises (or any portion thereof) or any such space is then being marketed by Landlord), or (b) one hundred and fifty percent (150%) of the monthly amount payable as Monthly Base Rent due under the terms of this Lease for the 12-month period immediately preceding such the expiration or terminationtermination of the Term, together with all 63 Additional Rent payable under this Lease, and in either case (ii) thereafter, two hundred percent (200%) of the Monthly Base Rent due under the terms of this Lease for the month preceding the expiration or termination of the Term, together with all Additional Rent also payable as provided in under this Lease. No acceptance by Landlord of any payment by Tenant pursuant to this Section shall constitute Tenant (or anyone claiming byTenant, through or under Tenant) as a tenant at willsufferance, but Tenant or such other person or entity shall remain a tenant at sufferance be subject to all of the provisions conditions and covenants of this LeaseLease (including payment of Additional Rent) as though the tenancy had originally been a monthly tenancy. If Landlord desires During any holdover period each party shall give to regain possession the other at least thirty (30) days prior written notice to quit the Demised Premises, except in the event of a nonpayment of Monthly Base Rent or of Additional Rent when due, or of the Premises breach of any other covenant by Tenant, in either of which events Tenant shall not be entitled to any notice to quit, the usual thirty (30) days notice to quit being expressly waived; provided, however, that in the event that Tenant shall hold over after expiration of the Term, then at any time Tenant (or anyone claiming byprior to the acceptance, through or under Tenant) is holding over, Landlord mayLandlord, at its election or option, forthwith may re-enter and take possession of the Demised Premises forthwith, without process, or any part thereof by any lawful, means. In any case, and notwithstanding the provisions of Section 16.10(b) to the contrary, Tenant shall be liable to Landlord for all claims, liabilities, damages, losses legal action or costs (including reasonable attorneys’ fees and costs) resulting from any failure by Tenant (or anyone claiming by, through or under Tenant) to vacate the Premises or any portion thereof when required hereunder, and shall hold Landlord, its agents and employees, harmless and defend and indemnify Landlord, its agents and employees, from and against any and all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) which Landlord may pay, incur or suffer on account of any such hold-over process in force in the Premises after jurisdiction in which the expiration or earlier termination of the TermBuilding is located.

Hold Over. If Tenant (or anyone claiming by, through or under Tenant) shall remain In the event Lessee continues in occupancy possession without the consent of Lessor after the end of the Premises Term of this Lease or any part thereof renewal or extension hereof, Lessee agrees to pay as monthly rental 150% of the amount payable as rent by Lessee for the last month of the term of this lease (that is, twice the Basic Monthly Rental as adjusted according to the provisions of Article 4 of this Lease, and any other provisions hereof), which amount shall become the new Basic Monthly Rental in substitution for the amount set forth in Article 1 above, and shall be subject to the same escalation provisions as apply to the present Basic Monthly Rental thereunder, and all other forms of additional rent provided for under this Lease. Lessee also agrees to keep and fulfill all of the other material covenants, conditions, and agreements hereof, and in the case of default or breach of any of said covenants, conditions and agreements, hereby waives its right to a thirty (30) day or any other notice to quit; provided, however, that in the event that Lessee shall hold over after the expiration or early termination of the Term without a written agreement therefor executed and delivered by Landlordterm hereby created, then without limiting Landlord’s other rights and remedies or after expiration of the person remaining in possession shall be deemed a tenant at sufferance30 day notice to quit referred to above, and Tenant shall thereafter pay a monthly use and occupancy charge (pro-rated for such portion or after breach of any partial month as Tenant (or anyone claiming by, through or under Tenant) shall remain in possession) at a rate equal to of the greater terms and conditions of (a) the Fair Market Rent for the Premises (which, notwithstanding anything to the contrary contained in this Lease, and if Lessor shall be deemed the rent then being quoted by Landlord for the Premises (or any portion thereof) or comparable space in the Building, if the Premises (or any portion thereof) or any such space is then being marketed by Landlord), or (b) one hundred and fifty percent (150%) of the monthly amount payable as Base Rent for the 12-month period immediately preceding such expiration or termination, and in either case with all Additional Rent also payable as provided in this Lease. No acceptance by Landlord of any payment by Tenant pursuant to this Section shall constitute Tenant (or anyone claiming by, through or under Tenant) as a tenant at will, but Tenant or such other person or entity shall remain a tenant at sufferance subject to all of the provisions of this Lease. If Landlord desires desire to regain possession of the Demised Premises promptly at the expiration of the term aforesaid, or upon expiration of said 30 day notice, or upon such breach, then, in any time Tenant (or anyone claiming byof said events, through or under Tenant) is holding over, Landlord mayLessor, at its option, may forthwith re-enter and take possession of the Demised Premises it being specifically understood and agreed that, in any such event, Lessor shall be entitled to accept monthly payments in the amount of the holder over rent provided for in this Article 25 from Lessee for such period after such expiration of the term, or of the 30 day notice to quit, or after such breach, as Lessee shall remain in occupancy of the Demised Premises, which payments shall be deemed the reasonable value of the use and occupation of the Demised Premises for the period of Lessee's continued occupancy thereof until Lessor regains possession, and such acceptance shall not constitute a waiver of Lessor's right to terminate the Lease, or any part thereof by any lawful, means. In any casehold over period thereof, and notwithstanding Lessor hereby disclaims any intention to waive its right to terminate the provisions of Section 16.10(b) to the contraryLease, Tenant shall be liable to Landlord for all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) resulting from any failure by Tenant (or anyone claiming by, through or under Tenant) to vacate the Premises or any portion thereof when required hereunderhold over period thereof, and shall hold Landlord, by its agents and employees, harmless and defend and indemnify Landlord, its agents and employees, from and against any and all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) which Landlord may pay, incur or suffer on account acceptance of any such hold-over in the Premises after the expiration or earlier termination of the Termpayment(s).

Hold Over. If Tenant (or anyone claiming by, through or under Tenant) shall remain in occupancy of not immediately surrender the Premises or any part thereof after at the expiration or early termination of the Term without then Tenant shall, by virtue of the provisions of this Section 21, become a written agreement therefor executed and delivered tenant by Landlord, then without limiting Landlord’s other rights and remedies the person remaining in possession month. In such event Tenant shall be deemed a tenant at sufferance, and Tenant shall thereafter required to pay a monthly use and occupancy charge (pro-rated for such portion of any partial month as Tenant (or anyone claiming by, through or under Tenant) shall remain in possession) at a rate equal to the greater of (a) the Fair Market Rent for the Premises (which, notwithstanding anything to the contrary contained in this Lease, shall be deemed the rent then being quoted by Landlord for the Premises (or any portion thereof) or comparable space in the Building, if the Premises (or any portion thereof) or any such space is then being marketed by Landlord), or (b) one hundred and fifty percent (150%) of the monthly amount payable as of the Monthly Base Rent for then in effect and as subsequently escalated in accordance with the 12provisions hereof, together with all *Confidential Treatment Requested Additional Rent in effect during the last month of the Term commencing said monthly tenancy with the first day next after the end of the Term; and said Tenant, as a month-to-month period immediately preceding such expiration or terminationtenant, and in either case with all Additional Rent also payable as provided in this Lease. No acceptance by Landlord of any payment by Tenant pursuant to this Section shall constitute Tenant (or anyone claiming by, through or under Tenant) as a tenant at will, but Tenant or such other person or entity shall remain a tenant at sufferance be subject to all of the provisions conditions and covenants of this LeaseLease as though the same had originally been a monthly tenancy, except as otherwise provided above with respect to the payment of Rent. If 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 breach 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 expressly waived; provided, however, that in the event that Tenant shall hold over after expiration of the Term, and if Landlord desires shall desire to regain possession of said Premises promptly at the Premises expiration of the Term, then at any time Tenant (or anyone claiming byprior to the acceptance of the Rent by Landlord from Tenant, through or under Tenant) is holding overas a monthly tenant hereunder, Landlord mayLandlord, at its election or option, forthwith re-enter may reenter and take possession of the Premises forthwith, without process, or any part thereof by any lawful, means. In any case, and notwithstanding the provisions of Section 16.10(b) to the contrary, Tenant shall be liable to Landlord for all claims, liabilities, damages, losses legal action or costs (including reasonable attorneys’ fees and costs) resulting from any failure by Tenant (or anyone claiming by, through or under Tenant) to vacate the Premises or any portion thereof when required hereunder, and shall hold Landlord, its agents and employees, harmless and defend and indemnify Landlord, its agents and employees, from and against any and all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) which Landlord may pay, incur or suffer on account of any such hold-over process in the Premises after the expiration or earlier termination State of the TermMaryland.

Hold Over. If Tenant (or anyone claiming by, through or under Tenant) shall remain in occupancy not immediately surrender the Premises the day after the end of the Premises or any part thereof after the expiration or early termination of the Term without a written agreement therefor executed and delivered by Landlordterm hereby created, then without limiting Tenant shall, by virtue of (his agreement, become, at Landlord’s other rights and remedies the person remaining in possession shall be deemed 's option, either (a) a tenant at sufferance, and Tenant shall thereafter pay a monthly use and occupancy charge (pro-rated for such portion of any partial month as Tenant (or anyone claiming by, through or under Tenant) shall remain in possession) at a rate equal to the greater of (a) the Fair Market Rent for the Premises (which, notwithstanding anything to the contrary contained in this Lease, shall be deemed the rent then being quoted by Landlord for the Premises (or any portion thereof) or comparable space in the Building, if the Premises (or any portion thereof) or any such space is then being marketed by Landlord), or (b) one hundred a tenant from month-to-month. In either of such events, rent shall be payable at a monthly or daily rate, as the case may be, of 150% the Minimum Rent and fifty percent (150%) Additional Rental payable by Tenant immediately prior to the expiration or termination of the monthly amount payable as Base Rent for term, with said tenancy to commence on the 12-month period immediately preceding such expiration or termination, first day after the end of the term above demised; and in either case with all Additional Rent also payable as provided in this Lease. No acceptance by Landlord of any payment by Tenant pursuant to this Section said tenancy shall constitute Tenant (or anyone claiming by, through or under Tenant) as a tenant at will, but Tenant or such other person or entity shall remain a tenant at sufferance be subject to all of the provisions conditions and covenants of this Lease insofar as such covenants and conditions are applicable thereto. Nothing contained in this Lease shall be construed as a consent by Landlord to the occupancy or possession of the Premises after the expiration of the term of this Lease. If Landlord desires fails to make an election under clause (a) or (b) within ten (10) days after the expiration or termination of the term, the hold-over tenancy shall be deemed to be a tenancy from month-to-month. If Tenant holds over a month-to-month tenant, each party hereto shall give to the other at least thirty (30) days' written notice to quit the Premises (any right to a Ionger notice period being hereby expressly waived), except in the event of non-payment of rent in advance or of the other Additional Rents provided for herein when due, or of the breach 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 expressly waived; provided, however, that in the event Tenant shall hold over after expiration of the term hereby created, and if Landlord shall desire to regain possession of said Premises promptly at the Premises expiration of the term aforesaid, then at any time Tenant prior to the date Landlord makes (or anyone claiming by, through or is deemed to have made) its election under Tenantclause (b) is holding overof this Article 29, Landlord may, at its option, forthwith may re-enter and take possession of the Premises forthwith, without process, or any part thereof by any lawfullegal action or process in force in the state in which the Premises is located; provided, means. In however, that if Landlord have accepted rent for any case, period beyond the expiration of the term and notwithstanding Tenant is not then in default under any of the provisions of Section 16.10(b) this Lease, Landlord shall promptly refund to Tenant an amount equal to any excess rental received by Landlord with respect to any period alter Landlord exercises its right to re-enter the contrary, Tenant shall be liable to Landlord for all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) resulting from any failure by Tenant (or anyone claiming by, through or premises under Tenant) to vacate the Premises or any portion thereof when required hereunder, and shall hold Landlord, its agents and employees, harmless and defend and indemnify Landlord, its agents and employees, from and against any and all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) which Landlord may pay, incur or suffer on account of any such hold-over in the Premises after the expiration or earlier termination of the Termthis Article 29.

Hold Over. If Tenant (or anyone claiming by, through or under Tenant) shall remain in occupancy of the Premises or any part thereof hold-over after the expiration or early termination of the Term without a written agreement therefor executed and delivered by Landlord, then without limiting Landlord’s other rights and remedies the person remaining in possession shall be deemed a tenant at sufferance, and Tenant shall thereafter pay a monthly use and occupancy charge (pro-rated for such portion of any partial month as Tenant (or anyone claiming by, through or under Tenant) shall remain in possession) at a rate equal to the greater of (a) the Fair Market Rent for the Premises (which, notwithstanding anything to the contrary contained in this Lease, shall be deemed the rent then being quoted by Landlord for the Premises (or any portion thereof) or comparable space in the Building, if the Premises (or any portion thereof) or any such space is then being marketed by Landlord), or (b) one hundred and fifty percent (150%) parties hereby agree that Tenant's occupancy of the monthly amount payable as Base Rent for the 12-month period immediately preceding such expiration or termination, and in either case with all Additional Rent also payable as provided in this Lease. No acceptance by Landlord of any payment by Tenant pursuant to this Section shall constitute Tenant (or anyone claiming by, through or under Tenant) as a tenant at will, but Tenant or such other person or entity shall remain a tenant at sufferance subject to all of the provisions of this Lease. If Landlord desires to regain possession of the Premises at any time Tenant (or anyone claiming by, through or under Tenant) is holding over, Landlord may, at its option, forthwith re-enter and take possession of the Premises or any part thereof by any lawful, means. In any case, and notwithstanding the provisions of Section 16.10(b) to the contrary, Tenant shall be liable to Landlord for all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) resulting from any failure by Tenant (or anyone claiming by, through or under Tenant) to vacate the Premises or any portion thereof when required hereunder, and shall hold Landlord, its agents and employees, harmless and defend and indemnify Landlord, its agents and employees, from and against any and all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) which Landlord may pay, incur or suffer on account of any such hold-over in the Premises after the expiration or earlier termination of the term shall be under a month-to-month tenancy commencing on the first day after the Expiration Date, and shall be upon all of the terms and conditions set forth herein, except that Tenant shall pay for each month of Tenant's continued use and occupancy of the Premises during which Tenant shall hold-over a sum equal to one-twelfth (1/12) of: (x) one hundred ten (110%) percent of the Annual Rental which would have been payable by Tenant had Tenant exercised its Renewal Option (as such amount is determined in accordance with Section 4.04(a)(i)), plus (y) the Additional Rent paid by Tenant during the preceding twelve (12) months pursuant to Sections 4.02 and 4.03 of this Lease; provided, however, that if Tenant shall not have vacated the Premises as a result of an Excusable Delay, or if Tenant shall have been conducting good faith negotiations with Landlord in connection with a renewal or extension of this Lease beyond the expiration of the Initial Term or the Renewal Term, then, for the ninety (90) day period following the expiration of this Lease, the reference in clause (x) above to one hundred ten (110%) percent shall be deemed to be one hundred (100%) percent. The payment provided in this Section 31.08 shall be in lieu of any other remedy or payment that shall be available to Landlord under this Lease or at law, including, without limitation, damages, for holding-over, but the same shall not detract from Landlord's right to continue to seek to obtain possession of the Premises.

Hold Over. If Tenant (or anyone claiming byshall not immediately surrender the Demised Premises, through or under Tenant) shall remain in occupancy on the day after the end of the Premises or any part thereof after the expiration or early termination of the Term without a written agreement therefor executed and delivered by LandlordTerm, then without limiting Landlord’s other rights and remedies the person remaining in possession shall be deemed Tenant shall, by virtue of this Lease, become a tenant at sufferance, and Tenant shall thereafter pay sufferance at a monthly use and occupancy charge (pro-rated for such portion of any partial month as Tenant (or anyone claiming by, through or under Tenant) shall remain in possession) at a rate rental equal to the greater of (a) the Fair Market Rent for the Premises (which, notwithstanding anything to the contrary contained in this Lease, shall be deemed the rent then being quoted by Landlord for the Premises (or any portion thereof) or comparable space in the Building, if the Premises (or any portion thereof) or any such space is then being marketed by Landlord), or (b) one hundred and fifty percent (150%) of the monthly amount payable as Monthly Base Rent for and Additional Rent due under the 12-month period immediately preceding terms of this Lease, commencing said monthly tenancy with the first day next after the end of the Term. Tenant, as a tenant at sufferance, shall be subject to all of the conditions and covenants of this Lease (including payment of Additional Rent) as though the tenancy had originally been a monthly tenancy. Each party hereto shall give to the other at least thirty (30) days’ written notice to quit the Demised Premises, except in the event of nonpayment of Monthly Base Rent or of Additional Rent when due, or of the breach of any other covenant by the Tenant, in which event, Tenant shall not be entitled to any notice to quit, the usual thirty (30) days’ notice to quit being expressly waived; provided, however, that in the event that Tenant shall hold over after expiration or earlier termination of the Term and if Landlord shall desire to regain possession of the Demised Premises promptly at such expiration or termination, and in either case with all Additional Rent also payable as provided in this Lease. No then at any time prior to the acceptance of the rent by Landlord of any payment by Tenant pursuant to this Section shall constitute Tenant (or anyone claiming byfrom Tenant, through or under Tenant) as a tenant at willsufferance, but Tenant or such other person or entity shall remain a tenant at sufferance subject to all of the provisions of this Lease. If Landlord desires to regain possession of the Premises at any time Tenant (or anyone claiming by, through or under Tenant) is holding over, Landlord mayLandlord, at its election or option, forthwith may re-enter and take possession of the Demised Premises forthwith, without process, or any part thereof by any lawful, means. In any case, and notwithstanding the provisions of Section 16.10(b) to the contrary, Tenant shall be liable to Landlord for all claims, liabilities, damages, losses legal action or costs (including reasonable attorneys’ fees and costs) resulting from any failure by Tenant (or anyone claiming by, through or under Tenant) to vacate the Premises or any portion thereof when required hereunder, and shall hold Landlord, its agents and employees, harmless and defend and indemnify Landlord, its agents and employees, from and against any and all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) which Landlord may pay, incur or suffer on account of any such hold-over process in force in the Premises after jurisdiction in which the expiration or earlier termination of the TermBuilding is located.

Hold Over. If Tenant (or anyone claiming by, through or under Tenant) Subtenant shall remain in occupancy not immediately surrender the Premises at the end of the Premises or any part thereof after the expiration or early termination of the Term without a written agreement therefor executed and delivered by LandlordTerm, then without limiting Landlord’s other rights and remedies the person remaining in possession shall be deemed Subtenant shall, by virtue of this Sublease, become a tenant at sufferance, and Tenant shall thereafter pay sufferance at a monthly use and occupancy charge (pro-rated for such portion of any partial month as Tenant (or anyone claiming by, through or under Tenant) shall remain in possession) at a rate rental equal to the greater of (ai) twice the monthly installment of Base Rent due just prior to the expiration or termination of the Term or (ii) the Fair Market Rent for holdover rent and/or penalties incurred by Sublandlord under the Premises (which, notwithstanding anything terms of the Prime Lease due to the contrary contained in this Lease, shall be deemed the rent then being quoted by Landlord for the Premises (or any portion thereof) or comparable space Subtenant’s holdover in the BuildingPremises, if commencing such monthly tenancy with the Premises (or any portion thereof) or any such space is then being marketed by Landlord), or (b) one hundred and fifty percent (150%) first day following the end of the monthly amount payable as Base Rent for the 12-month period immediately preceding such expiration or terminationTerm. Subtenant, and in either case with all Additional Rent also payable as provided in this Lease. No acceptance by Landlord of any payment by Tenant pursuant to this Section shall constitute Tenant (or anyone claiming by, through or under Tenant) as a tenant at willsufferance, but Tenant or such other person or entity shall remain a tenant at sufferance be subject to all of the provisions conditions and covenants of this LeaseSublease as though the tenancy had originally been a monthly tenancy. If Landlord desires During the holdover period, each party hereto shall give to regain possession the other at least thirty (30) days’ written notice to quit the Premises, except in the event of nonpayment of Base Rent when due, or of the Premises at any time Tenant (or anyone claiming by, through or under Tenant) is holding over, Landlord may, at its option, forthwith re-enter and take possession of the Premises or any part thereof by any lawful, means. In any case, and notwithstanding the provisions of Section 16.10(b) to the contrary, Tenant shall be liable to Landlord for all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) resulting from any failure by Tenant (or anyone claiming by, through or under Tenant) to vacate the Premises or any portion thereof when required hereunder, and shall hold Landlord, its agents and employees, harmless and defend and indemnify Landlord, its agents and employees, from and against any and all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) which Landlord may pay, incur or suffer on account breach of any such hold-over other provision hereof by Subtenant, in which event, Subtenant shall not be entitled to any notice to quit, the Premises after the expiration or earlier termination of the Term.usual thirty (30) days notice to quit being expressly waived. CONFIDENTIAL TREATMENT FOR THIS EXHIBIT HAS BEEN REQUESTED FROM THE SECURITIES AND EXCHANGE COMMISSION PORTIONS OF THIS EXHIBIT HAVE BEEN REDATED, AND THE REDATED PORTIONS HAVE BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION

Hold Over. If Tenant (or anyone claiming by, through or under Tenant) shall remain in occupancy of not immediately surrender the Premises or any part thereof after at the expiration or early termination of the Term without then Tenant shall, by virtue of the provisions of this Section 21, become a written agreement therefor executed and delivered tenant by Landlord, then without limiting Landlord’s other rights and remedies the person remaining in possession month. In such event Tenant shall be deemed a tenant at sufferance, required to pay (unless Landlord and Tenant shall thereafter pay a monthly use and occupancy charge (pro-rated for such portion are negotiating in good faith to extend the Term of any partial month as Tenant (or anyone claiming by, through or under Tenant) shall remain in possession) at a rate equal to the greater of (a) the Fair Market Rent for the Premises (which, notwithstanding anything to the contrary contained in this Lease, shall be deemed the rent then being quoted by Landlord for the Premises (or any portion thereof) or comparable space in the Building, if the Premises (or any portion thereof) or any such space is then being marketed by Landlord), or (b) one hundred and fifty percent (150%) (which percentage shall be increased to two hundred percent (200%) as of the monthly sixty-first (61st) day of such holdover) of the amount payable as of the Monthly Base Rent then in effect and as subsequently escalated in accordance with the provisions hereof (but in no event less than the then-current fair market rental value for the 12-month period immediately preceding such expiration or terminationPremises), and in either case together with all Additional Rent also payable as provided in this Lease. No acceptance by Landlord effect during the last month of any payment by Tenant pursuant to this Section shall constitute Tenant (or anyone claiming bythe Term commencing said monthly tenancy with the first day next after the end of the Term; and said Tenant, through or under Tenant) as a tenant at willmonth-to-month tenant, but Tenant or such other person or entity shall remain a tenant at sufferance be subject to all of the provisions conditions and covenants of this LeaseLease as though the same had originally been a monthly tenancy, except as otherwise provided above with respect to the payment of Rent. If 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 breach 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 expressly waived; provided, however, that in the event that Tenant shall hold over after expiration of the Term, and if Landlord desires shall desire to regain possession of said Premises promptly at the Premises expiration of the Term, then at any time Tenant (or anyone claiming byprior to the acceptance of the Rent by Landlord from Tenant, through or under Tenant) is holding overas a monthly tenant hereunder, Landlord mayLandlord, at its election or option, forthwith re-enter may reenter and take possession of the Premises or any part thereof forthwith by any lawful, means. In any case, and notwithstanding the provisions of Section 16.10(b) to the contrary, Tenant shall be liable to Landlord for all claims, liabilities, damages, losses legal action or costs (including reasonable attorneys’ fees and costs) resulting from any failure by Tenant (or anyone claiming by, through or under Tenant) to vacate the Premises or any portion thereof when required hereunder, and shall hold Landlord, its agents and employees, harmless and defend and indemnify Landlord, its agents and employees, from and against any and all claims, liabilities, damages, losses or costs (including reasonable attorneys’ fees and costs) which Landlord may pay, incur or suffer on account of any such hold-over process in the Premises after the expiration or earlier termination State of the TermMaryland.