Common use of Holding Over Clause in Contracts

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises or any part thereof after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains possession of the Premises or any part thereof holds over after the expiration of the TermLease Term hereof, with or without the express or implied consent of Landlord, such holding over tenancy shall be on from month-to-month only, and shall not constitute a renewal hereof or an extension for any further terms, and in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the terms and conditions as Base Rent applicable during the last rental period of the Lease Term under this Lease. Notwithstanding anything set forth in this LeaseArticle 16 to the contrary, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect toshall, in addition the event Tenant has not exercised any extension option, have the one-time right to all other charges extend the initial Term of the Lease for which Tenant would be liable hereunder if it were occupying during a period of up to three (3) months (“Temporary Extension Term”) by delivering written notice of the term exercise of this Lease, during the first thirty such right at least one hundred eighty (30180) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the initial Lease Term, which notice shall specify the period of the Temporary Extension Term Tenant shall select (which period shall be not less than one (1) month nor more than three (3) months), and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continuesprovided that, as a use at Landlord’s option, and occupancy charge with respect to, in addition to all other charges for which remedies available to Landlord under this Lease, at law or in equity, Tenant would be liable hereunder if it were occupying is not in default under this Lease (after expiration of any applicable notice and cure period) as of the date Tenant delivers such notice to Landlord or the commencement of the Temporary Extension Term. If Tenant timely exercises such renewal right, all of the terms and conditions of this Lease shall apply during the term Temporary Extension Term except that the monthly Base Rent payable by Tenant for such Temporary Extension Term shall be equal to one hundred twenty-five percent (125%) of the Base Rent payable during the last rental period under this Lease (in addition to Tenant’s other monetary obligations under this Lease). Any month-to-month tenancy shall be subject to every other term, covenant and agreement contained herein. Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Except with respect to Tenant’s occupancy of the Premises during the Temporary Extension Term, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains holds possession of the Premises Property or any part portion thereof after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this LeaseLease WITH Landlord's written consent, during then except as otherwise specified in such consent, Tenant shall become a tenant from month to month at one hundred twenty-five percent (125%) of the first rental and otherwise upon the terms herein specified for the period immediately prior to such holding over and shall continue in such status until the tenancy is terminated by either party upon not less than thirty (30) days of such holdover 150% prior written notice. If Tenant holds possession of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month Property or any portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during after the term of this LeaseLease WITHOUT Landlord's written consent, an amount equal then Landlord in its sole discretion may elect (by written notice to Tenant) to have Tenant become a tenant either from month to month or at will, at one hundred fifty percent (150% %) of the higher of rental (xprorated on a daily basis for an at-will tenancy, if applicable) the Base Rent and the Adjustment Amount payable under otherwise upon the terms of this Lease herein specified for the period immediately prior to such holding over, or may elect to pursue any and all legal remedies available to Landlord under applicable law with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any such unconsented holding over by Tenant in the PremisesTenant. In addition, Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against any loss, damage, claim, liability, cost or damages expense (including, without limitation including reasonable attorneys’ ' fees) which Landlord may suffer resulting from any delay by Tenant in surrendering the Property or any portion thereof, including but not limited to any claims made by a succeeding tenant by reason of such delay; PROVIDED, however, that the indemnification and hold harmless obligation set forth in this sentence shall not apply with respect to any holdover period to which Landlord has consented in writing, except to the extent either (i) Tenant fails to vacate and surrender the Premises by the end of the holdover period to which Landlord has thus consented, or (ii) Landlord advised Tenant in writing of Landlord's anticipated damages from Tenant's holding over at the time Landlord granted its written consent to such holdover holding over. Acceptance of rent by Tenant for a period of longer than thirty (30) days. The provisions Landlord following expiration or termination of this ARTICLE 19 Lease shall not be deemed to limit or constitute a waiver renewal of any other rights or remedies of Landlord provided herein or at lawthis Lease.

Holding Over. In addition If Tenant fails to performing all of Tenant’s other obligations hereunder, if Tenant retains deliver possession of the Premises or any part thereof on the Termination Date, but holds over after the expiration or earlier termination of this Lease without the Termexpress prior written consent of Landlord, such holding over tenancy shall be construed as a tenancy at sufferance on the same terms and conditions as set forth in this Lease, as far as applicableare contained herein, except that the Fixed Monthly Rent payable by Tenant during such period of holding over shall pay, automatically increase as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Termination Date to an amount equal to one hundred fifty percent (150%) of the Fixed Monthly Rent and payable by Tenant for the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration date when Tenant commences such holding over (the “Holdover Rent”). During any period of holding over Tenant shall be obligated to pay Holdover Rent for a full calendar month whether or not Tenant remains in possession of the Term and after such initial thirty (30) day period Premises for each the entire calendar month and there shall be no pro-rata apportionment of Holdover Rent. Tenant’s payment of such Holdover Rent, and Landlord’s acceptance thereof, shall not constitute a waiver by Landlord of any of Landlord’s rights or portion thereof during which such holdover continues, as a use and occupancy charge remedies with respect toto such holding over, nor shall it be deemed to be a consent by Landlord to Tenant’s continued occupancy or possession of the Premises past the time period covered by Tenant’s payment of the Holdover Rent. Furthermore, if Tenant fails to deliver possession of the Premises to Landlord upon the expiration or earlier termination of this Lease, and Landlord has theretofore notified Tenant in writing that Landlord requires possession of the Premises for a succeeding tenant, then, in addition to all any other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal liabilities to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionaccruing therefrom, Tenant shall indemnifyprotect, defend defend, indemnify and hold Landlord harmless from and against any all loss, cost or damages costs (including, without limitation including reasonable attorneys’ feesfees and expenses) which and liability resulting from such failure, including without limiting the foregoing, any claims made by any succeeding tenant arising out of Tenant’s failure to so surrender, and any lost profits to Landlord may suffer by reason of any such holdover by Tenant resulting therefrom. Notwithstanding the provisions contained hereinabove regarding Tenant’s liability for a period continuing holdover, Landlord agrees to use commercially reasonable efforts to insert into any future lease of longer than thirty (30) days. The another tenant proposing to occupy the Premises provisions similar to those contained in Section 2.1, permitting mitigation of this ARTICLE 19 shall not be deemed to limit or constitute a waiver Tenant’s damages arising out of any other rights or remedies of Landlord provided herein or at lawTenant’s temporary holdover.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If the Tenant retains holds over possession of the Premises Leased Property or any part thereof after beyond the expiration Expiration Date or sooner termination of the Termthis Lease, such holding over shall not be on deemed to extend the terms Term or renew this Lease but such holding over shall continue upon the terms, covenants and conditions of this Lease as set forth in this Lease, as far as applicable, a tenant at will except that the Tenant shall pay, as a agrees that the charge for use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration applicable portion of the Term and after such initial thirty (30) day period Leased Property for each calendar month or portion thereof that the Tenant holds over shall be a liquidated amount equal to one-twelfth (1/12th) of 1.5 times the Basic Rent and Supplemental Rent required to be paid by the Tenant for such portion of the Leased Property during the calendar year preceding the Expiration Date or sooner termination of this Lease multiplied by a fraction, the numerator of which shall be the number of days of such month during which the Tenant was in possession of such holdover continuesportion of the Leased Property and the denominator of which shall be the total number of days of such month. The parties recognize and agree that the damage to the Landlord resulting from any failure by the Tenant to timely surrender possession of the Leased Property will be extremely substantial, as a will exceed the amount of the monthly Basic Rent and Supplemental Rent payable hereunder and will be impossible to accurately measure. If the Leased Property is not surrendered upon the Expiration Date or sooner termination of this Lease, in addition to the use and occupancy charge with respect toset forth above, the Tenant shall indemnify and hold harmless the Landlord against any and all losses and liabilities resulting therefrom, including, without limitation, any claims made by any succeeding tenant founded upon such delay. Nothing contained in addition this Lease shall be construed as a consent by the Landlord to all other charges for which the occupancy or possession by the Tenant would be liable hereunder if it were occupying during of the term Leased Property beyond the Expiration Date or sooner termination of this Lease, an amount equal and the Landlord, upon said Expiration Date or sooner termination of this Lease, or at any time thereafter (and notwithstanding that the Landlord may accept from the Tenant one or more payments called for by this Section 14.1), shall be entitled to 150% the benefit of all legal remedies that now may be in force or may be hereafter enacted relating to the immediate repossession of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) daysLeased Property. The provisions of this ARTICLE 19 Article shall not be deemed survive the Expiration Date or sooner termination of this Lease. Nothing in this Article 14 shall limit, negate or otherwise affect the Tenant's right to limit or constitute a waiver purchase the Leased Property in accordance with the terms of any other rights or remedies of Landlord provided herein or at lawArticle 15.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises or any part thereof after This Lease shall terminate without further notice upon the expiration of the Term, such and any holding over by Tenant after the expiration shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as not constitute a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term renewal or extension of this Lease, during or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such holdover 150% events, possession shall be subject to all of the Base Rent and the Adjustment Amount payable under the terms of this Lease Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for and with respect to the last full calendar month immediately prior preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in the Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, unless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect despite demand to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over do so by Tenant in the Premises. In additionLandlord, Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against all loss or liability, including without limitation, any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer claims made by reason of any succeeding tenant relating to such holdover by Tenant for a period of longer than thirty (30) daysfailure to surrender. The foregoing provisions of this ARTICLE 19 shall Section are in addition to and do not be deemed to limit affect Landlord’s right of re-entry or constitute a waiver of any other rights or remedies of Landlord provided herein under this Lease or at law.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises or any part thereof after This Lease shall terminate without further notice upon the expiration of the Term, such and any holding over by Tenant after the expiration shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as not constitute a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term renewal or extension of this Lease, during or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such holdover 150% events, possession shall be subject to all of the Base Rent and the Adjustment Amount payable under the terms of this Lease Lease, except that for and with respect to the last full calendar initial two (2) months of holdover the monthly Basic Rent shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately prior preceding the date of termination, and thereafter the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in the Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, unless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect despite demand to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over do so by Tenant in the Premises. In additionLandlord, Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against all loss or liability, including without limitation, any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer claims made by reason of any succeeding tenant relating to such holdover by Tenant for a period of longer than thirty (30) daysfailure to surrender. The foregoing provisions of this ARTICLE 19 shall Section are in addition to and do not be deemed to limit affect Landlord’s right of re-entry or constitute a waiver of any other rights or remedies of Landlord provided herein under this Lease or at law.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains should remain in possession of the Premises all or any part thereof portion of the Tenant Space after the expiration of the TermTerm of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), such holding over shall be on without the terms execution by Landlord and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as of a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during new lease or an extension of the term Term of this Lease, during then Tenant shall be deemed to be occupying the first thirty (30) days entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover 150% period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to [***] of the Base Rent and payable by Tenant to Landlord during the Adjustment Amount payable under last month of the terms Term of this Lease and [***] of the elements of Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for and such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the last full calendar month immediately prior contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for or upon the earlier termination hereof or at any time during any holdover and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against assert any remedy at law or in equity to evict Tenant immediately upon any holding over by Tenant and collect damages in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of connection with any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawholdover.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains should remain in possession of the Premises all or any part thereof portion of the Tenant Space after the expiration of the TermTerm of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), such holding over shall be on without the terms execution by Landlord and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as of a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during new lease or an extension of the term Term of this Lease, during then Tenant shall be deemed to be occupying the first thirty (30) days entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover 150% period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to the Hold Over Percentage, as hereinafter defined, of the Base Rent and payable by Tenant to Landlord during the Adjustment Amount payable under last month of the terms Term of this Lease for and with respect one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last full calendar month immediately prior to of the Term of this Lease. The “Hold Over Percentage” shall be defined as 150% for the first sixty (60) days of hold over in the Tenant Space by Tenant, or anyone claiming by, through or under Tenant after the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space) and 200% for and any period of hold over by Tenant after the first sixty (60) days. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the last full calendar month immediately prior contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or (y) one twelfth of upon the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have earlier termination hereof or at any time during any holdover and the right to commence eviction proceedings against assert any remedy at law or in equity to evict Tenant immediately upon any holding over by Tenant and collect damages in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of connection with any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawholdover.

Holding Over. In addition to performing If Tenant, with or without Landlord’s consent, remains in possession of all of Tenant’s other obligations hereunder, if Tenant retains possession or any part of the Premises after the expiration or any part thereof earlier termination of the Term of this Lease, such occupancy shall be a tenancy from month to month, only, upon all of the provisions of this Lease pertaining to the obligations of Tenant, except for Base Rent. If Tenant holds over after the expiration or earlier termination of the Term of this Lease for thirty (30) days or less, then for such thirty (30) day hold-over period (or portion thereof) Tenant shall pay monthly Base Rent in advance in an amount equal to one hundred twenty-five percent (125%) of monthly Base Rent payable immediately preceding the expiration of the Term, such holding . If Tenant holds over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first more than thirty (30) days of such holdover 150% after the expiration or earlier termination of the Term of this Lease, then for such hold-over period beginning on the thirty-first (31st) day after the expiration or earlier termination of the Term of this Lease, Tenant shall pay monthly Base Rent and the Adjustment Amount in advance in an amount equal to one hundred fifty percent (150%) of monthly Base Rent payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to preceding the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid Nothing contained in this Section 25 shall be prorated for partial months on a per diem basis. Notwithstanding anything construed as consent by Landlord to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost expiration or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason other termination of any such holdover by Tenant for a period of longer than thirty (30) daysthis Lease. The provisions of this ARTICLE 19 Section 25 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease and Landlord provides Tenant with at least fifteen (15) business days prior written notice that Landlord has a signed proposal or lease from a succeeding tenant to lease the Premises, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding Tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom.

Holding Over. In addition to performing all If Tenant (directly or through any successor-in-interest of Tenant’s other obligations hereunder, if Tenant retains ) remains in possession of all or any portion of the Premises or any part thereof after the expiration or termination of this Lease without the Termwritten consent of Landlord, Tenant’s continued possession shall be on the basis of a tenancy at the sufferance of Landlord. In such event, Tenant shall continue to comply with or perform all the terms and obligations of Tenant under this Lease, except that the Monthly Base Rent during Tenant’s holding over shall be one hundred fifty percent (150%) of the Monthly Base Rent and Additional Charges payable in the last full month prior to the termination or expiration of this Lease (subject to a 3% increase on each anniversary of the terms and conditions as set forth in this LeaseBuilding 2 Commencement Date occurring after such holding over begins). In addition to Rent, as far as applicable, except that Tenant shall pay, as pay Landlord for all damages proximately caused by reason of the Tenant’s retention of possession. Landlord’s acceptance of Rent after the termination of this Lease shall not constitute a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term renewal of this Lease, during and nothing contained in this provision shall be deemed to waive Landlord’s right of re-entry or any other right hereunder or at law. Tenant acknowledges that, in Landlord’s marketing and re-leasing efforts for the first thirty (30) days of such holdover 150% Premises, Landlord is relying on Tenant’s vacation of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the TermExpiration Date. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionAccordingly, Tenant shall indemnify, defend and hold Landlord harmless from and against all claims, liabilities, losses, costs, expenses and damages arising or resulting directly or indirectly from Tenant’s failure to timely surrender the Premises, including (i) any loss, cost or damages suffered by any prospective tenant of all or any part of the Premises, and (including, without limitation reasonable attorneys’ feesii) which Landlord may suffer Landlord’s damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of all or any portion of the Premises by reason of any such holdover by failure of Tenant to timely surrender the Premises. Upon written request from Tenant received during the last three (3) months of the Lease, Landlord shall advise Tenant whether a new lease, or a letter of intent for a period new lease, has been entered into for any portion of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawthe Premises.

Holding Over. In addition (a) Tenant must obtain the prior consent of Landlord in order to performing all of Tenant’s other obligations hereunder, if Tenant retains remain in possession of the Premises or any part thereof after the expiration Lease end. If Tenant remains in possession of the Term, Premises after Lease end without obtaining the prior consent of Landlord: (i) such holding over occupancy shall constitute an unlawful detainer of the Premises (and Tenant shall be on the terms and conditions as set forth in this Leasesubject to an unlawful detainer action therefor), as far as applicable, except that for which period of occupancy Tenant shall paypay to Landlord a rental (and not a penalty) in the amount of one hundred fifty percent (150%) of the last Rent payable by Tenant to Landlord, as a use and occupancy charge with respect to, in addition to plus all other charges payable under this Lease; and (ii) Tenant shall reimburse Landlord within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, for which all reasonable out-of-pocket costs, expenses, fees, charges or penalties incurred or payable by Landlord in connection with any other tenant or lease for the Premises resulting from the delay by Tenant would be liable hereunder if it were occupying during in surrendering the term Premises in accordance with the provisions of this Lease, during including, without limitation, penalties or holdover rent paid or credit given to the first next tenant for the Premises as a result of late delivery to such tenant of the Premises. (b) If Tenant remains in possession of the Premises after Lease end with the prior consent of Landlord, such occupancy shall be a tenancy from month-to-month on all of the terms of this Lease and provisions of Utah law applicable to a month-to-month tenancy (which tenancy shall be terminable as of the end of any calendar month by written notice given by either Party to the other at least fifteen (15) days prior to the end of the month concerned) at a rental (and not as a penalty) in the amount of one hundred twenty-five percent (125%) of the last Rent payable by Tenant to Landlord, plus all other charges payable under this Lease. (c) Notwithstanding anything contained in this Paragraph 17.2 to the contrary, on any termination of this Lease pursuant to Paragraphs 13 or 14, Tenant shall have up to thirty (30) days to surrender the Premises after the effective date of such holdover 150% of the Base Rent termination, and the Adjustment Amount payable under the terms provisions of this Lease for and with respect to the last full calendar month immediately prior to Paragraph 17.2 shall not be applicable until after the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law30)-day period.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains or anyone claiming under or through Tenant shall remain in possession of the Demised Premises or any part thereof after the expiration of the Termterm of this Lease without any agreement in writing between Landlord and Tenant with respect thereto, Tenant shall: (a) be deemed a tenant at sufferance, and such occupancy during such holding over shall be on subject to all of the applicable terms and conditions as set forth of this Lease other than Base Rent and those relating to the length of term, and in addition to the Rents (other than Base Rent) payable pursuant to this Lease, as far as applicable, except that Tenant shall paypay to Landlord an amount equal to the greater of (i) the then fair market rental for the Demised Premises, or (ii) two (2) times the annual rate (determined on a per diem basis, based on a 365-day year) of Base Rent payable during the last year of the term of this Lease for each and every day after the expiration of the term of this Lease up to and including the day that vacant possession of the Demised Premises is surrendered (and acceptance of Rent or other payments by Landlord shall not create a new or additional tenancy other than as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would aforesaid); (b) be liable hereunder to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Demised Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, and (ii) the loss of the benefit of the bargain if it were occupying during any New Tenant shall terminate its lease by reason of the holding-over by Tenant; and (c) indemnify Landlord against all claims for damages by any New Tenant. No holding-over by Tenant, or the payment to Landlord of the amounts specified above, shall operate to extend the term of this Lease, during the first thirty (30) days of such holdover 150% . Nothing herein contained shall be deemed to permit Tenant to retain possession of the Base Rent and Demised Premises after the Adjustment Amount payable under the terms Expiration Date or sooner termination of this Lease for Lease, and with respect to no acceptance by Landlord of payments from Tenant after the last full calendar month immediately prior to the expiration Expiration Date or sooner termination of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal Lease shall be deemed to 150% be other than on account of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect amount to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over paid by Tenant in accordance with the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawSection.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains possession shall hold over beyond the end of the Premises Term with the Consent of Landlord, then the provisions of the hold over tenancy shall be the same provisions set forth in this Lease governing the rights and obligations of the parties during the Term, except that: the tenancy shall be on the basis of a month to month tenancy, terminable by Landlord immediately by issuance of a 30 day notice, as long as the quitting date is at least 8 days after the giving of the notice to quit; there shall be no rights or options in Tenant to extend the Term, increase or decrease the size of the Leased Premises, purchase any portion of the Project, exercise any right of refusal to any leasing or sale of any portion of the Project or any part thereof after similar rights that may have been in effect during the expiration Term; and the Monthly Base Rent for the hold over shall be the Monthly Base Rent in effect immediately prior to the end of the Term, such holding over which shall be on increased in the terms and conditions same manner as set forth in this Lease, as far as applicable, except that the Monthly Base Rent had been increased by any formula or with any regular frequency during the Term. If Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during not have vacated the term of this Lease, during Leased Premises on or before the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration end of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continuesdoes not have Landlord's Consent to remain in the Leased Premises, the failure to vacate shall not be treated as a hold over for any further term and it is agreed that the use and occupancy charge with respect to, in addition to all other charges damages for which Tenant would will be liable hereunder if it were occupying during any such period of occupancy will be the amount that would have been payable as Additional Rent had this Lease remained in effect during the term period of this Lease, occupancy plus an amount equal to 150% of one and a half times the higher of (x) the Monthly Base Rent and in effect at the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day end of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law.XVII - MISCELLANEOUS PROVISIONS

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration of the Term, such holding over term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable, applicable except that Tenant shall pay, pay as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the Adjustment Amount highest rate payable under the terms of this Lease Lease, for the first sixty (60) days of such holding over, and with respect thereafter increasing to the last full calendar month immediately prior to the expiration 200% of the Term or Annual Fixed Rent and Additional Rent calculated (yon a daily basis) one twelfth at the highest rate payable under the terms of this Lease, measured from the annual fair market rent for the Premises under a one (1) year lease commencing day on which Tenant’s hold-over commences and terminating on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against which Tenant immediately upon any holding over by Tenant in vacates the Premises. In addition, Tenant shall indemnifysave Landlord, its agents and employees harmless and will exonerate, defend and hold Landlord harmless indemnify Landlord, its agents and employees from and against any loss, cost or and all damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason on account of any ▇▇▇▇▇▇’s hold-over in the Premises after the expiration or prior termination of the term of this Lease; provided, Landlord agrees that Tenant shall not be liable for consequential damages unless such holdover by Tenant for a period of longer than thirty holding over exceeds sixty (3060) days. The provisions Nothing in the foregoing nor any other term or provision of this ARTICLE 19 Lease shall not be deemed to limit permit Tenant to retain possession of the Premises or constitute a waiver hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other rights or remedies of charges payable hereunder by ▇▇▇▇▇▇ to Landlord provided herein or and any damages to which Landlord may be entitled under this Lease and at lawlaw and in equity.

Holding Over. In addition A. Tenant agrees to performing all surrender the Premises to Landlord on the Expiration Date (or sooner termination of the Lease Term pursuant to other applicable provisions hereof) in as good condition as they were at the commencement of Tenant’s 's occupancy, ordinary wear and tear, and damage by fire and windstorm excepted or other obligations hereundercasualty not caused by Tenant. B. In all events, if Tenant retains will promptly restore all damage caused in connection with any removal of Tenant's personal property and Tenant shall be responsible for all losses incurred for physical damage caused by the Tenant in removing its personal property. C. If Tenant shall be in possession of the Premises or any part thereof after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable tenancy under the terms of this Lease for and with respect shall become one from month to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continuesmonth, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing terminable by either party on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions ' prior notice, and shall be subject to all of the terms and conditions of this ARTICLE 19 Lease as though the Term had been extended from month to month, except that (i) the Base Rent payable hereunder for each month during said holdover period shall not be deemed equal to limit one hundred and 50 per cent (150%) of the monthly installment of Base Rent payable during the last month of the Term and (ii) all Additional Rent payable hereunder for Operating Expenses shall be prorated for each month during such holdover period. D. During a holdover, no offer of surrender of the Premises, by delivery to Landlord or constitute a waiver its agent of any other rights keys to the Premises or remedies otherwise, will be binding on Landlord unless accepted by Landlord, in writing, specifying the effective surrender of the Premises. A, the expiration or termination of the Lease Term, Tenant shall deliver to Landlord provided herein or at lawall keys to the Premises and make known to Landlord the location and combinations of all locks, safes and similar items.

Holding Over. In addition Should Tenant or any of its successors in interest continue to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of hold the Premises after termination of this Lease, whether such termination occurs by lapse of time or otherwise, with Landlord's acquiescence, and without any part thereof after distinct agreement between the expiration parties, then for the first six (6) month period of the Termsuch holding over by Tenant, such holding over shall constitute and be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, construed as a use and occupancy charge with respect to, in addition tenancy at will at a monthly rental equal to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150125% of the monthly rental (including Base Rent Monthly Rental and any adjusted and additional rent) provided herein at the Adjustment Amount payable under time of such termination. At all times following the terms first six (6) month period of this Lease for such holding over by Tenant, such holding over shall then constitute and with respect be construed as a month to month tenancy at will at a monthly rental equal to one hundred fifty percent (150%) of the last full calendar month immediately monthly rental (including Base Monthly Rental and any adjusted and additional rent). At all times during the period of such holding over by Tenant (but only during such period of such holding over by Tenant and not prior to the expiration of the Term and after such initial normal term of this Lease), Tenant shall be entitled to terminate this Lease upon thirty (30) days prior written notice to Landlord. Similarly, at all times following the first six (6) month period of such holding over by Tenant, Landlord shall be entitled to terminate this Lease upon sixty (60) days prior written notice to Tenant and at all times following the expiration of such sixty (60) day notice period for each calendar month or portion thereof during which such holdover continuesfrom Landlord to Tenant, Tenant shall be regarded as a use tenant at sufferance and occupancy charge with respect tonot as a tenant at will; subject, in addition however, to all other charges for which the terms, provisions, covenants and agreements on the part of Tenant would be liable hereunder if it were occupying hereunder. At all times during the term period of this Leasesuch tenancy at sufferance, an amount equal no payments of money by Tenant to 150% of Landlord after the higher of (x) the Base Rent and the Adjustment Amount payable under the terms termination of this Lease for shall reinstate, continue, renew or extend the Term and with no extension of this Lease after the termination hereof shall be valid unless and until the same shall be reduced to writing and signed by both Landlord and Tenant. With respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid such tenancy at sufferance, Tenant shall be prorated liable to Landlord for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, all damage which Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any suffer by reason of Tenant's holding over by Tenant in the Premises. In addition, and Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer all claims made by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights tenant or remedies prospective tenant against Landlord resulting from delay by Landlord in delivering possession of Landlord provided herein the Premises to such other tenant or at lawprospective tenant.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains should remain in possession of the Premises all or any part thereof portion of the Tenant Space after the expiration of the TermTerm of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), such holding over shall be on without the terms execution by Landlord and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as of a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during new lease or an extension of the term Term of this Lease, during then Tenant shall be deemed to be occupying the first thirty (30) days entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150% %) of the Base Rent and Additional Rent payable by Tenant to Landlord during the Adjustment Amount last month of the Term of this Lease. The monthly rent payable under the terms for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of consequential or special damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease for and or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. Notwithstanding any provision to the last full calendar month immediately prior contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for or upon the earlier termination hereof or at any time during any holdover and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against assert any remedy at law or in equity to evict Tenant immediately upon any holding over by Tenant and collect damages in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of connection with any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawholdover.

Holding Over. In addition Should Tenant (or any subtenant, assignee or other party occupying the Premises by, through, under, or with the permission of Tenant), fail to performing vacate and surrender all or any portion of the Premises upon expiration or termination of this Lease or termination of Tenant’s other obligations hereunder, if Tenant retains right to possession of the Premises Premises, in the condition required under this Lease, without Landlord’s written consent, Tenant and/or such other parties shall, at Landlord’s option (which option Landlord may elect by notice to Tenant and/or such other parties at any time before or after such expiration or termination and regardless of whether Landlord has accepted rent during any part thereof after the expiration holdover period), become either a tenant at sufferance or a month-to-month tenant upon each and all of the Term, terms herein provided as may be applicable to such a tenancy and any such holding over shall not constitute an extension of this Lease (and any such tenancy shall be on a tenancy at sufferance unless and until Landlord exercises the terms and conditions as set forth in this Leaseforegoing option to create a month-to-month tenancy). During such holding over, as far as applicable, except that Tenant shall pay (and any such other parties shall be jointly and severally obligated to pay) in advance, as monthly, Basic Rental, applicable to only those floors where Tenant has held over, at a use and occupancy charge with respect to, in addition rate equal to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150125% of the Base Rent and rate in effect for the Adjustment Amount payable under last month of the terms Term of this Lease for and with respect to the last full calendar first month immediately prior to the expiration of the Term holdover and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as thereafter at a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount rate equal to 150% of the higher rate in effect for the last month of (x) the Base Rent Term of the Lease, in addition to, and not in lieu of, all other payments required to be made by Tenant hereunder including but not limited to Tenant’s Proportionate Share of Direct Costs. The parties agree that it would be impracticable or extremely difficult to fix Landlord’s actual damages for such holding over and that the Adjustment Amount payable foregoing increase in the rate of Basic Rental for holding over is a fair estimate and liquidation of such actual damages. Nothing contained in this Article 5 shall be construed as consent by Landlord to any holding over of the Premises by Tenant or any other parties, and Landlord expressly reserves the right to require Tenant and/or such other parties to vacate and surrender possession of the Premises to Landlord in the condition required under the terms of this Lease for and with respect to the last full calendar month immediately prior to upon the expiration or earlier termination of the Term or Tenant’s right to possession, or during any tenancy at sufferance thereafter. Any month-to-month tenancy created hereunder may be terminated by Tenant or Landlord giving the other party at least thirty (y30) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid days notice; provided such notice period shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, not prevent Landlord shall have from terminating the right to commence eviction proceedings against possession of the Premises earlier based on an Event of Default as provided in Articles 19 and 20. If Landlord provides Tenant immediately with at least thirty (30) days prior written notice that Landlord has a signed lease from a succeeding tenant to lease the Premises, and if Tenant fails to surrender the Premises upon any holding over by Tenant the later of (i) the date of expiration of such thirty (30) day period, or (ii) the date of expiration or termination of this Lease and/or Tenant’s right to possession of the Premises, in the Premises. In additioncondition required under this Lease, Tenant shall agrees to indemnify, defend and hold Landlord harmless from and against any all costs, loss, cost expense or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason liability relating to or arising out of any claims made by such holdover by Tenant succeeding tenant with whom Landlord has entered into a lease for all or a period portion of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawthe Premises and related real estate brokers’ claims and attorney’s fees and costs.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant shall pay Landlord for each day Tenant retains possession of the Premises or any part thereof of them after termination of this Lease by lapse of time or otherwise at the rate (“Holdover Rate”) which shall be One Hundred Fifty Percent (150%) of the amount of the Annual Rent for the last period prior to the date of such termination plus all Rent Adjustments under Article 4, prorated on a daily basis, and also pay all damages sustained by Landlord by reason of such retention; provided, however, if Tenant provides at least six (6) months prior written notice to Landlord of its intention to retain possession of the Premises after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term termination of this Lease, then during the first thirty (30) days of any such holdover 150% period, Tenant shall pay Landlord for each day Tenant retains possession of the Base Rent and the Adjustment Amount payable under the terms Premises or part of them after termination of this Lease the amount of the Annual Rent for and with respect to the last full calendar month immediately period prior to the expiration date of the Term such termination plus all Rent Adjustments under Article 4, prorated on a daily basis, and after Tenant shall not be liable for any damages sustained by Landlord by reason of such initial retention during such thirty (30) day period for each calendar month or portion thereof during which period. If Landlord gives notice to Tenant of Landlord’s election to such holdover continueseffect, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms such holding over shall constitute renewal of this Lease for and with respect a period from month to month at the last full calendar month immediately prior to Holdover Rate, but if the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid Landlord does not so elect, no such renewal shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, result notwithstanding acceptance by Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any sums due hereunder after such holdover by Tenant for termination; and instead, a period of longer than thirty (30) days. The provisions of this ARTICLE 19 tenancy at sufferance at the Holdover Rate shall not be deemed to limit have been created. In any event, no provision of this Article 14 shall be deemed to waive Landlord’s right of reentry or constitute a waiver of any other rights or remedies of Landlord provided herein right under this Lease or at law.

Holding Over. In addition Tenant shall have no right whatsoever to performing all of Tenant’s other obligations hereunder, if Tenant retains remain in possession of the Premises or any part thereof after following the expiration or earlier termination of the Lease Term, such holding over whether or not Landlord has given Tenant notice to vacate. If Tenant does not immediately surrender the Premises upon the expiration or earlier termination of the Lease Term, then Tenant shall become a tenant at sufferance subject to immediate eviction by Landlord at any time, and the rent shall be on increased to an amount equal to the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term greater of this Lease, during the first thirty (30x) days of such holdover 150% of the Base Annual Fixed Rent and Additional Rent calculated at the Adjustment Amount highest rate payable under the terms of this Lease for and with respect to during the last full calendar month immediately prior to the expiration first 30 days of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which any such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150200% of the higher of (x) the Base Annual Fixed Rent and Additional Rent calculated at the Adjustment Amount highest rate payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term thereafter, or (y) one twelfth 150% of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day rental value of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionSuch rent shall be computed on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises have been vacated. Landlord’s acceptance of such rent shall not in any manner adversely affect Landlord’s other rights and remedies, including Landlord’s right to evict Tenant and to recover damages, and Tenant shall indemnify, defend and hold Landlord harmless from and against any be liable for all loss, cost and damage incurred by Landlord resulting from Tenant’s failure and delay in surrendering the Premises. All property which remains in the Building or the Premises after the expiration or termination of this Lease shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other charges payable hereunder by Tenant to Landlord and any damages (including, without limitation reasonable attorneys’ fees) to which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of be entitled under this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or Lease and at lawlaw and in equity.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains or anyone claiming under or through Tenant shall remain in possession of the Demised Premises or any part thereof after the expiration of the Termterm of this Lease without any agreement in writing between Landlord and Tenant with respect thereto, Tenant shall: (a) be deemed a tenant at sufferance, and such occupancy during such holding over shall be on subject to all of the terms applicable tem1s and conditions as set forth of this Lease other than Base Rent and those relating to the length of term, and in addition to the Rents (other than Base Rent) payable pursuant to this Lease, as far as applicable, except that Tenant shall paypay to Landlord an amount equal to the greater of (i) the then fair market rental for the Demised Premises, or (ii) two (2) times the annual rate (determined on a per diem basis, based on a 365-day year) of Base Rent payable during the last year of the tenn of this Lease for each and every day after the expiration of the tenn of this Lease up to and including the day that vacant possession of the Demised Premises is surrendered (and acceptance of Rent or other payments by Landlord shall not create a new or additional tenancy other than as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would aforesaid); (b) be liable hereunder to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Demised Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, and (ii) the loss of the benefit of the bargain if it were occupying during any New Tenant shall terminate its lease by reason of the holding-over by Tenant; and (c) indemnify Landlord against all claims for damages by any New Tenant. No holding-over by Tenant, or the payment to Landlord of the amounts specified above, shall operate to extend the term of this Lease, during the first thirty (30) days of such holdover 150% . Nothing herein contained shall be deemed to permit Tenant to retain possession of the Base Rent and Demised Premises after the Adjustment Amount payable under the terms Expiration Date or sooner termination of this Lease for Lease, and with respect to no acceptance by Landlord of payments from Tenant after the last full calendar month immediately prior to the expiration Expiration Date or sooner tem1ination of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal Lease shall be deemed to 150% be other than on account of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect amount to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over paid by Tenant in accordance with the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawSection.

Holding Over. In addition the event of holding over by Tenant after expiration or other termination of this Lease or in the event Tenant continues to performing all occupy the Premises after the termination of Tenant’s other obligations hereunder's right of possession pursuant to Articles XXII and XXIII hereof, if Tenant retains possession occupancy of the Premises subsequent to such termination or any part thereof after the expiration of the Term, such holding over shall be on that of a tenancy at sufferance and in no event for month-to-month or year-to-year. Tenant shall, throughout the entire holdover period, be subject to all the terms and conditions as set forth in provisions of this Lease, as far as applicable, except that Tenant Lease and shall pay, as a pay for its use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount (on a per month basis without reduction for any partial months during any such holdover) equal to 150% of the higher sum of (x) the Base Rent Rental and Additional Base Rental due for the Adjustment Amount payable under period immediately preceding such holding over, provided that in no event shall Base Rental and Additional Base Rental during the terms holdover period be less than the fair market rental for the Premises. Notwithstanding the foregoing, if such holding over continues for more than fifteen (15) days, effective as of this Lease the sixteenth (16th) day, holdover rent shall increase to 200% of the sum of the Base Rental and Additional Base Rental due for and with respect the period immediately preceding such holding over. No holding over by Tenant or payments of money by Tenant to the last full calendar month immediately prior to Landlord after the expiration of the Lease Term shall be construed to extend the Lease Term or (y) one twelfth prevent Landlord from recovery of immediate possession of the annual fair market rent for Premises by summary proceedings or otherwise. In addition to the Premises under a one (1) year lease commencing on obligation to pay the day immediately succeeding the last day of the Term. Amounts due as aforesaid amounts set forth above during any such holdover period, Tenant also shall be prorated liable to Landlord for partial months on a per diem basis. Notwithstanding anything to the contrary herein containedall damage, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon including any holding over by Tenant in the Premises. In additionconsequential damage, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any holding over by Tenant, and Tenant shall indemnify Landlord against any and all claims made by any other tenant or prospective tenant against Landlord for delay by Landlord in delivering possession of the Premises to such other tenant or prospective tenant. Notwithstanding the foregoing, Tenant shall not be liable for consequential damages unless the holdover by Tenant continues for a period of longer than thirty (30) days. The provisions or more days after the termination of this ARTICLE 19 shall not be deemed Lease or Tenant's right to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawpossession.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant shall pay Landlord for each day Tenant retains possession of the Leased Premises or any part thereof of them after termination of this Lease by lapse of time or otherwise at the expiration rate (“Holdover Rate”) which shall be One Hundred Fifty Percent (150%) of the Termgreater of (a) the amount of the Minimum Monthly Rent for the last period prior to the date of such termination plus Tenant’s Proportionate Share of Operating Costs, Real Estate Taxes and Insurance; and (b) the then market rental value of the Leased Premises as determined by Landlord assuming a new lease of the Leased Premises of the then usual duration and other terms, in either case, prorated on a daily basis, and also pay all damages sustained by Landlord by reason of such retention. If Landlord gives notice to Tenant of Landlord’s election to such effect, such holding over shall constitute renewal of this Lease for a period from month to month at the Holdover Rate, but if the Landlord does not so elect, no such renewal shall result notwithstanding acceptance by Landlord of any sums due hereunder after such termination; and instead, a tenancy at sufferance at the Holdover Rate shall be on deemed to have been created. In any event, no provision of this Section 33.2 shall be deemed to waive Landlord’s right of reentry or any other right under this Lease or at law. Additionally, in the terms event that upon termination of the Lease, Tenant has not fulfilled its obligation with respect to repairs and conditions cleanup of the Leased Premises or any other Tenant obligations as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, then Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of perform any such holdover obligations as it deems necessary at Tenant’s sole cost and expense, and any actual and reasonable time required by Tenant for Landlord to complete such obligations shall be considered a period of longer than thirty (30) days. The provisions holding over and the terms of this ARTICLE 19 section shall not apply (provided, however, for the avoidance of doubt, such period of hold over under this sentence shall relate only to the actual and reasonable time required by Landlord to complete such obligations and in no event shall Landlord be deemed entitled to limit or constitute elect the same to be a waiver of any other rights or remedies of Landlord provided herein or at lawmonth-to-month tenancy).

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, The Lease shall be extended on a month-to-month basis if Tenant retains possession of fails to vacate the Premises upon expiration or any part thereof after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term sooner termination of this Lease. The rent to be paid by ▇▇▇▇▇▇ during such continued occupancy shall be the same being paid by ▇▇▇▇▇▇ as of the date of expiration or sooner termination, during subject to Article 15. Landlord and ▇▇▇▇▇▇ each hereby agree to give the first other Party at least thirty (30) days written notice prior to termination of any holdover tenancy. Fiscal Funding. As set forth in State of Colorado Fiscal Rules and Article 23B. below, this Lease is dependent upon the continuing availability of funds beyond the term of the State's current fiscal period ending upon the next succeeding June 30, as financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. While the act of appropriation is a legislative act, ▇▇▇▇▇▇ will take appropriate actions under the laws applicable to Tenant to timely and properly budget for, request of and seek and pursue appropriation of funds from the General Assembly of the State of Colorado permitting Tenant to make payments required hereunder during the period to which such appropriation applies. If funds are not appropriated, this Lease shall terminate upon the exhaustion of such holdover 150% appropriation, with no penalty or additional cost to Tenant. Tenant shall notify Landlord of such non-allocation of funds by sending written notice thereof to Landlord forty-five (45) days prior to the effective date of termination. Tenant’s obligation to pay rent hereunder constitutes a current expense of Tenant payable exclusively from Tenant's funds and shall not in any way be construed to be a general obligation indebtedness of the Base Rent State of Colorado or any agency or department thereof within the meaning of any provision of §§ 1,2,3,4, or 5 of Article XI of the Colorado Constitution, or any other constitutional or statutory limitation or requirement applicable to the State concerning the creation of indebtedness. Neither Tenant, nor Landlord on its behalf, has pledged the full faith and credit of the Adjustment Amount payable under State, or any agency or department thereof to the terms payment of the charges hereunder, and this Lease shall not directly or contingently obligate the State or any agency or department thereof to apply money from, or levy or pledge any form of taxation to, the payments due hereunder. Federal Funding. If any or all funds for payment of this Lease for and with respect to are provided by the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continuesFederal Government, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for is subject to and with respect to contingent upon the last full calendar month immediately prior to the expiration continuing availability of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein containedFederal funds, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionand if such funds are not made available, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason unilaterally terminate this Lease at the end of any such holdover by Tenant for a period of longer than thirty month after providing ninety (3090) days. The provisions of this ARTICLE 19 shall not be deemed days written advance termination notice to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawLandlord.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains possession of the Leased Premises or any part thereof after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term or earlier termination of this Lease, Tenant shall be a tenant at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall (a) pay an amount (on a per month basis without reduction for partial months during the first holdover) equal to one hundred fifty percent (150%) of the Monthly Rental Installment (as defined in Section 3.03(a)) due for the period immediately preceding the holdover and the monthly installment of Additional Rent (as defined in Section 3.03(a)) that would be due for the period; (b) if such holdover continues for thirty (30) days after the expiration or earlier termination of such holdover 150% this Lease, be liable to Landlord for any payment or rent concession that Landlord is required to make (and does make) to any tenant obtained by Landlord for all or any part of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect Leased Premises (a “New Tenant”) in order to the last full calendar month immediately prior induce such New Tenant not to the expiration terminate its lease by reason of the Term and after such initial holding-over by Tenant, provided that Landlord notified Tenant of a signed lease with New Tenant at least thirty (30) day period for each calendar month or portion thereof during which days prior to the end of the Lease Term; (c) if such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges continues for which Tenant would be liable hereunder if it were occupying during ninety (90) days after the term expiration or earlier termination of this Lease, an amount equal be liable to 150% Landlord for the loss of the higher benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding-over by Tenant; and (xd) indemnify Landlord against all claims for damages by any New Tenant. No holdover by Tenant or payment by Tenant after the Base Rent and the Adjustment Amount payable under the terms termination of this Lease for and with respect shall be construed to extend the last full calendar month immediately prior to the expiration Lease Term or prevent Landlord from immediate recovery of possession of the Term Leased Premises by summary proceedings or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid otherwise, and this Section 2.06 shall be prorated for partial months on a per diem basis. Notwithstanding anything in no way constitute consent by Landlord to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in upon the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost expiration or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions earlier termination of this ARTICLE 19 shall not be deemed to Lease, nor limit or constitute a waiver of any other rights or Landlord’s remedies of Landlord provided herein or at lawin such event.

Holding Over. In addition to performing Should Tenant, without Landlord's written consent, hold over after termination of this Lease, Tenant shall become a tenant from month-to-month, only upon each and all of Tenant’s other obligations hereunderthe terms herein provided as may be applicable to a month-to-month tenancy and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, if monthly and in advance, 150% of the greater of (i) the annual Rent that was payable immediately preceding the hold-over period or (ii) the fair rental value of the Premises as determined in accordance with the procedure set forth in Article 2B hereof for determining Fair Market Rent, prorated on a per diem basis, for each day Tenant retains shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease ("Holdover Rent"), together with all damages sustained by Landlord on account thereof and all other payments required to be made by Tenant hereunder. In no event shall Tenant be responsible for any consequential or indirect damages of Landlord except as otherwise set forth herein. Notwithstanding anything contained in this Article to the expiration contrary, for the first sixty (60) days of the Termany such holdover, such holding over Tenant shall be on liable to Landlord only for the terms and conditions Holdover Rent as set forth in this Leaseabove. The foregoing provisions shall not serve as permission for Tenant to hold-over, as far as applicable, except that nor serve to extend the Term (although Tenant shall pay, as a use and occupancy charge remain bound to comply with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms provisions of this Lease for until Tenant vacates the Premises) and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right at any time thereafter to commence eviction proceedings against enter and possess the Premises and remove all property and persons therefrom or to require Tenant immediately to surrender possession of the Premises as provided in this Lease upon any holding over by the expiration or earlier termination of the Term. If Tenant in fails to surrender the Premises. In additionPremises upon the expiration or termination of this Lease, except as expressly provided hereunder, Tenant shall agrees to indemnify, defend and hold harmless Landlord harmless from and against any all costs, loss, cost expense or damages (includingliability, including without limitation reasonable attorneys’ fees) limitation, claims made by any succeeding tenant with which Landlord may suffer has executed a lease for the Premises as of the expiration date of this Lease, and real estate brokers' claims and attorneys' fees. No acceptance by reason Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord's express written approval, such holdover month-to-month tenancy may be cancelled by Tenant for a period of longer than either party with thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed ' prior written notice to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawthe other.

Holding Over. In addition Unless Landlord expressly consents in writing to performing all Tenant's holding over, Tenant shall be unlawfully and illegally in possession of Tenant’s the Premises, whether or not Landlord accepts any rent from Tenant or any other obligations hereunder, if person while Tenant retains remains in possession of the Premises without Landlord's written consent. If Tenant shall retain possession of the Premises or any part portion thereof after without Landlord's consent following the expiration of this Lease or sooner termination for any reason, then Tenant shall pay to Landlord for each day of such retention the Termamount-greater of one-hundred and fifty percent (150.0%) of the amount of the daily rental as of the last month prior to the date of expiration or earlier termination or one-hundred and fifty percent (150.0%) of the then current market rent for comparable space in Mountain View. Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, including consequential and incidental damages and reasonable attorneys' fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by the succeeding tenant founded on such holding over delay. Acceptance of Rent by Landlord following expiration or earlier termination of this Lease, or following demand by Landlord for possession of the Premises, shall be on not constitute a renewal of this Lease, and nothing contained in this Paragraph 25 shall waive Landlord's right of reentry or any other right. Additionally, if upon expiration or earlier termination of this Lease, or following demand by Landlord for possession of the terms Premises, Tenant has not fulfilled its obligation with respect to repairs and conditions cleanup of the Premises or any other Tenant obligations as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, then Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of perform any such holdover obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Tenant for Landlord to complete such obligations shall be considered a period of longer than thirty (30) daysholding over and the terms of this Paragraph 25 shall apply. The provisions of this ARTICLE 19 Paragraph 25 shall not be deemed to limit survive any expiration or constitute a waiver earlier termination of any other rights or remedies of Landlord provided herein or at lawthis Lease.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if (a) If Tenant retains possession of any portion of the Premises or any part thereof after the expiration or the earlier termination of this Lease, then, unless City expressly agrees to the Holdover in writing, Tenant will be a tenant at sufferance and Tenant will pay City pay Base Rent equal to one hundred fifty percent (150%) of the Termlatest Base Rent payable by Tenant before the expiration or termination of the Lease, such holding over shall [together with one hundred fifty percent (150%) of the Percentage Rent shown in the Basic Lease Information, and ]together with an amount estimated by City for the Additional Charges, and will otherwise be on the terms and conditions as set forth specified in this Lease, as Lease so far as applicableapplicable (except for those pertaining to the Term and any Extension Options). Any failure by Tenant to surrender, except that Tenant shall paydiscontinue using, as a use and occupancy charge with respect toor, in addition if required by City, any failure to all other charges remove any property or equipment following written demand by City, will constitute Tenant’s holding over without City’s consent for which Tenant would be liable hereunder if it were occupying during the term purposes of this LeaseSection. Tenant acknowledges that the foregoing provisions do not serve as permission for the Tenant to hold over or serve to extend the Term. Any Holdover without City’s consent will constitute a default by Tenant and entitle City to exercise any or all of its remedies, during notwithstanding that City may elect to accept one or more payments of Rent, and whether or not the first thirty (30) days of such amounts are at the holdover 150% rate specified above or the rate in effect at the end of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to Term. (b) Any holding over after the expiration of the Term with City’s express written consent will be construed to automatically extend the Term on a month-to-month basis at a Base Rent equal to one hundred fifty percent (150%) of the latest Base Rent payable by Tenant before the expiration, [together with one hundred fifty percent (150%) of the Percentage Rent shown in the Basic Lease Information, and after such initial thirty ] together with an amount estimated by City for the monthly Additional Charges, and will otherwise be on the terms and conditions specified in this Lease so far as applicable (30except for those pertaining to the Term and any Extension Options). (c) day period for each calendar month Tenant’s obligations under this Section will survive the expiration or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term termination of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains should remain in possession of the Premises all or any part thereof portion of the Tenant Space after the expiration of the TermTerm of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), such holding over shall be on without the terms execution by Landlord and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as of a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during new lease or an extension of the term Term of this Lease, during then Tenant shall be deemed to be occupying the first thirty (30) days entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150% %) of the Base Rent and payable by Tenant to Landlord during the Adjustment Amount payable under last month of the terms Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for and such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the last full calendar month immediately prior contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for or upon the earlier termination hereof or at any time during any holdover and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against assert any remedy at law or in equity to evict Tenant immediately upon any holding over by Tenant and collect damages in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of connection with any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawholdover.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains possession of the Premises or any part thereof Property after the expiration of the TermExpiration Date, Tenant shall pay Base Rent during such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty at one hundred percent (30100%) days of such holdover 150% of the Base Rent in effect immediately preceding such holding over for the first month of holdover, and the Adjustment Amount payable under the terms thereafter at one hundred twenty-five percent (125%) of this Lease for and with respect to the last full calendar month Base Rent in effect immediately prior to the expiration of the Term and after preceding such initial thirty (30) day period holding over, computed on a monthly basis for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for each partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against month that Tenant immediately upon any holding over by Tenant remains in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) dayspossession. The provisions of this ARTICLE 19 Section do not waive Landlord’s right of re-entry or right to regain possession by actions at law or in equity or any other rights hereunder, and any receipt of payment by Landlord shall not be deemed a consent by Landlord to Tenant’s remaining in possession or be construed as creating or renewing any lease or right of tenancy between Landlord and Tenant. If Tenant shall default in so surrendering the Property, Tenant’s occupancy subsequent to such expiration or termination shall be deemed to be that of a tenant at will, and in no event, from month to month, shall be subject to all the terms, covenants, and conditions of this Lease applicable thereto, and no extension or renewal of this Lease shall be deemed to have occurred by such holding over. Notwithstanding anything contained in this Lease to the contrary, in the event any applicable federal, state, or local law, code, or regulation, including, without limitation, applicable healthcare laws, codes, or regulations, limit or constitute a waiver the period of any other rights such holdover, Landlord and Tenant shall comply therewith. Notwithstanding the foregoing, if an Event of Default occurs pursuant to which Landlord enters and retakes possession of the Property, and any Health Information or remedies Individually Identified Health Information (“PHI”), as defined pursuant to 45 CFR 160.103, is at the Property at the time of such entry and retaking, Landlord provided herein shall promptly relinquish possession of all such PHI to Tenant or at lawTenant’s legal representative and Landlord hereby relinquishes all claims to such PHI and shall comply with the provisions of Section 8.1(l).

Holding Over. In addition TENANT will have no right to performing all of Tenant’s other obligations hereunder, if Tenant retains remain in possession of the Premises all or any part thereof of the Leased Premises after the expiration of the Termterm. If TENANT remains in possession of all or any part of the Leased Premises after the expiration of the term, with the express or implied consent of LANDLORD: (a) such holding over shall tenancy will be on deemed to be a periodic tenancy from month-to-month only; (b) such tenancy will not constitute a renewal or extension of this LEASE for any further term; and (c) such tenancy may be terminated by LANDLORD upon the terms earlier of 30 days’ prior written notice or the earliest date permitted by law. The parties recognize and conditions as set forth in this Leaseagree that the damage to LANDLORD resulting from any failure by TENANT to timely surrender possession of the Leased Premises will be substantial, as far as applicablewill exceed the amount of the monthly installments of the rent payable hereunder, except and will be impossible to measure accurately. TENANT therefore agrees that Tenant shall pay, as a use and occupancy charge with respect toif possession of the Leased Premises is not surrendered to LANDLORD upon the Expiration Date or sooner termination of the LEASE, in addition to all any other charges rights or remedies LANDLORD may have hereunder or at law, TENANT shall pay to LANDLORD, as liquidated damages, for each month and for each portion of any month during which Tenant would be liable hereunder if it were occupying during TENANT holds over in the term Leased Premises after the Expiration Date or sooner termination of this LeaseLEASE, during a sum equal to one and one half (1-1/2) times the first thirty (30) days aggregate of such holdover 150% that portion of the Monthly Base Rent and the Adjustment Amount additional rent that was payable under the terms of this Lease for and with respect to LEASE during the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month term. Nothing herein contained shall be deemed to permit TENANT to retain possession of all or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% any part of the higher of (x) Leased Premises after the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration Expiration Date or sooner termination of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) daysLEASE. The provisions of this ARTICLE 19 Section 26.11 shall not be deemed to limit survive the Expiration Date or constitute a waiver sooner termination of any other rights or remedies of Landlord provided herein or at lawthis LEASE.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains shall for any reason remain in ------------ possession of the Premises or any part thereof Leased Property after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or earlier termination of the Term (yother than solely due to Lessor's failure, on or prior to (a) the ninetieth (90th) day preceding the expiration of the Term as to such Leased Property or (b) if this Lease is terminated prior to such expiration due to Lessor's default, the earlier termination of the Term as to such Leased Property, to have notified Tenant that Lessor has procured a Qualified Successor for such Leased Property), such possession shall, at the option of Lessor in its sole discretion as to each such Leased Property, be as a month-to-month tenant during which time Tenant shall pay as rental each month (which rental constitutes liquidated damages with respect to Rent, and not a penalty for the period to which it relates), one and one-half times the aggregate of (i) one- twelfth of the aggregate annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day amounts of Current Rent and Accrued Rent payable as of the Term. Amounts due end of the preceding Term and, in the case of a month-to-month tenancy as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to less than all of the Leased Properties, allocable to the contrary herein containedLeased Property(ies) in question in accordance with Section 16.9 hereof; (ii) all ------------ Additional Charges accruing during the month and (iii) all other sums, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over if any, payable by Tenant pursuant to the provisions of this Lease with respect to the Leased Property(ies) in the Premisesquestion. In additionDuring such period of month-to-month tenancy, Tenant shall indemnifybe obligated to perform and observe all of the terms, defend covenants and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions conditions of this ARTICLE 19 Lease with respect to the Leased Property(ies) in question, but shall not be deemed have no rights hereunder other than the right, to limit the extent given by law to month-to-month tenancies to continue its occupancy and use of the applicable Leased Property. Subject to Section 40.3, nothing contained herein ------------ shall constitute the consent, express or constitute a waiver implied, of any other rights Lessor to the holding over of Tenant after the expiration or remedies earlier termination of Landlord provided herein or at lawthis Lease.

Holding Over. In addition the event Tenant or any party under Tenant claiming rights to performing all of Tenant’s other obligations hereunderthis Lease, if Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, such possession shall constitute and be construed as far a tenancy at will only, subject, however, to all of the terms, provisions, covenants and agreements on the part of Tenant hereunder; such parties shall be subject to immediate eviction and removal and Tenant or any such party shall pay Landlord as rent for the period of such holdover an amount equal to one and one-half (1-1/2) times the Basic Annual Rent and Additional Rent (as hereinafter defined) in effect immediately preceding expiration or termination, as applicable, except prorated on a daily basis. Tenant shall also pay actual damages sustained by Landlord by reason of Tenant's holding over after the Required Vacancy Date (hereinafter defined); provided that Tenant shall pay, be liable for lost profits and/or penalties incurred by Landlord in connection with a lease of the Premises to a third party as a use result of Tenant's holding over only if Landlord gives a written notice to Tenant (i) stating that Landlord has entered into a lease with a proposed tenant covering the Premises or a portion thereof and, if less than the entire Premises, identifying the portion of the Premises leased, and occupancy charge (ii) setting forth a date (the "Required Vacancy Date") on which Landlord requires Tenant to vacate the Premises, which date shall be no earlier than the later to occur of (i) thirty (30) days after Tenant's receipt of Landlord's notice, or (ii) the Expiration Date, and Tenant fails to vacate the Premises (or the portion thereof subject to a third-party lease) on or before the Required Vacancy Date. The rent during such holdover period shall be payable to Landlord from time to time on demand; provided, however, if no demand is made during a particular month, holdover rent accruing during such month shall be paid in accordance with respect tothe provisions of Article 2. Tenant will vacate the Premises and deliver same to Landlord immediately upon Tenant's receipt of notice from Landlord to so vacate. No holding over by Tenant, in addition whether with or without consent of Landlord, shall operate to all other charges for which Tenant would be liable hereunder if it were occupying during extend the term of this Lease, during ; no payments of money by Tenant to Landlord after the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms expiration or earlier termination of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month shall reinstate, continue or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during extend the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent ; and the Adjustment Amount payable under the terms no extension of this Lease for and with respect to the last full calendar month immediately prior to after the expiration of or earlier termination thereof shall be valid unless and until the Term or (y) one twelfth of the annual fair market rent for same shall be reduced to writing and signed by both Landlord and Tenant. If Landlord elects to cause Tenant to be ejected from the Premises through judicial process, and without in any way limiting Landlord's rights under a subsection 1.302 above, Tenant agrees that Landlord will not be required to deliver Tenant more than one (1) year lease commencing on the day immediately succeeding the last day days' notice to vacate prior to Landlord's filing of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premisesforcible detainer suit. In addition, Tenant agrees that Landlord shall indemnify, defend and hold be entitled to the payment of its reasonable legal fees in the event that Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer prevails in a forcible detainer action brought by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawLandlord.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if 16.1 If Tenant retains possession of the Premises or any part thereof holds over after the expiration of the TermLease Term or earlier termination thereof, with the express or implied consent of Landlord, such holding over tenancy shall be on from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the terms expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and conditions as set forth in this Leaseshall not constitute a renewal hereof or an extension for any further term. In either case, as far as applicable, except that Tenant Base Rent shall pay, as be payable at a use and occupancy charge with respect to, in addition monthly rate equal to all other charges for which Tenant would be liable hereunder if it were occupying during (x) the term higher of this Lease, during the first thirty fair market rent or one twenty-five percent (30125%) days of such holdover 150% of the Base Rent and applicable during the Adjustment Amount payable last rental period of the Lease Term under the terms of this Lease for the first 30 days of such hold over and (y) one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease thereafter (provided that, with respect to the last full calendar month immediately prior to Initial Premises, the expiration monthly rate shall be based on the applicable multiple of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and payable in the Adjustment Amount payable under first year following the terms of this Lease for and with respect to Rent Commencement Date). Such month-to-month tenancy or tenancy by sufferance, as the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid case may be, shall be prorated for partial months on a per diem basissubject to every other applicable term, covenant and agreement contained herein. Notwithstanding anything Nothing contained in this Article 16 shall be construed as consent by Landlord to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost expiration or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason other termination of any such holdover by Tenant for a period of longer than thirty (30) daysthis Lease. The provisions of this ARTICLE 19 Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom (provided that Tenant shall have no liability for consequential or indirect damages for such holdover, including claims of a succeeding tenant, for the first 30 days of such holdover).

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains possession of the Premises or any part thereof holds over for more than thirty (30) days after the expiration of the TermLease Term or earlier termination thereof, such holding over tenancy shall be on a tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in such case Rent shall be payable at a daily rate equal to the terms and conditions as set forth in product of (i) the daily Rent applicable during the last unabated rental period of the Lease Term under this Lease, as far as applicable, except that Tenant shall pay, as and (ii) a use and occupancy charge with respect to, in addition percentage equal to all other charges for which Tenant would be liable hereunder if it were occupying 125% during the term first three (3) months immediately following the expiration or earlier termination of the Lease Term, and 150% thereafter. Such tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 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 provided in this Lease upon the expiration or other termination of this Lease. If Tenant holds over without Landlord’s express written consent, during the first thirty (30) days and tenders payment of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease rent for and with respect to the last full calendar month immediately prior to any period beyond the expiration of the Lease Term by way of check (whether directly to Landlord, its agents, or to a lock box) or wire transfer, Tenant acknowledges and after agrees that the cashing of such initial thirty (30) day period for each calendar month check or portion thereof during which acceptance of such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid wire shall be prorated for partial months on considered inadvertent and not be construed as creating a per diem basis. Notwithstanding anything month-to-month tenancy, provided Landlord refunds such payment to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately promptly upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost learning that such check has been cashed or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) dayswire transfer received. The provisions of this ARTICLE 19 Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises within one (1) month after the termination or expiration of this Lease, then in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom. Tenant agrees that any proceedings necessary to recover possession of the Premises, whether before or after expiration of the Lease Term, shall be considered an action to enforce the terms of this Lease for purposes of the awarding of any attorney’s fees in connection therewith.

Holding Over. In addition to performing all Tenant acknowledges that it is extremely important that Landlord have substantial advance notice of Tenant’s other obligations hereunderthe date on which Tenant will vacate the Premises. Therefore, if Tenant retains possession of (or anyone claiming through Tenant) does not immediately surrender the Premises or any part portion thereof after upon the expiration or earlier termination of the Lease Term, such holding over then the rent payable by Tenant hereunder shall be on increased to equal the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher greater of (x1) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one entire Premises, or (12) year lease commencing on the day immediately succeeding the last day following percentages of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything Base Rent, additional rent and other sums that would have been payable pursuant to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 Lease if the Lease Term had continued during such holdover period: one hundred fifty percent (150%) for each of the first three (3) months of such holdover; and two hundred percent (200%) for each month thereafter. Such rent shall be computed by Landlord and paid by Tenant on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises have been vacated. Notwithstanding any other provision of this Lease, Landlord’s acceptance of such rent shall not in any manner adversely affect Landlord’s other rights and remedies, including Landlord’s right to evict Tenant and to recover all damages. Any such holdover shall be deemed to limit be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month. In no event shall any holdover be deemed a permitted extension or renewal of the Lease Term, and nothing contained herein shall be construed to constitute a waiver of Landlord’s consent to any other rights holdover or remedies of Landlord provided herein or at lawto give Tenant any right with respect thereto.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration of the Term, such holding over term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable, applicable except that Tenant shall pay, pay as a use and occupancy charge with respect toan amount equal to (x) the Additional Rent plus 150% the Monthly Fixed Rent for the first thirty (30) days following the expiration of the Lease Term, in addition to all other charges for and (y) the Additional Rent plus 200% of the Monthly Fixed Rent thereafter, and terminating on the day on which Tenant would vacates the Premises. In addition, Tenant shall save Landlord, its agents and employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages (including all consequential, indirect, and special damages and lost profits; provided, however, that Tenant shall not be liable hereunder if it were occupying during the term of this Lease, for such damages during the first thirty (30) days of such holdover 150% any holding over period) which Landlord may suffer on account of Tenant’s hold-over in the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to Premises after the expiration or prior termination of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of . Nothing in the higher of (x) the Base Rent and the Adjustment Amount payable under the terms foregoing nor any other term or provision of this Lease for and with respect shall be deemed to permit Tenant to retain possession of the last full calendar month immediately prior to Premises or hold over in the Premises after the expiration or earlier termination of the Term Lease Term. All property which remains in the Office Area or (y) one twelfth the Premises after the expiration or termination of this Lease shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the annual fair market sale, the cost of moving and storage, any arrears of rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over or other charges payable hereunder by Tenant in the Premises. In addition, Tenant shall indemnify, defend to Landlord and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) to which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of be entitled under this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or Lease and at lawlaw and in equity.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains holds over in possession of the Premises or any part thereof after the expiration or sooner termination of the TermTerm of the Lease, as same may be extended, such holding over shall not be on deemed to extend the terms and conditions as set forth in Term or renew this Lease, as far as applicable, but such holding over thereafter shall continue upon the covenants and conditions herein set forth except that Tenant shall pay, as a the charge for use and occupancy charge with respect of such holding over for each calendar month or part thereof (even if such part shall be a small fraction of a calendar month) shall be equal to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover holdover, one hundred fifty percent (150% %), and thereafter, two hundred percent (200%), of the Base Fixed Rent and payable for the Adjustment Amount payable under immediately preceding monthly installment of Fixed Rent, together with one hundred percent (100%) of all Additional Rent due hereunder. Neither the terms billing nor the collection of use and occupancy in the above amount shall be deemed a waiver of any right of Landlord to collect damages for Tenant’s failure to vacate the demised premises after the expiration or sooner termination of this Lease Lease. If Tenant’s holdover shall continue for and with respect to the last full calendar month immediately prior to sixty (60) days beyond the expiration or sooner termination of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal Tenant shall be liable to 150% Landlord for and indemnify Landlord against (a) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any party of the higher demised premises (a “New Tenant”) by reason of (x) the Base Rent and the Adjustment Amount payable under the terms late delivery of this Lease for and with respect space to the last full calendar month immediately prior New Tenant as a result of Tenant’s holding over or in order to the expiration induce such New Tenant not to terminate its lease by reason of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in Tenant; (b) the Premises. In addition, loss of the benefit of the bargain is any New Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer terminate its lease by reason of the holding over by Tenant; and (c) any such holdover claim for damages by Tenant for a period of longer than thirty (30) daysany New Tenant. The provisions of this ARTICLE 19 Article shall not be deemed to limit survive the expiration or constitute a waiver sooner termination of any other rights or remedies of Landlord provided herein or at lawthis Lease.

Holding Over. In addition to performing all If Sub-Subtenant (directly or through any transferee or other successor- in-interest of Tenant’s other obligations hereunder, if Tenant retains Sub-Subtenant) remains in possession of the Premises all or any part thereof of the Sub-Sublease Premises after the expiration Sub-Sublease Expiration Date or earlier termination of the Termthis Sub-Sublease, such holding over over, in the absence of an express written agreement to the contrary, shall be on the terms basis of a tenancy at the sufferance of Sub-Sublandlord. In such event, Sub-Subtenant shall continue to comply with all of the terms, conditions and conditions covenants of this Sub-Sublease as set forth in this Lease, as far as applicablethough the Sub-Sublease Term had continued, except that Tenant such tenancy at sufferance shall pay, as a use be terminable by Sub-Sublandlord at any time and occupancy charge with respect toRent shall be paid for each month (or portion thereof) during which Sub-Subtenant holds over in the Sub-Sublease Premises after the expiration or earlier termination of this Sub-Sublease, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher monthly Base Sub-Sublease Rent due under this Sub-Sublease, plus all other amounts that would otherwise have been payable as Additional Rent had the Sub-Sublease Term continued through the period of such holding over. If Sub-Subtenant fails to surrender the Sub-Sublease Premises on the Sub-Sublease Expiration Date or earlier termination of this Sub-Sublease, in addition to any other liabilities to Sub-Sublandlord accruing therefrom, Sub-Subtenant shall indemnify and hold Sub-Sublandlord harmless from all loss or liability resulting from such failure, including without limitation (xi) any claims of Master Landlord against Sub-Sublandlord for failure to surrender the Base Rent Sub-Sublease Premises at the time and in the Adjustment Amount payable manner required under the terms Master Lease or for violating any term of the Master Lease, (ii) any claims of Chinook against Sub-Sublandlord for failure to surrender the Sub-Sublease Premises at the time and in the manner required under the Perfect Day Sublease or for violating any term of the Perfect Day Sublease, and (iii) any claims made by any succeeding tenant or other third party based upon such failure. This indemnification obligation shall survive the expiration or earlier termination of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) daysSub-Sublease. The provisions of this ARTICLE 19 shall Section 4.11 are in addition to and do not be deemed to limit or constitute a waiver of any other Sub-Sublandlord’s rights or remedies of Landlord provided herein or at lawSub-Subtenant’s obligations under this Sub-Sublease.

Holding Over. In addition 22.1 Tenant acknowledges that it is extremely important that Landlord have substantial advance notice of the date on which Tenant will vacate the Premises, because Landlord will require an extensive period to performing all of Tenant’s other obligations hereunder, locate a replacement tenant and because Landlord plans its entire leasing and renovation program for the Building in reliance on the Expiration Date. Tenant also acknowledges that if Tenant retains possession of fails to surrender the Premises or any part portion thereof after at the expiration or earlier termination of the Lease Term, then it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Base Rent and additional rent that would have been payable had the Lease Term continued during such holding over holdover period. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender the Premises or any portion thereof upon the expiration or earlier termination of the Lease Term, then the rent payable by Tenant hereunder shall be increased to equal: (1) one hundred fifty percent (150%) of the Base Rent that would have been payable pursuant to the provisions of this Lease if the Lease Term and continued during such holdover period for the first three (3) months of the holdover period, and (2) double the Base Rent that would have been payable pursuant to the provisions of this Lease if the Lease Term had continued during such holdover period thereafter. Such rent shall be computed by Landlord and paid by Tenant on a monthly basis and shall be payable on the terms first day of such holdover period and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all the first day of each calendar month thereafter during such holdover period until the Premises have been vacated. Notwithstanding any other charges for which Tenant would be liable hereunder if it were occupying during the term provision of this Lease, during the first thirty (30) days Landlord’s acceptance of such holdover 150% of the Base Rent rent shall not in any manner adversely affect Landlord’s other rights and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which remedies. Any such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month. In no event shall any holdover be deemed a permitted extension or renewal of the Lease Term, and nothing contained herein shall be construed to constitute a waiver of Landlord’s consent to any other rights holdover or remedies of Landlord provided herein or at lawto give Tenant any right with respect thereto.

Holding Over. In addition At the termination of this Lease by its expiration or otherwise, Tenant immediately shall deliver possession to performing Landlord with all of Tenant’s other obligations hereunderrepairs and maintenance required herein to be performed by Tenant completed. If, if for any reason, Tenant retains possession of the Premises or any part thereof after the expiration of the Termsuch termination, then Landlord may, at its option, serve written notice upon Tenant that such holding over shall be on constitutes either (i) renewal of this Lease for one year, and from year to year thereafter, (ii) creation of a month to month tenancy, upon the terms and conditions as set forth in this Lease, as far as applicableor (iii) creation of a tenancy at sufferance, except in any case upon the terms and conditions set forth in this Lease, provided, however, that Tenant shall pay, as a use and occupancy charge with respect tothe monthly rental or daily rental under (iii) shall, in addition to all other charges for sums which are to be paid by Tenant would hereunder whether or not as additional rent, be liable hereunder if it were occupying during equal to one and one half times (150%) the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable rental being paid monthly to Landlord under the terms of this Lease for and with respect to the last full calendar month immediately prior to such termination (prorated in the expiration case of (iii) on the basis of a 365 day year for each day Tenant remains in possession). If no such notice is served then a tenancy at sufferance shall be deemed to be created at the rent in the preceding sentence. Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenant, including the loss of any proposed subsequent tenant for any portion of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 Paragraph shall not constitute a waiver by Landlord of any right of re-entry as herein set forth; nor shall receipt of any rent or any other act in apparent affirmance of the tenancy operate as a waiver of the right to terminate this Lease for a breach of any of the terms, covenants, or obligations herein on Tenant’s part to be performed. No holding over by Tenant, whether with or without consent of Landlord shall operate to extend this Lease except as otherwise expressly provided. The preceding provisions of this Paragraph 16 shall not be deemed construed as consent for Tenant to limit or constitute a waiver retain possession of any other rights or remedies the Premises in the absence of Landlord provided herein or at lawwritten consent thereto by Landlord.

Holding Over. In addition the event of holding over by Tenant with respect to performing all or any portion of the Leased Premises after the expiration or termination of the Lease Agreement, such holding over shall constitute a tenancy at sufferance relationship between Landlord and Tenant and all of the terms and provisions of this Lease Agreement shall be applicable during such period, except that as monthly rental, Tenant shall pay to Landlord for each month (or any portion thereof) during the period of such hold over an amount equal to one hundred fifty percent (150%) of the Rent payable by Tenant for the month immediately preceding the holdover period. The rental payable during such hold over period shall be payable to Landlord on demand. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease Agreement except as herein provided. In the event of any unauthorized holding over, Tenant shall also indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Parties (as defined on Exhibit I) against all claims for damages against the Landlord Parties as a result of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises Leased Premises, including, without limitation, claims for damages by any other party to which Landlord may have leased, or entered into an agreement to lease, all or any part thereof of the Leased Premises effective upon the termination of this Lease Agreement. Notwithstanding anything herein to the contrary, Landlord and Tenant specifically agree that no notice to terminate Tenant’s tenancy hereunder will be required from and after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms Term of this Lease for and with respect to the last full calendar month immediately prior to the expiration Agreement under Section 91.001 or Section 24.005 of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as Texas Property Code before Landlord files a use and occupancy charge with respect to, in addition to all other charges for which forcible detainer suit on grounds that Tenant would be liable hereunder if it were occupying during is holding over beyond the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration end of the Term or renewal period (yif any) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon hereof; and any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 sublease hereunder shall not be deemed to limit or constitute approved unless it also contains a specific comparable waiver of any other rights or remedies of Landlord provided herein or at lawby the subtenant thereunder.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises or any part thereof after This Lease shall terminate without further notice upon the expiration of the Term, such and any holding over by Tenant after the expiration shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as not constitute a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term renewal or extension of this Lease, during or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such holdover 150% events, possession shall be subject to all of the Base Rent and the Adjustment Amount payable under the terms of this Lease Lease, except that the monthly Basic Rent shall be two hundred percent (200%) of the greater of (a) the Basic Rent for and with respect to the last full calendar month immediately prior preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in the Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord's right to recover the full amount due for any holdover by Tenant, unless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect despite demand to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over do so by Tenant in the Premises. In additionLandlord, Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against all loss or liability, including without limitation, any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer claims made by reason of any succeeding tenant relating to such holdover by Tenant for a period of longer than thirty (30) daysfailure to surrender. The foregoing provisions of this ARTICLE 19 shall Section are in addition to and do not be deemed to limit affect Landlord's right of re-entry or constitute a waiver of any other rights or remedies of Landlord provided herein under this Lease or at law.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises or any part thereof (a) Any holding over after the expiration of the Termterm of this Lease by expiration of time or otherwise with the express written consent of Landlord shall be construed to be a tenancy from month-to-month at a rent which shall be determined by Landlord in its reasonable discretion, but in no event less than the Monthly Rent and additional rent payable under this Lease during the last full month prior to the date of such holding over expiration and shall otherwise be on the terms and conditions as set forth in this Lease, as of thin Lease so far as applicablepossible. Acceptance by Landlord of rent after such holding over with Landlord's written consent shall not result in any other tenancy or any renewa1 of the term hereof. (b) If, except that without Landlord's consent, Tenant shall payretain possession of the Premises or part thereof after expiration of the term hereof, by lapse of time or otherwise, than Tenant shall pay Landlord for each month of such retention rent as a use determined by Landlord in its reasonable discretion, but in no event less than one hundred fifty percent (150%) the Monthly Rent and occupancy charge with respect toadditional rent payable under this Lease for the last full month prior to the date of such expiration and shall indemnify Landlord against all losses, in addition costs, claims, liabilities and expenses (including, without limitation, attorneys' fees and expenses) sustained by Landlord by reason of such retention (including, without limitation, claims for damages by any other person to whom Landlord may have leased all other charges for which Tenant would be liable hereunder if it were occupying during or any part of the Premises effective upon the expiration of the term of this Lease, during the first thirty (30) days ). Acceptance by Landlord of rent after such holdover 150% holding over without Landlord's prior written consent shall not constitute a renewal of the Base Rent term hereof or creation of a month-to-month tenancy and Tenant shall be a tenant by sufferance only; provided, however, such holding over shall otherwise be on the Adjustment Amount payable under the same terms and conditions of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, so far as a use and occupancy charge with respect possible. This provision is in addition to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term and does not affect or waive, Landlord's right of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term reentry or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights right or remedies remedy available to Landlord on account of Landlord provided herein or at lawsuch holding over.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises or any part thereof after the expiration of the Term, such holding over This Lease shall be terminate without further notice on the terms and conditions Lease Expiration Date (as set forth in Article 1). Any holding over by Tenant after expiration of the Lease Term shall neither constitute a renewal nor extension of this LeaseLease nor give Tenant any rights in or to the Leased Premises except as expressly provided in this Paragraph. Any such holding over to which Landlord has consented shall be construed to be a tenancy from month to month, as far on the same terms and conditions herein specified insofar as applicable, except that Tenant the Base Monthly Rent shall paybe increased to an amount equal to one hundred twenty-five percent (125%) of the Monthly Base Rent for the last month immediately preceding such holding over for the first two (2) months or any such holding over, as a use and occupancy charge with respect tothereafter one hundred fifty percent (150%) of the Base Monthly Rent payable during the last full month immediately preceding such holding over. Without limiting the foregoing, in addition the event of a holding over to all other charges for which Landlord has consented, any rights of Landlord or obligations of Tenant would be liable hereunder if it were occupying set forth in this Lease and purporting to apply during the term of this Lease, shall nonetheless also be deemed to apply during any such hold over period. Tenant acknowledges that if Tenant holds over without Landlord’s consent, such holding over may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the first Leased Premises. Therefore, in the event Tenant does not vacate the Leased Premises in accordance with the terms of this Paragraph 13.2 on or before the expiration of the Lease Term (or the expiration of a holdover term, if applicable) after receiving at least thirty (30) days’ advance written notice from Landlord demanding that Tenant vacate the Leased Premises and otherwise satisfying the requirements set forth below (a “Vacation Notice”), which notice may be given to Tenant at any time during the last sixty (60) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon during any holding over by Tenant in the Premises. In additionholdover period, Tenant shall indemnifybe liable for all damages (including attorneys’ fees and expenses) of whatever type (including consequential damages) incurred by Landlord as a result of such holding over, defend and Tenant shall protect, defend, indemnify and hold Landlord harmless from and against any lossall claims resulting from such failure to vacate, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer limiting the foregoing, any claims made by reason of any succeeding tenant founded upon such holdover failure to surrender, and any losses suffered by Tenant for a period of longer than thirty (30) daysLandlord, including lost profits, resulting from such failure to surrender. The provisions Vacation Notice shall specifically refer to this Lease and the address of this ARTICLE 19 the Building, and shall not be deemed to limit or constitute a waiver include (on the first page of any other rights or remedies of Landlord provided herein or at lawthe Vacation Notice) the following language in bold, capitalized font: “NOTICE: UNDER PARAGRAPH 13.2 OF THE LEASE, TENANT’S FAILURE TO VACATE THE LEASED PREMISES BY THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE TERM (OR HOLDOVER TERM IF APPLICABLE) MAY RESULT IN SIGNIFICANT DAMAGES TO LANDLORD, INCLUDING CONSEQUENTIAL DAMAGES.”

Holding Over. In addition to performing all If Tenant, without the written consent of Tenant’s other obligations hereunderLandlord, if Tenant retains holds over and does not surrender possession of the Premises or any part thereof after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to upon the expiration of the Term or sooner termination of this Lease, then such holding over shall be treated as a month-to-month tenancy upon the terms and conditions set forth in this Lease except that the monthly Base Rent (yor daily rent if Landlord does not elect to create a month to month tenancy) shall be equal to one twelfth hundred twenty five percent (125%) of the annual fair market rent Base Rent owed to Landlord under this Lease immediately prior to such expiration or termination for the Premises first 4 months of such hold over period and one hundred twenty five percent (150%) of the Base Rent owed to Landlord under a one this Lease immediately prior to such expiration or termination thereafter. Either party may thereafter terminate the tenancy as of the end of any calendar month by written notice to the other party at least thirty (130) year lease commencing on the day immediately succeeding days before the last day of the Termmonth. Amounts due as aforesaid Notwithstanding the foregoing, Landlord may terminate the Lease at any time if Tenant is in default. Tenant shall be prorated liable to Landlord for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, all damages that Landlord shall have the right to commence eviction proceedings against Tenant immediately upon suffers because of any holding over by Tenant in the Premises. In additionTenant, and Tenant shall indemnify, defend and hold Landlord harmless from and against any lossall claims (including actual damages and attorney fees and costs) resulting from Tenant’s retention of possession, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer limitation, Landlord’s actual damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of all or any portion of the Premises by reason of any such holdover by failure of Tenant for a period to timely surrender the Premises. Landlord may elect to treat Tenant as remaining in possession of longer than thirty (30) daysthe Premises until such time as Tenant completes its surrender obligations and removes all of its personal property from the Premises. The provisions of this ARTICLE 19 Article shall not be deemed to limit or constitute a waiver by Landlord of any right of re-entry as provided in this Lease nor shall receipt of any Base Rent or Additional Rent or any other rights apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for a breach of any terms, covenants, or remedies of Landlord provided herein or at lawobligations contained in this Lease on Tenant’s part to be performed.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration of the Term, such holding over term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable, applicable except that Tenant shall pay, pay as a use and occupancy charge with respect to, in addition an amount equal to all other charges the greater of (x) for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover in which the Tenant holds over an amount equal to one hundred and fifty percent (150% %) of the Base Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the Adjustment Amount highest rate payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial the first thirty (30) day period for each calendar month or portion thereof during days in which such holdover continues, as a use the Tenant holds over and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, thereafter an amount equal to 150% two hundred percent (200%) of the higher of (x) the Base Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the Adjustment Amount highest rate payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term Lease, or (y) one twelfth the fair market rental value of the annual fair market rent Premises, in each case for the Premises under a one (1) year lease commencing period measured from the day on which Tenant’s hold-over commences and terminating on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against which Tenant immediately upon any holding over by Tenant in vacates the Premises. In addition, Tenant shall indemnifysave Landlord, its agents and employees harmless and will exonerate, defend and hold Landlord harmless indemnify Landlord, its agents and employees from and against any loss, cost or and all damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason on account of any Tenant’s hold-over in the Premises after the expiration or prior termination of the term of this Lease; provided, however that Tenant shall not be liable for consequential damages in connection with such holdover by Tenant for a period of longer than holding over unless such holding over exceeds thirty (30) days. The provisions days from the expiration or earlier termination of the term of this ARTICLE 19 Lease. Nothing in the foregoing nor any other term or provision of this Lease shall not be deemed to limit permit Tenant to retain possession of the Premises or constitute a waiver hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other rights or remedies of charges payable hereunder by Tenant to Landlord provided herein or and any damages to which Landlord may be entitled under this Lease and at lawlaw and in equity.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, such holding over term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable, applicable except that Tenant shall pay, pay as a use and occupancy charge with respect to, in addition an amount equal to all other charges one hundred and fifty percent (150%) for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% in which the Tenant holds over and after the first thirty (30) days in which the Tenant holds over and thereafter an amount equal to two hundred percent (200%) of the Base greater of (x) the Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the Adjustment Amount highest rate payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth the fair market rental value of the annual fair market rent Premises, in each case for the Premises under a one (1) year lease commencing period measured from the day on which Tenant’s hold-over commences and terminating on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against which Tenant immediately upon any holding over by Tenant in vacates the Premises. In addition, Tenant shall indemnifysave Landlord, its agents and employees harmless and will exonerate, defend and hold Landlord harmless indemnify Landlord, its agents and employees from and against any loss, cost or and all damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason on account of any such holdover by Tenant for a period Tenant’s hold-over in the Premises after the expiration or prior termination of longer than thirty (30) days. The provisions the term of this ARTICLE 19 Lease. Nothing in the foregoing nor any other term or provision of this Lease shall not be deemed to limit permit Tenant to retain possession of the Premises or constitute a waiver hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other rights or remedies of charges payable hereunder by Tenant to Landlord provided herein or and any damages to which Landlord may be entitled under this Lease and at lawlaw and in equity.

Holding Over. In addition Tenant will, at the termination of this Lease by lapse of time or otherwise, yield up immediate possession to performing all of Tenant’s other obligations hereunder, if Landlord. If Tenant retains possession of the Leased Premises or any part thereof after the expiration of the Termsuch termination, then Landlord may, at its option and at any time, serve written notice upon Tenant that such holding over shall be on constitutes any one of (i) creation of a month to month tenancy, upon the terms and conditions as set forth in this Lease; or (ii) creation of a tenancy at sufferance, as far as applicablein any case upon the terms and conditions set forth in this Lease; provided, except however, that Tenant shall pay, as a use and occupancy charge with respect tothe monthly Rent (or daily Rent under (ii)) shall, in addition to all other charges sums which are to be paid by Tenant hereunder, whether or not as Additional Rent, be equal to one hundred fifty percent (150%) of the Rent being paid monthly to Landlord under this Lease immediately prior to such termination (prorated in the case of (ii) on the basis of a 365-day year for which each day Tenant would remains in possession). If no such notice is served, then a tenancy at sufferance shall be liable hereunder deemed to be created at the Rent in the preceding sentence. In the event a tenancy at sufferance is created, Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenant, including the loss of any proposed subsequent tenant for any portion of the Leased Premises if it were occupying during the term of this Lease, during the first such tenancy at sufferance continues for more than thirty (30) days of such holdover 150% after Landlord’s notice that Landlord has a subsequent tenant for a portion of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Leased Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 Paragraph shall not constitute a waiver by Landlord of any right of re-entry as herein set forth; nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of the right to terminate this Lease for a breach of any of the terms, covenants, or obligations herein on Tenant’s part to be deemed to limit performed or constitute act as a reformation or novation of this Lease or a waiver of any of Landlord’s rights pursuant to this Paragraph 12, including, without limitation, Landlord’s right to demand at any time one hundred fifty percent (150%) of the Rent for any period of time after the termination of this Lease whether or not Landlord has accepted and deposited any Rent in a lesser amount for such period and whether or not Landlord made any demand for any such Additional Rent, and whether or not Tenant and Landlord are then negotiating for extension or renewal of this Lease or the entry into a new lease for the Leased Premises or for other rights premises and without any condition or remedies of requirement that Landlord provided herein notify Tenant that Tenant’s holding over is wrongful or at lawthat Tenant’s holding over be held to be wrongful.

Holding Over. In addition to performing all 22.1 Tenant acknowledges that it is extremely important that Landlord have substantial advance notice of Tenant’s other obligations hereunderthe date on which Tenant will vacate the Premises, and that if Tenant retains possession of fails to surrender the Premises or any part portion thereof after at the expiration or earlier termination of the Lease Term, then it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Base Rent and additional rent that would have been payable had the Lease Term continued during such holding over holdover period. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender the Premises or any portion thereof upon the expiration or earlier termination of the Lease Term, then the rent payable by Tenant hereunder shall be increased to equal one hundred fifty percent (150%) of the Base Rent, additional rent and other sums that would have been payable pursuant to the provisions of this Lease if the Lease Term had continued during such holdover period. Such rent shall be computed by Landlord and paid by Tenant on a monthly basis and shall be payable on the terms first day of such holdover period and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all the first day of each calendar month Table of Contents thereafter during such holdover period until the Premises have been vacated. Notwithstanding any other charges for which Tenant would be liable hereunder if it were occupying during the term provision of this Lease, during the first thirty (30) days Landlord’s acceptance of such holdover 150% of the Base Rent rent shall not in any manner adversely affect Landlord’s other rights and the Adjustment Amount payable under the terms of this Lease for remedies, including Landlord’s right to evict Tenant and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which recover all damages. Any such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month. In no event shall any holdover be deemed a permitted extension or renewal of the Lease Term, and nothing contained herein shall be construed to constitute a waiver of Landlord’s consent to any other rights holdover or remedies of Landlord provided herein or at lawto give Tenant any right with respect thereto.

Holding Over. In addition to performing all of TenantIf, with Landlord’s other obligations hereunderexpress written consent, if Tenant retains possession of the Premises or any part thereof after the expiration termination of the Term, (i) unless otherwise agreed in such holding over written consent, such possession shall be on subject to immediate termination by Landlord at any time, (ii) all of the other terms and conditions as set forth provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in this Leasefull force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, as far as applicable, except that (iii) Tenant shall pay, continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as a use and occupancy charge with respect toLandlord may indicate, in addition to Landlord’s sole and absolute discretion, in such written consent, and (iv) all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable payments shall continue under the terms of this Lease for and with respect to Lease. If Tenant remains in possession of the last full calendar month immediately prior to Premises after the expiration or earlier termination of the Term and after such initial thirty without the express written consent of Landlord, (30A) day period for each calendar month or portion thereof during which such holdover continues, as Tenant shall become a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under tenant at sufferance upon the terms of this Lease for and with respect except that the monthly rental shall be equal to (I) 150% of Rent in effect during the last full calendar month immediately prior 30 days of the Term for the first 30 day period of the holdover, (II) 175% of Rent in effect during the last 30 days of the Term for the second 30 day period of the holdover, and (III) 200% of Rent in effect during the last 30 days of the Term for the third 30 day period of the holdover, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over (including, from and after 90 days after the end of the Term, consequential damages if Landlord has advised Tenant in advance of any particular consequential damages that Landlord may incur or suffer as a result of Tenant’s holding over, including, without limitation, consequential damages that Landlord may incur or suffer by reason of Landlord’s inability to lease the Premises or deliver occupancy to a particular tenant). Tenant shall pay Base Rent on a per diem basis at such monthly rental rate for each day that Tenant so retains possession. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions earlier termination of this ARTICLE 19 Lease shall not be deemed to limit result in a renewal or constitute a waiver reinstatement of any other rights or remedies of Landlord provided herein or at lawthis Lease.

Holding Over. In addition 40.01. Tenant will have no right to performing remain in possession of all or part of Tenant’s other obligations the Demised Premises after the expiration or earlier termination of the Term. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Demised Premises as aforesaid will be extremely substantial, will exceed the amount of the monthly installments of the Fixed Base Rent and Additional Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if Tenant retains possession of the Premises is not surrendered to Landlord upon the expiration or termination of this Lease, in addition to any part thereof other rights or remedies Landlord may have hereunder or at law, and without in any manner limiting Landlord’s right to demonstrate and collect any damages suffered by Landlord and arising from Tenant’s failure to surrender the Demised Premises as provided herein, Tenant shall pay to Landlord on account of use and occupancy of the Demised Premises for each month and for each portion of any month during which Tenant holds over in the Demised Premises after the expiration or termination of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for Additional Rent otherwise required to be paid hereunder, a sum equal to one hundred fifty percent (150%) of the Fixed Base Rent which Tenant would be liable hereunder if it were occupying was payable under this Lease during the term last month of this Leasethe Term. In addition, during Tenant agrees to indemnify and save Landlord harmless from and against all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and disbursements) resulting from Tenant failing to so surrender the first Premises within thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to after the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day termination of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer limitation, any claims made by reason of any succeeding tenant founded on such holdover by Tenant for a period of longer than delay exceeding thirty (30) days. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Demised Premises after the expiration or termination of this Lease or to limit in any manner Landlord’s right to regain possession of the Demised Premises through summary proceedings, or otherwise, and no acceptance by Landlord of payments from Tenant after the expiration or termination of this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 40. The provisions of this ARTICLE 19 Article 40 shall not be deemed to limit survive the expiration or constitute a waiver termination of any other rights or remedies of Landlord provided herein or at lawthis Lease.

Holding Over. In addition the event of holding over by Tenant with respect to performing all or any portion of the Leased Premises after the expiration or termination of the Lease Agreement, such holding over shall constitute a tenancy at sufferance relationship between Landlord and Tenant and all of the terms and provisions of this Lease Agreement shall be applicable during such period, except that as monthly rental, Tenant shall pay to Landlord for each month (or any portion thereof) during the period of such hold over an amount equal to one hundred fifty percent (150%) of the Rent payable by Tenant for the month immediately preceding the holdover period. The rental payable during such hold over period shall be payable to Landlord on demand. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease Agreement except as herein provided. In the event of any unauthorized holding over, Tenant shall also indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Parties (as defined on Exhibit I) against all claims for damages against the Landlord Parties as a result of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises Leased Premises, including, without limitation, claims for damages by any other party to which Landlord may have leased, or entered into an agreement to lease, all or any part thereof of the Leased Premises effective upon the termination of this Lease Agreement. Notwithstanding anything herein to the contrary, Landlord and Tenant specifically agree that no notice to terminate Tenant's tenancy hereunder will be required from and after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms Term of this Lease for and with respect to the last full calendar month immediately prior to the expiration Agreement under Section 91.001 or Section 24.005 of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as Texas Property Code before Landlord files a use and occupancy charge with respect to, in addition to all other charges for which forcible detainer suit on grounds that Tenant would be liable hereunder if it were occupying during is holding over beyond the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration end of the Term or renewal period (yif any) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon hereof; and any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 sublease hereunder shall not be deemed to limit or constitute approved unless it also contains a specific comparable waiver of any other rights or remedies of Landlord provided herein or at lawby the subtenant thereunder.

Holding Over. In addition to performing all of If Tenant (or anyone claiming through Tenant’s other obligations hereunder, if Tenant retains possession ) shall remain in occupancy of the Premises or any part thereof after the expiration or early termination of the TermTerm without a written agreement therefor executed and delivered by Landlord, such holding over then without limiting Landlord's other rights and remedies the person remaining in possession shall be on deemed a tenant at sufferance, and Tenant shall thereafter pay monthly rent (pro rated for such portion of any partial month as Tenant shall remain in possession) at a rate equal to the terms Holdover Rate (defined below) times the greater of (a) fair market rent, or (b) the amount payable as Annual Base Rent for the twelve-month period immediately preceding such expiration or termination, and conditions in either case with all Additional Rent also payable as set forth provided in this Lease. The Holdover Rate shall be 110% for the first month of holding over, as far as applicable120% for the second month of holding over, except that Tenant 130% for the third month of holding over and 150% for each month thereafter. After Landlord's acceptance of the full amount of such rent for the first month of such holding over, the person remaining in possession shall pay, as be deemed a use tenant at will at such rent and occupancy charge with respect to, in addition otherwise subject to all other charges for which Tenant would be liable hereunder if it were occupying during of the term provisions of this Lease. Notwithstanding the foregoing, during the first thirty (30) days of such holdover 150% if Landlord desires to regain possession of the Base Rent Premises promptly after the termination or expiration hereof and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration acceptance of rent for any period thereafter, Landlord may, at its option, forthwith re-enter and take possession of the Term and after such initial thirty (30) day period for each calendar month Premises or portion any part thereof during which such holdover continues, as a use and occupancy charge with respect to, without process or by any legal process in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant force in the Premisesstate where the Property is located. In additionany case, Tenant shall indemnifyremain liable to Landlord for all damages, defend and hold Landlord harmless including consequential damages, resulting from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover failure by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit vacate the Premises or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawportion thereof when required hereunder.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains possession of the Premises or any part thereof holds over after the expiration of the TermLease Term with the express written consent of Landlord, such holding over tenancy shall be on the terms from month-to-month only, and conditions as set forth shall not constitute a renewal hereof or an extension for any further term, and in this Lease, as far as applicable, except that Tenant such case Base Rent shall pay, as be payable at a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term monthly rate of this Lease, during the first thirty one hundred fifty percent (30150%) days of such holdover 150% of the Base Rent and applicable during the Adjustment Amount payable last rental period of the Lease Term under the terms of this Lease for during the first two (2) months following the expiration or earlier termination of the Lease Term, and with respect two hundred percent (200%) thereafter. Such month-to-month tenancy shall be subject to the last full calendar month immediately prior to every other applicable term, covenant and agreement contained herein. If Tenant holds over after the expiration of the Lease Term without the express written consent of Landlord, such tenancy shall be a tenancy at sufferance, and after shall not constitute a renewal hereof or an extension for any further term, and in such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as case daily damages in any action to recover possession of the Premises shall be calculated at a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount daily rate equal to one hundred fifty percent (150% %) of the higher of (x) the Base Rent and applicable during the Adjustment Amount payable last rental period of the Lease Term under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months calculated on a per diem basis) during the first two (2) months following the expiration or earlier termination of the Lease Term, and two hundred percent (200%) thereafter. Notwithstanding anything Nothing contained in this Article 16 shall be construed as consent by Landlord to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to vacate and deliver possession of the Premises to Landlord as provided in this Lease upon the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost expiration or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason other termination of any such holdover by Tenant for a period of longer than thirty (30) daysthis Lease. The provisions of this ARTICLE 19 Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant holds over without Landlord’s express written consent, and tenders payment of rent for any period beyond the expiration of the Lease Term by way of check (whether directly to Landlord, its agents, or to a lock box) or wire transfer, Tenant acknowledges and agrees that the cashing of such check or acceptance of such wire shall be considered inadvertent and not be construed as creating a month-to-month tenancy, provided Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. Tenant acknowledges that any holding over without Landlord’s express written consent may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to vacate and deliver the Premises within thirty (30) days following the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims made by any succeeding tenant founded upon such failure to vacate and deliver, and any losses suffered by Landlord, including lost profits, resulting from such failure to vacate and deliver. Tenant agrees that any proceedings necessary to recover possession of the Premises, whether before or after expiration of the Lease Term, shall be considered an action to enforce the terms of this Lease for purposes of the awarding of any attorney’s fees in connection therewith.

Holding Over. In addition to performing all of Tenant’s other obligations hereunderExcept as set forth below, if Tenant retains possession of ▇▇▇▇▇▇ continues to occupy the Premises or any part portion thereof after the expiration or other termination of this Lease or the termination of Tenant’s right of possession with respect to the Premises, such occupancy shall be that of a tenancy at sufferance. Tenant shall, throughout the entire holdover period, be subject to all the terms and provisions of this Lease (other than provisions relating to length of the Term) and shall pay for its use and occupancy an amount (on a per month basis without reduction for any partial months during any such holdover period) equal to (i) one hundred percent (100%) of the additional Rent due under this Lease for the holdover period and (ii) for the first sixty (60) days of the holdover period, the monthly Base Rent will be increased to one hundred twenty-five (125%) percent of the monthly Base Rent payable during the month immediately prior to the holdover period; and thereafter monthly Base Rent will be increased to one hundred fifty (150%) percent of the monthly Base Rent payable during the month immediately prior to the holdover period. Any other sums due under this Lease will be payable in the amount and at the times specified in this Lease. Except as set forth below, no holding over by Tenant or payments of money by Tenant to Landlord after the expiration of the Term, such holding over Term shall be on construed to extend the terms and conditions as set forth in this Lease, as far as applicable, except Term or prevent Landlord from recovery of immediate possession of the Premises by summary proceedings or otherwise. In the event that Tenant shall pay, as a use and occupancy charge with respect to, in addition ▇▇▇▇▇▇ continues to all other charges for which Tenant would be liable hereunder if it were occupying during occupy the term Premises or any portion thereof after the expiration or termination of this Lease, during the first thirty (30) days such occupancy shall be that of such holdover 150% of the Base Rent a tenancy at sufferance and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would shall be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent Landlord for all direct and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or consequential damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover holding over by Tenant for a period of longer than thirty (30) days▇▇▇▇▇▇. The provisions of this ARTICLE 19 Section 30 shall not be deemed to limit or constitute a waiver survive the expiration of any other rights or remedies of Landlord provided herein or at law.this Lease. ​

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains shall for any reason remain in ------------ possession of the Premises or any part thereof Leased Property after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or earlier termination of the Term (yother than solely due to Lessor's failure, on or prior to (a) the ninetieth (90th) day preceding the expiration of the Term as to such Leased Property or (b) if this Lease is terminated prior to such expiration due to Lessor's default, the earlier termination of the Term as to such Leased Property, to have notified Tenant that Lessor has procured a Qualified Successor for such Leased Property), such possession shall, at the option of Lessor in its sole discretion as to each such Leased Property, be as a month-to-month tenant during which time Tenant shall pay as rental each month (which rental constitutes liquidated damages with respect to Rent, and not a penalty for the period to which it relates), one and one-half times the aggregate of (i) one-twelfth of the aggregate annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day amounts of Current Rent and Accrued Rent payable as of the Term. Amounts due end of the preceding Term and, in the case of a month-to-month tenancy as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to less than all of the Leased Properties, allocable to the contrary herein containedLeased Property(ies) in question in accordance with Section 16.9 hereof; (ii) all ------------ Additional Charges accruing during the month and (iii) all other sums, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over if any, payable by Tenant pursuant to the provisions of this Lease with respect to the Leased Property(ies) in the Premisesquestion. In additionDuring such period of month-to-month tenancy, Tenant shall indemnifybe obligated to perform and observe all of the terms, defend covenants and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions conditions of this ARTICLE 19 Lease with respect to the Leased Property(ies) in question, but shall not be deemed have no rights hereunder other than the right, to limit the extent given by law to month-to-month tenancies to continue its occupancy and use of the applicable Leased Property. Subject to Section 40.3, nothing contained herein ------------ shall constitute the consent, express or constitute a waiver implied, of any other rights Lessor to the holding over of Tenant after the expiration or remedies earlier termination of Landlord provided herein or at lawthis Lease.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains remains in possession of the Demised Premises or any part thereof after the expiration of the Terminitial Lease Term or any renewal Term without the execution of a new lease, such holding over it shall be on deemed to be a tenant from month-to-month, subject to all conditions, provisions and obligations of this Agreement insofar as the terms and conditions as set forth in this Lease, as far as applicable, same are applicable to a month-to-month tenancy except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and shall be [Number] times the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month Base Rent applicable immediately prior to the expiration of the Term Term. Use, Occupancy and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a Condition of Premises. With respect to use and occupancy charge occupancy: A) Use and Occupancy. Tenant shall use and occupy the Demised Premises for the commercial purpose of [Description of commercial purpose] and related activities. The Demised Premises shall be used for no other purpose without the advance written consent of Landlord.Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with respect toall applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in addition the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% tenants or occupants of the higher of (x) Real Property; and shall comply with all the Base Rent rules and the Adjustment Amount payable under the terms of this Lease for and requirements promulgated by Landlord with respect to the last full calendar month immediately prior Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the expiration entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Term Demised Premises, or (y) one twelfth on other areas of the annual fair market rent for Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises under a one (1) year lease commencing without the prior written consent of Landlord. ☐ VII. No activity will take place on the day immediately succeeding Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the last day Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Demised Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law.☐

Holding Over. In addition Tenant acknowledges that it is extremely important that Landlord have substantial advance notice of the date on which Tenant will vacate the Premises, because Landlord will (a) require an extension period to performing all locate a replacement tenant, and (b) plan its entire leasing and renovation program for the Building in reliance on its lease expiration dates. Tenant also acknowledges that if Tenant fails to surrender the Premises at the expiration or earlier termination of Tenant’s other obligations hereunderthe Lease Term, then it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Base Rent and Additional Rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant retains possession of (or anyone claiming through Tenant) does not immediately surrender the Premises or any part portion thereof after upon the expiration or earlier termination of the Lease Term, such holding over then the rent shall be increased to equal One Hundred Fifty per cent (150%) of the Base Rent, plus Additional Rent and other sums that would have been payable pursuant to the provisions of this Lease if the Lease Term had continued such holdover period. Such rent shall be computed by Landlord on a monthly basis and shall be payable on the terms first day of such holdover period and conditions as set forth in the first day of each calendar month thereafter during such holdover period until the Premises have been vacated. Notwithstanding any other provision of this Lease, as far as applicableLandlord’s acceptance of such rent shall not in any manner adversely affect Landlord’s other rights and remedies, except including Landlord’s right to evict Tenant and to recover all damages. Any holdover shall be deemed to be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month; provided, however, that Tenant shall pay, as a use and occupancy charge with respect toLandlord may, in addition to all its other charges for which Tenant would be liable hereunder if it were occupying during the term of this Leaseremedies, during the first thirty (30) days of elect, in its sole discretion, to treat such holdover 150% as the creation of a month-to-month tenancy with Tenant. In no event shall any holdover be deemed a permitted extension or renewal of the Base Rent Lease Term, and the Adjustment Amount payable under the nothing contained herein shall be construed to constitute Landlord’s consent to any holdover or to give Tenant any right with respect thereto. Except as otherwise specifically provided in this Article, all terms of this Lease for shall remain in full force and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying effect during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawperiod.

Holding Over. In addition to performing all If this Lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant shall then hold over after the Expiration Date or earlier termination of this Lease, irrespective of whether or not Landlord accepts Rental from Tenant for a period beyond the Expiration Date, Tenant’s other obligations hereunder, if Tenant retains possession occupancy of the Premises or any part thereof after the expiration of the Term, such holding over Expiration Date shall be on upon all the terms and conditions as set forth in this Lease, as far as applicable, Lease except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges pay (a) for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty sixty (3060) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Leaseholdover, an amount equal to one hundred fifty percent (150% of the higher %) of (xi) the applicable Base Rent in effect immediately before the holdover period began, and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of (ii) all applicable Additional Rent which would have been applicable had the Term or (y) one twelfth continued through the period of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any such holding over by Tenant and (b) thereafter, two hundred percent (200%) of (i) the applicable Base Rent in effect immediately before the Premisesholdover period began, and (ii) all applicable Additional Rent which would have been applicable had the Term continued through the period of such holding over by Tenant. In additionIf Tenant shall holdover or remain in possession of any portion of the Premises beyond the Expiration Date, whether or not Landlord accepts any Rental for a period beyond the Expiration Date, 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 to relet the Premises (or any part thereof). Tenant hereby agrees to indemnify, defend and hold Landlord harmless from and against any lossliability resulting from delay by Tenant in surrendering the Premises upon the expiration or sooner termination of this Lease, cost or damages (including, without limitation reasonable attorneys’ fees) which limitation, any claims made by any succeeding tenant or prospective tenant founded upon such delay. All damages to Landlord may suffer by reason of any such holdover holding over by Tenant for may be the subject of a period of longer than thirty (30) daysseparate action and need not be asserted by Landlord in any summary proceedings against Tenant. The provisions terms of this ARTICLE 19 Article shall not be deemed to limit survive the expiration or constitute a waiver earlier termination of any other rights or remedies of Landlord provided herein or at lawthis Lease.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains does not surrender possession of the Premises or any part thereof after at the expiration end of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term Term or upon earlier termination of this Lease, during then at the first thirty (30) days election of such holdover 150% Landlord, Tenant shall be a tenant-at-sufferance of Landlord and the Base Rent and other payments due during each month of such holdover period shall be two (2) times the Adjustment Amount sum of all installments of Rent payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration end of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms termination of this Lease for and with respect which Rent is payable. In addition to such increased Base Rent, during the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Termperiod in which Tenant holds over Tenant shall pay Operating Rent as set forth in this Lease. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any No holding over by Tenant shall operate to extend this Lease, and in the Premisesevent of any such holding over, TENANT SHALL, IN ADDITION TO ALL OTHER OBLIGATIONS AND LIABILITIES OF TENANT HEREUNDER (ALL OF WHICH SHALL REMAIN IN FULL FORCE AND EFFECT DURING THE ENTIRE PERIOD OF ANY SUCH HOLDING OVER) INDEMNIFY, DEFEND, AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY AND ALL CLAIMS (INCLUDING LOST PROFITS, EXEMPLARY, PUNITIVE, INDIRECT, SPECIAL, CONSEQUENTIAL, REMOTE, OR SPECULATIVE DAMAGES) BY ANY OTHER UNDIVIDED INTEREST HOLDER OR TENANT TO WHOM LANDLORD MAY HAVE LEASED ALL OR ANY PART OF THE PREMISES EFFECTIVE UPON THE TERMINATION OF THIS LEASE. In additionthe event Landlord shall commence proceedings to dispossess Tenant by reason of Tenant’s default or holdover hereunder, then Tenant shall indemnifypay as additional Rent, defend and hold Landlord harmless from and against any lossall costs of such proceedings, cost or damages (including, without limitation reasonable limitation, attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law, court costs and related expenses.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if (A) Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration of the Term, such holding over term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable, applicable except that Tenant shall pay, pay as a use and occupancy charge with respect to, in addition an amount equal to all other charges for which Tenant would be liable hereunder if it were occupying during the term greater of this Lease, during the first thirty (30x) days of such holdover 150200% of the Base Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the Adjustment Amount rate payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration commencement of such holding over, or (y) the fair market rental value of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect toPremises, in addition to all other charges each case for the period measured from the day on which Tenant's hold-over commences and terminating on the day on which Tenant would vacates the Premises. Notwithstanding the foregoing, for the first sixty (60) days of any holding over, the percentage figure set forth above shall instead be liable hereunder if it were occupying during 150%. (B) In addition, Tenant shall save Landlord, its agents and employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages which Landlord may suffer on account of Tenant's hold-over in the Premises after the expiration or prior termination of the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein containedforegoing, however, Tenant shall not be liable for indirect or consequential damages incurred by Landlord shall have during the right to commence eviction proceedings against Tenant immediately upon first forty-five (45) days of any holding over by Tenant Tenant. (C) Nothing in the Premisesforegoing nor any other term or provision of this Lease shall be deemed to permit Tenant to retain possession of the Premises or hold over in the Premises after the expiration or earlier termination of the Lease Term. In additionAll property which remains in the Building or the Premises after the expiration or termination of this Lease and Tenant's vacation of the Premises shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other charges payable hereunder by Tenant shall indemnify, defend to Landlord and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) to which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of be entitled under this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or Lease and at lawlaw and in equity.

Holding Over. In addition Subtenant shall have no right to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of occupy the Premises or any part portion thereof after the expiration of this Sublease or after termination of this Sublease or of Subtenant's right to possession in consequence of an Event of Default hereunder. In the Termevent Subtenant or any party claiming by, such through or under Subtenant holds over (including removal of all personal property and fixtures required to be removed and returning the Premises to Sublandlord in the condition required hereunder) by the Expiration Date or earlier termination of this Sublease, Sublandlord may exercise any and all remedies available to it at law or in equity to recover possession of the Premises, and Subtenant shall indemnify and hold harmless Sublandlord in respect of any and all holdover charges or penalties imposed under the Prime Lease upon Sublandlord in respect of the entire Leased Space and in respect of any and all other damages, costs, liabilities or expenses (including attorneys' fees) suffered by Sublandlord in respect of Subtenant's holding over shall be on the terms and conditions as set forth in this Leaseover, as far as applicableand when such costs, except liabilities or expenses are incurred. In addition, for each and every month or partial month that Tenant Subtenant or any party claiming by, through or under Subtenant remains in occupancy of all or any portion of the Premises after the expiration of this Sublease or after termination of this Sublease or Subtenant's right to possession, Subtenant shall pay, as minimum damages and not as a use and occupancy charge with respect topenalty, in addition monthly rental at a rate equal to all other charges (1) for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150holding over, 125% of the greater of (i) the rate of Base Rent and the Adjustment Amount Additional Rent payable under the terms of this Lease for and with respect to the last full calendar month by Subtenant hereunder immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term termination of this LeaseSublease or of Subtenant's right to possession, an amount equal to 150% of the higher of or (xii) the Base Rent rate of base rent and additional rent payable by Sublandlord for the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month Premises, on a square footage basis, immediately prior to the expiration or other termination of this Sublease or of Subtenant's right to possession, and (2) thereafter, 150% of the Term greater of (i) the rate of Base Rent and Additional Rent payable by Subtenant hereunder immediately prior to the expiration or other termination of this Sublease or of Subtenant's right to possession, or (yii) one twelfth the rate of the annual fair market base rent and additional rent payable by Sublandlord for the Premises under Premises, on a one (1) year lease commencing on square footage basis, immediately prior to the day immediately succeeding the last day expiration or other termination of the Termthis Sublease or of Subtenant's right to possession. Amounts due as aforesaid The acceptance by Sublandlord of any lesser sum shall be prorated construed as payment on account and not in satisfaction of damages for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any such holding over by Tenant in the Premisesover. In additionno event shall any such holding over, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer the receipt by reason Sublandlord of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of amounts set forth in this ARTICLE 19 shall not Section 19, be deemed to limit create any month to month or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawtenancy.

Holding Over. Except to the extent (if any) expressly set forth in Section 1.1(u), there are no options to renew or extend the Term. In addition to performing all of Tenant’s other obligations hereunder, if the event Tenant retains or any party claiming under Tenant remains in possession of the Premises or any part thereof after the expiration of this Lease without Landlord’s consent, no tenancy or interest in the TermPremises will result, and such holding over action shall result in unlawful detainer and that party shall be on subject to immediate eviction and removal. In the terms and conditions as set forth event Tenant remains in this Leasepossession of the Premises after the expiration of the Lease Term with Landlord’s consent but without the execution of a new lease, as far as applicable, except that Tenant it shall pay, be deemed to be occupying the Premises as a use tenant from month to month at a rental equal to one hundred fifty-percent (150%) of the Minimum Guaranteed Rental herein provided and occupancy charge with respect to, in addition otherwise subject to all other charges for which Tenant would be liable hereunder if it were occupying during the term conditions, provisions and obligations of this Lease, during including, but not limited to, Tenant’s obligation to pay Additional Rent adjusted as necessary or appropriate to make the first thirty (30) days of such holdover 150% same applicable to a month to month tenancy. In the event Tenant remains in possession of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to Premises after the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal Tenant shall also pay to 150% Landlord all damages sustained by Landlord resulting from retention of possession by Tenant, including without limitation the higher loss of (x) the Base Rent and the Adjustment Amount payable under the terms any proposed subsequent tenant for any portion of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionTENANT HEREBY WAIVES ALL RIGHT TO ANY NOTICE TO QUIT THE PROPERTY WHICH MAY BE REQUIRED UNDER ANY LAWS NOW OR HEREAFTER ENACTED AND IN FORCE IN PENNSYLVANIA, Tenant shall indemnifyINCLUDING BUT NOT LIMITED TO THE LANDLORD AND TENANT ACT OF 1951, defend and hold Landlord harmless from and against any lossACT OF APRIL 6, cost or damages (including1951, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) daysAS AMENDED. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawTENANT AGREES TO GIVE UP QUIET AND PEACEABLE POSSESSION OF THE PROPERTY AT THE END OF THE LEASE TERM WITHOUT FURTHER NOTICE FROM LANDLORD.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if the event that Tenant retains possession of shall not immediately surrender the Premises or any part thereof after on the date of the expiration of the Term, such holding over shall be on Lease Term or the terms and conditions as set forth in sooner termination of this Lease, Tenant shall, at Landlord's election exercised by giving notice to Tenant as far as applicabledescribed in the next following paragraph of this Article XVIII, except become a month-to-month tenant and shall be obligated to pay monthly installments of Base Rent and Additional Rent in an amount equal to one hundred fifty percent (150%) of the installment of Base Rent and 100% of the Estimated Additional Rent Payment payable during the last full calendar month of the Lease Term. If Landlord shall not have elected to make Tenant a month-to-month tenant, Landlord may, at any time prior to its giving a notice to Tenant that it has become a month-to-month tenant pursuant to the terms of this Article XVIII, forthwith re-enter and take possession of the Premises. Until Tenant shall payhave either been evicted from the Premises or made a month-to-month tenant as aforesaid, as Tenant shall be a use tenant-at-will, subject to all the terms, conditions, covenants and occupancy charge with respect agreements of this Lease which would have applied in the case of a month-to-month tenancy except Tenant's monthly rental obligations shall be prorated on a daily basis. Nothing herein contained is intended to limit any rights of Landlord under Article XVII or otherwise, including, without limitation, Landlord's right to be indemnified against and reimbursed for, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during amounts otherwise required by the term provisions of this LeaseArticle XVII, during the first thirty (30) days amount of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages and damage (other than consequential) incurred by Landlord as a result of any holdover by Tenant, including, without limitation reasonable limitation, all court and arbitration costs, attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of ' fees and expenses and any other rights expenses of litigation or remedies arbitration plus any damages on account of Landlord provided herein or at lawinability to deliver possession of the Premises to any successor tenant.

Holding Over. In addition the event of holding over by Tenant after expiration or other termination of this Lease or in the event Tenant continues to performing all occupy the Premises after the termination of Tenant’s other obligations hereunder's right of possession pursuant to Articles XXII and XXIII hereof, if Tenant retains possession occupancy of the Premises subsequent to such termination or expiration shall be that of a tenancy at sufferance and in no event for month-to-month or year-to-year. Tenant shall, throughout the entire holdover period, be subject to all the terms and provisions of this Lease and shall pay for its use and occupancy an amount (on a per month basis without reduction for any part thereof partial months during any such holdover) equal to one hundred fifty percent (150%) of the sum of the Base Rental and Additional Base Rental due for the period immediately preceding such holding over, provided that in no event shall Base Rental and Additional Base Rental during the holdover period be less than the fair market rental for the Premises. Notwithstanding the foregoing, if such holding over continues for more than sixty (60) days, effective as of the sixty-first (61st) day, holdover rent shall increase to 200% of the sum of the Base Rental and Additional Base Rental due for the period immediately preceding such holding over. No holding over by Tenant or payments of money by Tenant to Landlord after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, Lease shall be construed to extend the Lease Term or prevent Landlord from recovery of immediate possession of the Premises by summary proceedings or otherwise. In addition to the obligation to pay the amounts set forth above during the first thirty (30) days of any such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continuesperiod, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would also shall be liable hereunder if it were occupying during the term of this Leaseto Landlord for all damage, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein containedincluding any consequential damage, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any holding over by Tenant, and Tenant shall indemnify Landlord against any and all claims made by any other tenant or prospective tenant against Landlord for delay by Landlord in delivering possession of the Premises to such holdover by other tenant or prospective tenant. Notwithstanding the foregoing, Tenant shall not be liable for consequential damages unless: (1) Landlord notifies Tenant that it has entered into a period of longer than lease for the Premises; and (2) Tenant fails to vacate the Premises within thirty (30) daysdays after the later to occur of the date of Landlord's notice or the termination date of the Lease. The provisions of this ARTICLE 19 shall not be deemed Landlord agrees to limit or constitute a waiver of use reasonable efforts to mitigate any other rights or remedies of Landlord provided herein or at lawconsequential damages.

Holding Over. In addition to performing all 22.1 Tenant acknowledges that it is extremely important that Landlord have substantial advance notice of Tenant’s other obligations hereunderthe date on which Tenant will vacate the Premises, and that if Tenant retains possession of fails to surrender the Premises or any part portion thereof after at the expiration or earlier termination of the Lease Term, such holding over shall then it will be on conclusively presumed that the terms value to Tenant of remaining in possession, and conditions as set forth in this Lease, as far as applicable, except the loss that Tenant shall pay, will be suffered by Landlord as a use and occupancy charge with respect toresult thereof, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of far exceed the Base Rent and additional rent that would have been payable had the Adjustment Amount payable under Lease Term continued during such holdover period. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender the terms of this Lease for and with respect to the last full calendar month immediately prior to Premises or any portion thereof upon the expiration or earlier termination of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continuesLease Term, as a use and occupancy charge with respect to, in addition then the rent payable by Tenant hereunder shall be increased to all other charges for which Tenant would be liable hereunder if it were occupying during equal the term of this Lease, an amount equal to 150% of the higher greater of (x1) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under entire Premises, or (2) one hundred fifty percent (150%) of the Base Rent, additional rent and other sums that would have been payable pursuant to the provisions of this Lease if the Lease Term had continued during such holdover. Such rent shall be computed by Landlord and paid by Tenant on a one (1) year lease commencing monthly basis and shall be payable on the day immediately succeeding the last first day of such holdover period and the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to first day of each calendar month thereafter during such holdover period until the contrary herein contained, Landlord shall Premises have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premisesbeen vacated. In addition, if Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant holds over for a period of longer more than thirty (30) days, then Tenant shall be responsible for all consequential damages sustained by Landlord on account of Tenant holding over. The provisions Notwithstanding any other provision of this ARTICLE 19 Lease, Landlord's acceptance of such rent shall not in any manner adversely affect Landlord's other rights and remedies, including Landlord's right to evict Tenant and to recover all damages. Any such holdover shall be deemed to limit be a tenancy at sufferance and not a tenancy at will or tenancy from month to month. In no event shall any holdover be deemed a permitted extension or renewal of the Lease Term, and nothing contained herein shall be construed to constitute a waiver of Landlord's consent to any other rights holdover or remedies of Landlord provided herein or at lawto give Tenant any right with respect thereto.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises or any part thereof after This Lease shall terminate without further notice upon the expiration of the Term, such and any holding over by Tenant after the expiration shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as not constitute a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term renewal or extension of this Lease, during or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such holdover 150% events, possession shall be subject to all of the Base Rent and the Adjustment Amount payable under the terms of this Lease Lease, except that for and with respect to the last full calendar initial two (2) months of holdover the monthly Basic Rent shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately prior preceding the date of termination, and thereafter the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in the Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord's right to recover the full amount due for any holdover by Tenant, unless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect despite demand to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over do so by Tenant in the Premises. In additionLandlord, Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against all loss or liability, including without limitation, any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer claims made by reason of any succeeding tenant relating to such holdover by Tenant for a period of longer than thirty (30) daysfailure to surrender. The foregoing provisions of this ARTICLE 19 shall Section are in addition to and do not be deemed to limit affect Landlord's right of re-entry or constitute a waiver of any other rights or remedies of Landlord provided herein under this Lease or at law.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration of the TermLease Term shall, under no circumstances, give rise to any type of tenancy. Any payments by Tenant after the expiration of the Lease Term shall be for use and occupancy only, shall in no way be relied upon to establish any type of tenancy, and shall be considered to be liquidated damages and not a penalty. Such payments shall be due from Tenant at the greater of the Applicable Holdover Percentage (as defined below) of (i) the Annual Fixed Rent and at the full amount of the Additional Rent provided for herein immediately prior to such holding over expiration, or (ii) the Fair Market Rent. Tenant's occupancy shall otherwise be on the terms and conditions as set forth in this Lease, as far as applicable. The "Applicable Holdover Percentage" shall be one hundred fifty (150%) percent for the first six months of such holding over, except and two hundred (200%) percent for any time thereafter. Landlord waives no rights against Tenant by reason of accepting any holding over by Tenant, including without limitation the right to terminate such tenancy as provided by law at any time after the expiration of the Lease Term, or the right to obtain possession of the Premises, and any right to damages in the event that Tenant shall payTenant's holding over causes Landlord to suffer any loss. Notwithstanding the foregoing however, Landlord specifically agrees to stay the execution of any court order providing for delivery of possession of the Premises to Landlord until the expiration of the first nine (9) months of any such holdover. Landlord also specifically agrees to waive the right to claim such actual damages in excess of the Applicable Holdover Percentage of Annual Fixed Rent and Additional Rent or Fair Market Rent, as a use and occupancy charge with respect tothe case may be, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and solely with respect to the last full calendar first nine (9) months of any such holdover, Landlord and Tenant agreeing that Landlord's damages in the event of a holding over by Tenant after the expiration of the Lease Term are difficult to ascertain, and that the provisions of this Section 20.17 reflect a reasonable estimate of Landlord's damages. From and after the expiration of such nine (9) month immediately period, actual damages may be recovered in addition to the Applicable Holdover Percentage of Annual Fixed Rent and Additional Rent, or Fair Market Rent, as the case may be, including any damages accruing from and after the expiration of such nine (9) month period relating to any loss, cost or damage, whether first incurred prior to the expiration of such period or thereafter. Nothing in this Section 20.17 shall be deemed to imply any right of Tenant to stay in the Term and Premises after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Lease Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law.

Holding Over. In addition Notwithstanding any provision of law or any judicial decisions to performing all the contrary, no notice shall be required from either party to terminate this Lease on the expiration date herein specified, and anything herein contained and implied to the contrary notwithstanding, a holding over by the Tenant, its successors or assigns, beyond the expiration of Tenant’s other obligations hereundersuch term, shall give rise to a tenancy from month to month only at a monthly rental rate equal to three times the monthly rental rate in effect on the expiration date. Tenant will not enter into any sublease for a period beyond the expiration of this Lease or, if this Lease be renewed, beyond any renewal period. If, nevertheless, any subtenant of Tenant retains or anyone holding by, through, or under Tenant should fail to surrender possession of the Premises Premises, or any part thereof after thereof, by the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms date of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continuesany renewal date, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall should be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionrenewed), Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost take appropriate action or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of proceedings to remove any such holdover by subtenant or person from said Premises and shall conduct such action or proceedings with reasonable diligence and continuity until the completion thereof. While such action or proceedings are pending Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed a holdover tenant but shall be deemed a month-to-month tenant at a monthly rent in the same amount as that provided for during the last month of the preceding term. If, within a reasonable time after expiration of the term or renewal term, as the case may be, Tenant shall have failed to limit remove any such subtenant or constitute a waiver of person, who shall be holding by, through or under Tenant, Tenant shall reimburse Landlord for the reasonable cost and expense, including attorneys' fees, which Landlord may incur if Landlord shall seek to remove any other rights such subtenant or remedies of Landlord provided herein or at lawperson.

Holding Over. In addition to performing all of Tenant’s other obligations hereunderExcept for any permitted occupancy by Tenant under Article 29, if Tenant retains possession of or any party claiming by, through or under Tenant fails to surrender the Premises or any part thereof after at the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term or earlier termination of this Lease, the continued occupancy of the Premises shall be that of a tenancy at sufferance. Tenant shall pay an amount (on a per month basis without reduction for partial months during the first thirty holdover) equal to 200% of the greater of: (30A) days of such holdover 150% the sum of the Base Rent and the Adjustment Amount payable under OE Payment due for the terms of this Lease for and with respect to period immediately preceding the last full calendar month immediately prior to the expiration of the Term and after such initial thirty holdover; or (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (xB) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent gross rental for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnifyotherwise continue to be subject to all of Tenant’s obligations under this Lease; provided, defend and hold Landlord harmless from and against any losshowever, cost or damages (includingso long as no other uncured event of default exists under the Lease, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason for the first 30 days of any such holdover Tenant shall pay only 150% of such greater amount. No holdover by Tenant or payment by Tenant after the expiration or early termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. In addition to the payment of the amounts provided above, if Landlord is unable to deliver possession of the Premises to a new tenant, or to perform improvements for a period new tenant, as a result of longer than thirty (30) days. The provisions Tenant’s holdover and Tenant fails to vacate the Premises within 15 days after Landlord notifies Tenant of Landlord’s inability to deliver possession, or perform improvements, such failure shall constitute a Time Sensitive Default hereunder; and notwithstanding any other provision of this ARTICLE 19 shall not be deemed Lease to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawthe contrary, TENANT SHALL BE LIABLE TO LANDLORD FOR, AND SHALL PROTECT LANDLORD FROM AND INDEMNIFY AND DEFEND LANDLORD AGAINST, ALL LOSSES AND DAMAGES, INCLUDING ANY CLAIMS MADE BY ANY SUCCEEDING TENANT RESULTING FROM SUCH FAILURE TO VACATE, AND ANY CONSEQUENTIAL DAMAGES THAT LANDLORD SUFFERS FROM THE HOLDOVER.

Holding Over. A. In addition to performing all the event Tenant does not immediately surrender the Premises on the date of Tenant’s other obligations hereunder, if Tenant retains possession expiration of the Premises Initial Term or any part thereof Renewal Term, as applicable, Tenant shall, by virtue of this paragraph of the Lease, become a month to month Tenant. B. Tenant hereby agrees to pay to Landlord as rent during its tenancy after the expiration of the Initial Term or Renewal Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an monthly amount equal to 150% (i) one and one-half (1.50) times the amount of the higher rent in effect during the last month of (x) the Base Rent and applicable Initial Term or Renewal Term, if the Adjustment Amount payable under the terms of this Lease for and with respect Landlord has not consented in writing to such holdover Tenancy. In addition to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent provided for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionabove, Tenant shall indemnifybe liable for all costs, defend losses, claims and hold Landlord harmless from and against any loss, cost or damages liabilities (including, without limitation including reasonable attorneys’ attorney's fees) which Landlord may suffer by reason incur as a result of Tenant's failure to surrender possession of the Demised Premises to Landlord at the expiration of the Initial Term or Renewal Term, as applicable, including any such holdover by costs arising from instigation and prosecuting proceedings to dispossess Tenant. Rent assessed to Tenant for a period of longer than thirty (30) days. The provisions of under this ARTICLE 19 paragraph shall not be deemed liquidated damages for Landlord's losses resulting from Tenant's holdover. C. In the event Tenant holds over after the expiration of the Initial Term or Renewal Term and Landlord desires to limit regain possession of the Premises promptly at the expiration of the Initial Term or constitute a waiver Renewal Term, as applicable, then at any time prior to Landlord's acceptance of the rent specified in subparagraph 29. B above from Tenant, Landlord, at its option, may forthwith reenter and take possession of the Premises by any other rights or remedies legal process in force in the Commonwealth of Landlord provided herein or at lawPennsylvania.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains possession of the Premises or any part thereof holds over after the expiration of the TermLease Term or earlier termination thereof, without the express written consent of Landlord, such holding over tenancy shall be on a tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in such case daily damages in any action to recover possession of the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant Premises shall pay, as be calculated at a use and occupancy charge with respect to, in addition daily rate equal to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty one hundred twenty-five percent (30125%) days of such holdover 150% of the Base Rent and applicable during the Adjustment Amount payable last rental period of the Lease Term under the terms of this Lease for the first month and with respect to the last full calendar month immediately prior to the expiration thereafter one hundred fifty percent (150%) of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and applicable during the Adjustment Amount payable last rental period of the Lease Term under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months calculated on a per diem basis) and one hundred percent (100%) of all other Rent applicable during the last rental period of the Lease Term under this Lease (calculated on a per diem basis). Notwithstanding anything Nothing contained in this Article 16 shall be construed as consent by Landlord to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to vacate and deliver possession of the Premises to Landlord as provided in this Lease upon the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost expiration or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason other termination of any such holdover by Tenant for a period of longer than thirty (30) daysthis Lease. The provisions of this ARTICLE 19 Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant holds over without ▇▇▇▇▇▇▇▇'s express written consent, and tenders payment of rent for any period beyond the expiration of the Lease Term by way of check (whether directly to Landlord, its agents, or to a lock box) or wire transfer, the cashing of such check or acceptance of such wire shall be considered inadvertent and not be construed as creating a month-to-month tenancy, provided Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. Any holding over without ▇▇▇▇▇▇▇▇'s express written consent may compromise or otherwise affect ▇▇▇▇▇▇▇▇'s ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if ▇▇▇▇▇▇ fails to vacate and deliver the Premises within thirty (30) days of the termination or expiration of this Lease, in addition to any other Losses to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims made by any succeeding tenant founded upon such failure to vacate and deliver, and any Losses suffered by Landlord, including lost profits, resulting from such failure to vacate and deliver. In addition, Tenant shall be liable for all damages (including attorneys' fees and expenses) of whatever type (including consequential -51- [Reddit, Inc.]303 SECOND STREETSouth Tower damages) incurred by ▇▇▇▇▇▇▇▇ as a result of any holding over. ▇▇▇▇▇▇ agrees that any proceedings necessary to recover possession of the Premises, whether before or after expiration of the Lease Term, shall be considered an action to enforce the terms of this Lease for purposes of the awarding of any attorney's fees in connection therewith.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains should remain in possession of the Premises all or any part thereof portion of the Tenant Space after the expiration of the TermTerm of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), such holding over shall be on without the terms execution by Landlord and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as of a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during new lease or an extension of the term Term of this Lease, during then Tenant shall be deemed to be occupying the first thirty (30) days entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150% %) of the Base Rent and Additional Rent payable by Tenant to Landlord during the Adjustment Amount last month of the Term of this Lease. The monthly rent payable under the terms for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of consequential or special damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease for and or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. Notwithstanding any provision to the last full calendar month immediately prior contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for or upon the earlier termination hereof or at any time during any holdover and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against assert any remedy at law or in equity to evict Tenant immediately upon and collect damages in connection with any such wrongful holdover after notice from Landlord (including incidental and consequential damages sustained by virtue of Tenant’s wrongful holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless after notice from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawLandlord).

Holding Over. In addition to performing all If Tenant shall, without the written consent of Tenant’s other obligations hereunderLandlord, if Tenant retains hold over and not yield up immediate possession of the Premises or any part thereof after the expiration or sooner termination of the Lease Term, then Landlord may, at its option, serve written notice upon Tenant that such holding over shall be on constitutes any one of the following: (i) creation of a month-to-month tenancy, or (ii) creation of a tenancy at sufferance: in any case, upon the terms and conditions as set forth in this Lease, as far as applicable, Lease except that Tenant shall pay, as a use and occupancy charge with respect tothe monthly Rent (or daily Rent under (ii) above) shall, in addition to all other charges sums which are to be paid by Tenant hereunder, whether or not as Additional Rent, be equal to one hundred twenty-five percent (125%) of the sum of the Rent plus Additional Rent owed monthly to Landlord under this Lease immediately prior to such expiration or termination (pro rated in the case of (ii) above on the basis of a three hundred sixty (360) day year for each day Tenant remains in possession in the same manner as provided in the Lease for the payment of Rent and Additional Rent if no such notice is served, then a tenancy at sufferance be deemed created. In the case of a holdover which has been consented to by Landlord, unless otherwise agreed to in writing by Landlord and Tenant, Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first shall give to Landlord thirty (30) days prior written notice of such holdover 150% of any intention to quit the Base Rent Premises, and the Adjustment Amount payable under the terms of this Lease for and with respect Tenant shall be entitled to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month days prior written notice to quit the Premises, except in the event of non-payment of Rent or portion thereof during which such holdover continues, as Additional Rent when due or the breach of any other covenant or the existence of a use and occupancy charge with respect to, in addition to all other charges for which default. Tenant would shall be liable hereunder if it were occupying during the term to Landlord for all damages which Landlord suffers because of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionTenant, and Tenant shall indemnify, defend and hold Landlord harmless from and against claims (including actual and opportunity costs and attorney fees and costs) resulting from Tenant’s retention of possession, including any loss, cost claim from any tenant or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) daysprospective tenant against Landlord. The provisions of this ARTICLE 19 section shall not be deemed to limit or constitute a waiver by Landlord of any right of re-entry as provided in this Lease nor shall receipt of any Rent or Additional Rent or any other rights apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for a breach of any terms, covenants, or remedies of Landlord provided herein or at lawobligations contained in this Lease on Tenant’s part to be performed.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises or any part thereof after This Lease shall terminate without further notice upon the expiration of the Term, such and any holding over by Tenant after the expiration shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as not constitute a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term renewal or extension of this Lease, during or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease Lease, except that the monthly rental shall be one hundred fifty percent (150%) of the total monthly rental for and with respect to the last full calendar month immediately prior preceding the date of termination, subject to Landlord’s right to modify same upon sixty (60) days notice to Tenant. The acceptance by Landlord of monthly hold-over rental in a lesser amount shall not constitute a waiver of Landlord's right to recover the full amount due unless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises within fifteen days after the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect despite demand to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over do so by Tenant in the Premises. In additionLandlord, Tenant shall indemnify, defend indemnify and hold Landlord harmless from and all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Notwithstanding the foregoing, Tenant shall not be obligated to waive any claims against any loss, cost Landlord (other than for loss or damages (including, without limitation reasonable attorneys’ feesdamage to Tenant’s business) which Landlord may suffer by reason for its failure to surrender the Premises where such loss or damage is due to the negligence or willful misconduct of any such holdover by Tenant for a period of longer than thirty (30) daysLandlord. The foregoing provisions of this ARTICLE 19 shall Section are in addition to and do not be deemed to limit affect Landlord’s right of re-entry or constitute a waiver of any other rights or remedies of Landlord provided herein under this Lease or at law.

Holding Over. In addition Tenant acknowledges that it is extremely important that landlord have substantial advance notice of the date which tenant will vacate the premises, because landlord will (a) require an extended period to performing all of Tenant’s other obligations hereunderlocate a replacement tenant, and (b) plan its leasing and renovation program for the premises in reliance on its lease expiration dates. Therefore, if Tenant retains possession tenant (or anyone claiming through tenant) does not immediately surrender the premises or any portion thereof upon the expiration or earlier termination of the Premises or any part thereof after lease term, then the expiration rent shall be increased to equal to One Hundred Fifty (150%) per cent of the Termrent, additional rent and other sums that would have been payable pursuant to the provisions of this lease if the lease term had continued for such holding over holdover period. Such rent shall be computed by landlord on a monthly basis and shall be payable on the terms first day of such holdover period and conditions as set forth the first day of each calendar month thereafter during such holdover period until the premises have been vacated. Notwithstanding any other provision of this lease, landlord's acceptance of such rent shall not in this Leaseany manner adversely affect landlord's other rights and remedies, as far as applicableincluding landlord's right to evict tenant and to recover all damages. Any holdover shall be deemed to be a tenancy-at-sufferance and not a tenancy from month-to-month; provided, except however, that Tenant shall pay, as a use and occupancy charge with respect tolandlord may, in addition to all its other charges for which Tenant would be liable hereunder if it were occupying during the term of this Leaseremedies, during the first thirty (30) days of elect, in its sole discretion, to treat such holdover 150% as the creation of a month-to-month tenancy with tenant. In no event shall any holdover be deemed a permitted extension or renewal of the Base Rent lease term, and the Adjustment Amount payable under the nothing contained herein shall be construed to constitute landlord's consent to any holdover or to give tenant any right with respect thereto. Except as otherwise specifically provided in this article XXV, all terms of this Lease for lease shall remain in full force and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying effect during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawperiod.

Holding Over. In addition the absence of a written agreement executed by Landlord expressly recognizing that such agreement shall prevail over the provisions contained in this Article 29, in the event of holding over by Tenant after expiration or other termination of this Lease or in the event Tenant continues to performing all occupy the Premises after the termination of Tenant’s other obligations hereunder's right of possession pursuant to Articles 22 and 23 hereof, if Tenant retains possession occupancy of the Premises subsequent to such termination or expiration shall be that of a tenancy at sufferance and in no event for month-to-month or year-to-year, but Tenant shall, throughout the entire holdover period, be subject to all the terms and provisions of this Lease and shall pay for its use and occupancy an amount equal to one hundred twenty-five percent (125%) of the Base Rental due for the period immediately preceding such holding over, plus any part thereof Additional Base Rental due hereunder. No holding over by Tenant or payments of money by Tenant to Landlord after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this LeaseLease shall be construed to extend the Lease Term or prevent Landlord from recovery of immediate possession of the Premises by summary proceedings or otherwise; provided, during however, that Landlord shall not unreasonably withhold its consent to a holdover tenancy not to exceed ninety (90) days; provided, however that Landlord shall not be required to consent to any holdover in the first thirty (30) days of event that such holdover 150% impairs Landlord's ability to tender all or any substantial (i.e. more than one-fourth) portion of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on replacement lease. In addition to the day immediately succeeding obligation to pay the last day of amounts set forth above during a holdover period, in the Term. Amounts due as aforesaid event Tenant holds over without the express prior written consent from Landlord, the Tenant also shall be prorated liable to Landlord for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages all actual (including, without limitation reasonable attorneys’ feesbut not consequential) damage which Landlord may suffer by reason of any such holdover holding over by Tenant, and Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of indemnify Landlord against any and all claims made by any other rights tenant or remedies prospective tenant against Landlord for delay by Landlord in delivering possession of Landlord provided herein the Premises to such other tenant or at lawprospective tenant.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains possession of the Premises or any part thereof holds over after the expiration of the TermLease Term or earlier termination thereof, with the express or implied consent of Landlord, such holding over tenancy shall be on the terms from month-to-month only, and conditions as set forth in this Lease, as far as applicable, except that shall not constitute a renewal hereof or an extension for any further term. If Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and after such initial thirty (30) day period shall not constitute a renewal hereof or an extension for each calendar month or portion thereof during which such holdover continuesany further term. In either case, as Base Rent shall be payable at a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount monthly rate equal to 150% of the higher product of (xi) the Base Rent and applicable during the Adjustment Amount payable last rental period of the Lease Term under the terms of this Lease or for and with respect to the last full calendar first month immediately prior following the earlier termination of the Lease Term, as applicable, and (ii) a percentage equal to 125% during the first (1st) month immediately following the expiration or earlier termination of the Term Lease Term, 150% during the second (2nd) and third (3rd) months immediately following the expiration or (y) one twelfth earlier termination of the annual fair market rent for Lease Term, and 200% thereafter. Such month-to-month tenancy or tenancy by sufferance, as the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid case may be, shall be prorated for partial months on a per diem basissubject to every other applicable term, covenant and agreement contained herein. Notwithstanding anything Nothing contained in this Article 16 shall be construed as consent by Landlord to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost expiration or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason other termination of any such holdover by Tenant for a period of longer than thirty (30) daysthis Lease. The provisions of this ARTICLE 19 Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises on or before the date that occurs thirty (30) days following the termination or expiration of this Lease, then, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. In addition to performing all the event Lessee does not immediately surrender the Demised Premises on the date of Tenant’s other obligations hereunder, if Tenant retains possession expiration of the Premises term of this Lease or any part thereof extension period thereof, Lessee shall, by virtue of this section of the Lease, become a lessee by the month and hereby agrees to pay to Lessor a Monthly Rent equal to one hundred fifty percent (150%) of the sum of (a) the Monthly Rent in effect during the last month of the term of this Lease as it may have been extended, plus (b) the one-twelfth (1/12th) payment made with Monthly Rent pursuant to the section of this Lease entitled, "OPERATING EXPENSES, OPERATING COSTS AND REAL ESTATE TAXES." The month-to-month tenancy shall commence with the first day next after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during . Lessee as a month-to-month tenant shall continue to be subject to all of the first conditions and covenants of this Lease. Lessee shall give to Lessor at least thirty (30) days written notice of such holdover 150% any intention to quit the Demised Premises. Lessee shall be entitled to thirty (30) days written notice to quit the Demised Premises, except in the event of nonpayment of the Base modified Monthly Rent and in advance, in which event Lessee shall not be entitled to any notice to quit, the Adjustment Amount payable under usual thirty (30) days notice to quit being hereby expressly waived. In the terms of this Lease for and with respect to the last full calendar month immediately prior to event Lessee holds over after the expiration of the Term term of the Lease or extension period thereof, and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition Lessor desires to all other charges for which Tenant would be liable hereunder if it were occupying during regain possession of the Demised Premises promptly at the expiration of the term of this LeaseLease or extension period thereof, an amount equal then at any time prior to 150% Lessor's acceptance of modified Monthly Rent from Lessee as a month-to-month tenant hereunder, Lessor, at its option, may forthwith re-enter and take possession of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term Demised Premises without process, or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon by any holding over by Tenant legal process in force in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) jurisdiction in which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawthe Building is located.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises or any part thereof after the expiration of the Term, such holding over A. This Lease shall be terminate on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition Termination Date pursuant to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect without the necessity of notice from either Landlord or Tenant. Tenant's occupancy subsequent to the last full calendar month immediately prior Termination Date, whether or not with the consent of Landlord, shall be deemed to the expiration be that of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continuesa tenancy at sufferance, as a use and occupancy charge with respect to, in addition subject to all other charges for which Tenant would be liable hereunder if it were occupying during the term terms, covenants, and conditions of this Lease, an amount equal to 150% except that for each day Tenant holds over the Minimum Rent shall be one and one half (1 1/2) times the Minimum Rent payable in the last year of the higher of Term divided by three hundred sixty-five (x365) the Base Rent and the Adjustment Amount payable under the terms ("Holdover Rent"). No extension or renewal of this Lease for shall be deemed to have occurred by any holding over. B. In addition to paying to Landlord the Holdover Rent, if Tenant fails to surrender the Leased Premises to Landlord on the Termination Date as required by this Lease, Tenant shall indemnify, defend (with counsel acceptable to Landlord [acting reasonably]) and with respect hold the Landlord Related Parties harmless from and against all loss, liability, damages and expense (including, without limitation, attorneys' fees) sustained or incurred by any of the Landlord Related Parties on account of or resulting from such failure, including, without limitation, claims made by any succeeding tenant of all or any part of the Leased Premises. C. Notwithstanding anything contained herein to the last full calendar month immediately prior contrary, if Landlord and Tenant elect to negotiate a renewal of this Lease or a new lease, during the expiration period of their negotiations occurring after the Term or (y) one twelfth of Termination Date, Tenant shall continue to pay the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding Rent payable in the last day Lease Year or Partial Lease Year of the Term. Amounts due , provided that any annual or other periodic escalation of Rent set forth in this Lease shall continue during the holdover period as aforesaid shall be prorated for partial months on a per diem basisif said holdover period was part of the original Term. Notwithstanding anything to the contrary herein containedcontained herein, neither Landlord nor Tenant shall have the right any obligation to commence eviction proceedings against Tenant immediately upon any holding over by Tenant to negotiate, or to continue negotiation of, a renewal of this Lease or a new lease covering the Leased Premises and in the Premises. In additionevent that such negotiation is not commenced or such negotiation is discontinued at any time by either party in its sole discretion, Tenant shall indemnify, defend be liable to pay Holdover Rent effective as of the first day of said holdover period (in the event such negotiation is not commenced) or effective as of the first day such negotiation was discontinued (in the event such negotiations were commenced and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer subsequently discontinued by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at laweither party in its sole discretion).

Holding Over. If Subtenant remains in possession of all or any portion of the Sublease Premises at the Expiration Date or sooner termination of this Sublease, with or without the express or implied consent of Sublandlord, such possession shall constitute a tenancy at sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In addition to performing all of Tenant’s other obligations hereundersuch case, if Tenant retains the Base Rent shall be payable at a per diem rate for each day that Subtenant remains in possession of the Sublease Premises or any part thereof after at the expiration greater of (a) 150% of the Termper diem Base Rent for the last month of the Term or (b) the then current market rent for the Sublease Premises, such holding over as determined by Sublandlord. Such tenancy shall be on subject to all of the terms and conditions of this Sublease, including, without limitation, the payment of Additional Rent. A holding over by Subtenant shall include, without limitation, Subtenant's failure to surrender possession of the Sublease Premises in the condition required by this Sublease, for the period reasonably required by Sublandlord, or determined by Master Landlord, to remove all of Subtenant's property from the Sublease Premises, to remove any Alterations required to be removed by Subtenant under this Sublease, to repair any damage to the Sublease Premises, and otherwise to put the Sublease Premises in the condition required for surrender under this Sublease. In addition to payment of the Base Rent (as adjusted) and Additional Rent during the period of Subtenant's holding over, Subtenant shall reimburse Sublandlord on demand for the all additional sums, in excess of the Base Rent (as adjusted) and Additional Rent as provided above, for which Sublandlord becomes liable to Master Landlord under the Master Lease resulting from Subtenant's holding over. The rights set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, section 15 are in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of rights and remedies available to Sublandlord under this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein Sublease or at lawlaw or in equity.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains possession of the Premises or any part thereof holds over after the expiration of the TermLease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such holding over tenancy shall be on at the terms sufferance of Landlord and conditions as set forth shall not constitute a renewal hereof or an extension for any further term, and in this Leasesuch case Rent for the full hold over period shall be payable in advance, as far as applicable, except that Tenant shall pay, minimum damages and not as a use and occupancy charge with respect topenalty, in addition at a monthly rate equal to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30A) days of such holdover 150% of the Base Rent and applicable during the Adjustment Amount payable last rental period of the Lease Term under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term first sixty (60) days of this Leaseholdover, an amount equal to 150and (B) 200% of the higher Rent applicable during the last rental period of (x) the Base Rent Lease Term under this Lease thereafter. During any such holdover period, Tenant shall pay a full month’s rent for each month, or any portion thereof, that tenancy is extended beyond the Lease Expiration Date. Such holdover tenancy shall be subject to every other applicable term, covenant and the Adjustment Amount payable under the terms agreement contained herein. For purposes of this Article 16, a holding over shall include Tenant’s remaining in the Premises after the expiration or earlier termination of the Lease for Term to remove any Alterations or Non Standard Tenant Improvements located within the Premises and replace the same with respect Building Standard Tenant Improvements to the last full calendar month immediately prior to extent such removal and replacement is required in this Lease or the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the TermTenant Work Letter. Amounts due as aforesaid Nothing contained in this Article 16 shall be prorated for partial months on a per diem basis. Notwithstanding anything construed as consent by Landlord to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost expiration or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason other termination of any such holdover by Tenant for a period of longer than thirty (30) daysthis Lease. The provisions of this ARTICLE 19 Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all Claims resulting from such failure, including, without limitation, the generality of the foregoing, so long as Landlord has provided notice (oral or written) to Tenant that another tenant intends to occupy the Premises, any Claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. In addition Tenant acknowledges that it is extremely important that Landlord have substantial advance notice of the date on which Tenant will vacate the Premises, both because Landlord will require an extensive period to performing all of Tenant’s other obligations hereunder, locate a replacement tenant and because Landlord will plan its entire leasing and renovation program for the Building in reliance on its lease expiration dates. Tenant also acknowledges that if Tenant retains possession fails to surrender the Premises at the expiration or termination of the Premises or any part thereof after the expiration of the Lease Term, it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the amount of Annual rent and Additional Rent that would have been payable had the Lease Term continued during such holding over shall be on holdover period. Therefore, in the terms and conditions as set forth in this Lease, as far as applicable, except event that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during not immediately surrender the term of this Lease, during Premises on the first thirty (30) days of such holdover 150% date of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration or termination of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continuesLease Term, as a use and occupancy charge with respect to, in addition the rent payable by Tenant hereunder shall be increased to all other charges for which Tenant would be liable hereunder if it were occupying during equal the term of this Lease, an amount equal to 150% of the higher greater of (xi) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under or (ii) double the base rent, Additional Rent, and other sums that would have been payable pursuant to the terms of this Lease if the Lease Term had continued during such holdover period. Such greater amount shall be computed by Landlord on a one (1) year lease commencing monthly basis in Landlord's discretion and shall be payable by Tenant on the day immediately succeeding the last first day of each month, from such expiration, or termination, until the TermPremises have been vacated by Tenant. Amounts due as aforesaid Landlord's acceptance of such amounts from Tenant shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein containednot in any manner impair or adversely affect Landlord's other rights and remedies hereunder, Landlord shall have the including, but not limited to, (i) its right to commence eviction proceedings against evict Tenant immediately upon any holding over by Tenant in from the Premises. In addition, Tenant shall indemnify, defend and hold (ii) Landlord's right to recover damages pursuant to this Lease and such other damages as are available to Landlord harmless from and against any loss, cost at law or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawin equity.

Holding Over. In addition the event of holding over by Tenant after expiration or other termination of this Lease or in the event Tenant continues to performing all occupy the Premises after the termination of Tenant’s other obligations hereunder's right of possession pursuant to Section 23.A(3) hereof, if Tenant retains possession occupancy of the Premises subsequent to such termination or expiration shall be that of a tenancy at sufferance and in no event for month-to-month or year-to-year. Tenant shall, throughout the entire holdover period, be subject to all the terms and provisions of this Lease and shall pay for its use and occupancy an amount (on a per month basis without reduction for any part thereof partial months during any such holdover) equal to twice the sum (or 200%) of (a) the greater of then current market rate, or (b) the Base Rent and Additional Rent which would have been applicable had the Lease Term continued through the period of such holding over by Tenant. No holding over by Tenant or payments of money by Tenant to Landlord after the expiration of the Term, such holding over Lease Term shall be on construed to extend the terms and conditions as Lease Term or prevent Landlord from recovery of immediate possession of the Premises by summary proceedings or otherwise unless Landlord has sent written notice to Tenant that Landlord has elected to extend the Lease Term. In addition to the obligation to pay the amounts set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying above during the term of this Lease, during the first thirty (30) days of any such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionperiod, Tenant shall indemnifyalso be liable to Landlord for all damages, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) limitation, any consequential damages, which Landlord may suffer by reason of any such holdover holding over by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 and Tenant shall not be deemed to limit or constitute a waiver of also indemnify Landlord against any and all claims made by any other rights tenant or remedies prospective tenant against Landlord for delay by Landlord in delivering possession of Landlord provided herein the Premises to such other tenant or at lawprospective tenant.

Holding Over. In addition to performing all the event Lessee does not immediately surrender the Demised Premises on the date of Tenant’s other obligations hereunder, if Tenant retains possession expiration of the Premises term of this Lease or any part thereof extension period thereof, Lessee shall, by virtue of this section of the Lease, become a lessee by the month and hereby agrees to pay to Lessor a Monthly Rent equal to 125% of the amount of this Monthly Rent in effect during the last month of the term of this Lease as it may have been extended as and for liquidated damages because the damage to Lessor as a result of such holding over are difficult or impossible to determine. The month-to-month tenancy shall commence with the first day next after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during . Lessee as a month-to-month tenant shall continue to be subject to all of the first conditions and covenants of this Lease. Lessee shall give to Lessor at least thirty (30) days written notice of such holdover 150% any intention to quit the Demised Premises. Lessee shall be entitled to thirty (30) days written notice to quit the Demised Premises, except in the event of nonpayment of the Base modified Monthly Rent and in advance, in which event Lessee shall not be entitled to any notice to quit, the Adjustment Amount payable under usual thirty (30) days notice to quit being hereby expressly waived. In the terms of this Lease for and with respect to the last full calendar month immediately prior to event Lessee holds over after the expiration of the Term term of the Lease or extension period thereof, and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition Lessor desires to all other charges for which Tenant would be liable hereunder if it were occupying during regain possession of the Demised Premises promptly at the expiration of the term of this LeaseLease or extension period thereof, an amount equal then at any time prior to 150% Lessor's acceptance of modified Monthly Rent from Lessee as a month-to-month tenant hereunder, Lessor, at its option, may forthwith re-enter and take possession of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term Demised Premises without process, or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon by any holding over by Tenant legal process in force in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) jurisdiction in which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawthe Building is located.

Holding Over. In addition to performing all 22.1 Tenant acknowledges that it is extremely important that Landlord have substantial advance notice of Tenant’s other obligations hereunderthe date on which Tenant will vacate the Premises, and that if Tenant retains possession of fails to surrender the Premises or any part portion thereof after at the expiration or earlier termination of the Lease Term, such holding over shall then it will be on conclusively presumed that the terms value to Tenant of remaining in possession, and conditions as set forth in this Lease, as far as applicable, except the loss that Tenant shall pay, will be suffered by Landlord as a use and occupancy charge with respect toresult thereof, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of far exceed the Base Rent and additional rent that would have been payable had the Adjustment Amount payable under Lease Term continued during such holdover period. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender the terms of this Lease for and with respect to the last full calendar month immediately prior to Premises or any portion thereof upon the expiration or earlier termination of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continuesLease Term, as a use and occupancy charge with respect to, in addition then the rent payable by Tenant hereunder shall be increased to all other charges for which Tenant would be liable hereunder if it were occupying during equal the term of this Lease, an amount equal to 150% of the higher greater of (x1) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a entire Premises, or (2) one hundred fifty percent (1150%) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything Base Rent, additional rent and other sums that would have been payable pursuant to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 Lease if the Lease Term had continued during such holdover period. Such rent shall be computed by Landlord and paid by Tenant on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises have been vacated. Notwithstanding any other provision of this Lease, Landlord’s acceptance of such rent shall not in any manner adversely affect Landlord’s other rights and remedies, including Landlord’s right to evict Tenant and to recover all damages. Any such holdover shall be deemed to limit be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month. In no event shall any holdover be deemed a permitted extension or renewal of the Lease Term, and nothing contained herein shall be construed to constitute a waiver of Landlord’s consent to any other rights holdover or remedies of Landlord provided herein or at lawto give Tenant any right with respect thereto.

Holding Over. In addition the event of holding over by Tenant after expiration or ------------ other termination at this Lease or in the event Tenant continues to performing all occupy the Premises after the termination of Tenant’s other obligations hereunder's right of possession pursuant to Articles XXII and XXIII hereof, if Tenant retains possession occupancy of the Premises subsequent to such termination or any part thereof after expiration shall be that of a tenancy on a day-to-day basis for the expiration first week (i.e. seven calendar days) of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as pay rent (on a use and occupancy charge with respect to, in addition per diem basis) equal to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% sum of the Base Rent Rental and Additional Base Rental due for the Adjustment Amount payable under period immediately preceding such holding over). If after the terms first week of this Lease such holding over tenant continues to occupy the Premises, such occupancy shall be deemed to create a tenancy at sufferance and in no event for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month-to-month or portion thereof year-to-year, but Tenant shall throughout the entire holdover period pay rent (on a per month basis without reduction for any partial months during which any such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount holdover) equal to 150% of the higher sum of (x) the Base Rent Rental and the Adjustment Amount payable under the terms Additional Base Rental due for period immediately preceding such holding over. No holding over by Tenant or payments of this Lease for and with respect money by Tenant to the last full calendar month immediately prior to Landlord after the expiration of the term of this Lease shall be construed to extend the Lease Term or (y) one twelfth prevent Landlord from recovery of immediate possession of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Termby summary proceedings or otherwise. Amounts due as aforesaid Tenant shall be prorated liable to Landlord for partial months on a per diem basis. Notwithstanding anything to the contrary herein containedall damage, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon including any holding over by Tenant in the Premises. In additionconsequential damage, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover holding over by Tenant, and Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of indemnify Landlord against any and all claims made by any other rights tenant or remedies prospective tenant against Landlord for delay by Landlord in delivering possession of Landlord provided herein the Premises to such other tenant or at lawprospective tenant.

Holding Over. A. ▇▇▇▇▇▇ agrees that it will not occupy or retain or allow occupancy or retention by any subtenant of possession of the Leased Premises at any time after the Termination Date. If ▇▇▇▇▇▇ fails to vacate the Leased Premises and deliver Landlord possession of the Leased Premises in the Required Condition on the Termination Date, then Landlord shall have the benefit of all provisions of law respecting the speedy recovery of possession of the Leased Premises (whether by summary proceedings or otherwise). In addition to performing and not in limitation of the foregoing, occupancy subsequent to the Termination Date (“Holdover Occupancy”) shall be a tenancy at sufferance. Holdover Occupancy shall be subject to all terms, covenants, and conditions of this Lease (including those requiring payment of Additional Rent), except that the Minimum Rent for each day that Tenant holds over (“Holdover Minimum Rent”) shall be equal to one and one-half (1-1/2) times the per diem Minimum Rent payable in the last Lease Year for the first one hundred twenty (120) days and two (2) times the per diem Minimum Rent payable in the last Lease Year thereafter, and any right or option to extend or renew the Lease or to lease any other space or Leased Premises in the Building or Project shall be void and of no effect. B. Subject to the terms hereof, Landlord shall also be entitled to recover all damages, including lost business profits and loss opportunity regarding any prospective tenant(s) for the Leased Premises, suffered by Landlord as a result of Tenant’s other obligations hereunder, if Holdover Occupancy provided that the Landlord has given Tenant retains possession notice of entry in to a new lease for all or a portion of the Leased Premises. Tenant acknowledges and agrees that Landlord may undertake a renovation or redevelopment of the Leased Premises or Building and/or lease the Leased Premises (in whole or in part) to another tenant immediately after the Termination Date and that any breach or other violation of the provisions of this Section 3.03 may result in material damages to Landlord (including without limitation, any damages to Landlord in connection with renovation or redevelopment activities or its reletting of the Leased Premises or any part thereof after the expiration of the Termthereof). Further, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition ▇▇▇▇▇▇ agrees to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, hold harmless and defend and hold Landlord harmless for, from and against any lossand all claims, cost or damages causes of action, suits, proceedings, demands, damages, losses (including, without limitation limitation, lost rentals and lost business opportunities), liabilities, expenses and costs (including, without limitation, reasonable experts’, consultants’, attorneys’ feesand court fees and costs) which suffered or incurred by Landlord may suffer by reason as a result of Tenant’s Holdover Occupancy except in the instance of Landlord’s negligence or willful misconduct related to the matter in dispute. For the sake of clarity, nothing in this Subsection B shall limit Tenant’s obligation to pay any such holdover by Tenant for a period of longer than thirty (30) daysHoldover Minimum Rent during any Holdover Occupancy or constitute Landlord’s consent to any Holdover Occupancy. The provisions of this ARTICLE 19 preceding indemnification and hold harmless shall not be deemed survive the Termination Date and any Holdover Occupancy to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawthe extent applicable.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if (a) Any holding over by Tenant retains possession after expiration or termination of the term of this Lease without Landlord’s consent shall entitle Landlord to re-enter the Leased Premises as provided in Section 19.01 of this Lease. Furthermore, in the event of any such holding over, Tenant shall be liable to Landlord for all expenses, costs and damages incurred by Landlord by reason of the holding over by ▇▇▇▇▇▇. No holding over by Tenant after the end of the term shall operate to extend the term. In the event of any unauthorized holding over, ▇▇▇▇▇▇ shall indemnify and hold harmless Landlord against all claims for damages by any other tenant to whom Landlord may have leased all or any part thereof of the Leased Premises effective upon the termination of this Lease. Anything in this Section to the contrary notwithstanding, the acceptance of any rent paid by Tenant pursuant to this Section shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding. Nothing contained in this Section shall (i) imply any right of Tenant to remain in the Leased Premises after the termination of this Lease without the execution of a new lease, (ii) imply any obligation of Landlord to grant a new lease or (iii) be construed to limit any right or remedy that Landlord has against Tenant as a holdover tenant or trespasser. (b) Any holding over after the expiration or termination of the Termterm hereof with the consent of Landlord, such holding over shall be construed to be a tenancy from month to month at a monthly minimum rent of not less than one-sixthninth (1/61/9) the annual minimum rent effective for the final Lease Year or partial Lease Year preceding expiration of the term (subject to further adjustment pursuant to the various provisions of this Lease, including, without limitation, Section 2.04), together with an amount estimated by Landlord for the monthly additional charges payable pursuant to this Lease, and shall otherwise be on the same terms and conditions (including, without limitation, payment of percentage rent) as set forth in this Lease, as herein specified so far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, subject to any changes in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% any of the Base Rent and the Adjustment Amount payable under the foregoing terms of this Lease for and with respect or conditions as may be submitted by Landlord to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the TermTenant. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law.S28 COMMON AREA CHARGE

Holding Over. In addition to performing all the event that Lessee shall not immediately surrender the Demised Premises on the date of Tenant’s other obligations hereunder, if Tenant retains possession expiration of the Premises term hereof, or any part thereof renewal term, Lessee shall, by virtue of the provisions hereof, become a Lessee by the month at the Monthly Base Rent in effect during the last month of the term of this Lease plus twenty five percent (25%), which said monthly tenancy shall commence with the first day next after the expiration of the Lease Term, such holding over . The Lessee as a monthly Lessee shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition subject to all other charges for which Tenant would be liable hereunder if it were occupying during of the term conditions and covenants of this Lease, during the first thirty (30) days of such holdover 150% of the Base except those provisions relating to Lessor funded tenant work, Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month abatement or portion thereof during which such holdover continuesother Lessor funded allowances, as a use and occupancy charge with respect to, in addition though the same had originally been monthly tenancy. Lessee shall give to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than Lessor at least thirty (30) days' written notice of any intention to quit the Demised Premises, and Lessee shall be entitled to thirty (30) days' written notice to quit the Demised Premises, EXCEPT IN THE EVENT OF NONPAYMENT OF RENT IN ADVANCE OR OF THE BREACH OF ANY COVENANT BY THE LESSEE, IN WHICH EVENT LESSEE SHALL NOT BE ENTITLED TO ANY NOTICE TO QUIT, THE USUAL THIRTY (30) DAYS NOTICE TO QUIT BEING HEREBY EXPRESSLY WAIVED. The Notwithstanding the foregoing provisions of this ARTICLE 19 Section, in the event that Lessee shall not hold over the expiration of the Lease Term hereby created, and if Lessor shall desire to regain possession of the Demised Premises promptly at the expiration of the Lease Term, then at any time prior to Lessor's acceptance of Rent from Lessee as a monthly tenant hereunder, Lessor, at its option, may forthwith re-enter and take possession of the Demised Premises without process, or by any legal process in force in the State of Virginia, and Lessee shall remain liable for any and all claims, cost, damage, expense and liability which Lessor may suffer, to the extent that the same shall be deemed proximately caused by Lessee's failure to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawsurrender the Demised Premises as required hereunder.

Holding Over. In addition to performing all If Tenant (directly or through any successor-in-interest of Tenant’s other obligations hereunder, if Tenant retains ) remains in possession of all or any portion of the Premises or any part thereof after the expiration of the TermTerm or the termination of this Lease with the written consent of Landlord, such holding over continued possession shall be construed to be a tenancy from month to month at one hundred twenty-five percent (125%) of the Monthly Base Rent payable in the last full month prior to such termination or expiration (and shall be increased in accordance with Paragraph 3(b)), together with an amount estimated by Landlord for the monthly Additional Charges for Expenses and Taxes payable under this Lease, and shall otherwise be on the terms and conditions as set forth in this Lease, as herein specified so far as applicable, except that . If Tenant shall pay, as a use and occupancy charge with respect to, (directly or through any successor-in-interest of Tenant) remains in addition to possession of all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% or any portion of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and Premises after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth the termination of this Lease without the written consent of Landlord, Tenant’s continued possession shall be on the basis of a tenancy at the sufferance of Landlord. In such event, Tenant shall continue to comply with or perform all the terms and obligations of Tenant under this Lease, except that the Monthly Base Rent during Tenant’s holding over shall be the greater of the annual then-fair market rent for the Premises under (as reasonably determined by Landlord) or one hundred fifty percent (150%) of the Monthly Base Rent and Additional Charges for Expenses and Taxes payable in the last full month prior to the termination or expiration of this Lease (and shall be increased in accordance with Paragraph 3(b). In addition to Rent, Tenant shall pay Landlord for all damages proximately caused by reason of the Tenant’s retention of possession. Landlord’s acceptance of Rent after the expiration of the Term or termination of the Term of this Lease shall not constitute a one (1) year lease commencing renewal of this Lease, and nothing contained in this provision shall be deemed to waive Landlord’s right of re-entry or any other right hereunder or at law. Tenant acknowledges that in Landlord’s marketing and re-leasing efforts for the Premises, Landlord is relying on Tenant’s vacation of the Premises on the day immediately succeeding the last day of the TermExpiration Date. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionAccordingly, Tenant shall indemnify, defend and hold Landlord harmless from and against all claims, liabilities, losses, costs, expenses and damages arising or resulting directly or indirectly from Tenant’s failure to timely surrender the Premises, including (i) any loss, cost or damages suffered by any prospective tenant of all or any part of the Premises, and (including, without limitation reasonable attorneys’ feesii) which Landlord may suffer Landlord’s damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of all or any portion of the Premises by reason of any such holdover by failure of Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawtimely surrender the Premises.

Holding Over. In addition If Tenant, or anyone claiming under Tenant, fails to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of vacate and surrender the Premises or any part thereof after to Landlord at the expiration end of the Term, such holding over then Tenant shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect totenant at sufferance and, in addition to all other charges damages and remedies to which Landlord may be entitled for which such holding over Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base shall pay Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as at a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount monthly rate equal to 150% of the higher of (x) the Base Basic Rent and the Adjustment Amount plus Additional Rent payable under the terms of this Lease for and with respect to during the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one first month of such holdover period, and two hundred percent (1200%) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months thereafter, calculated and pro-rated on a per diem daily basis, and Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any No holding over by Tenant after the end of the Term shall be construed to extend this Lease. If Tenant fails to vacate and surrender the Premises to Landlord at the end of the Term, in the Premises. In additionaddition to any other liabilities to Landlord accruing therefrom, Tenant shall indemnifyprotect, defend defend, indemnify and hold Landlord harmless from and against any lossall losses, cost or damages costs (including, without limitation including reasonable attorneys’ fees) which and liabilities resulting from such failure, including any claims made by any succeeding tenant founded upon such failure to vacate and surrender the Premises to Landlord, and any lost profits to Landlord may suffer by reason resulting therefrom. Notwithstanding the foregoing, any holding over with the express written consent of Landlord shall constitute this Lease a lease from month-to-month (and shall not constitute a renewal of this Lease for any such holdover by further term or an extension of the Term), and Tenant for shall pay Rent at a period monthly rate equal to one hundred fifty percent (150%) of longer than thirty (30) daysthe sum of the Basic Rent plus the Additional Rent payable during the last calendar month of the Term, calculated and prorated on a daily basis, and Tenant shall otherwise be subject to all of the terms and conditions of this Lease. The provisions of this ARTICLE 19 Section 21 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. The provisions of this Section 21 shall survive the expiration or earlier termination of the Term.

Holding Over. In addition If Tenant shall continue to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of occupy the Premises or any part thereof after the expiration termination of this Lease without the Termprior written consent of Landlord, such holding over tenancy shall be on a month-to-month tenancy at sufferance. The period of any hold over tenancy by Tenant shall be subject to all the terms and conditions provisions of this Lease (other than any provisions for allowances, abatements or other financial concessions, Landlord's Work, or optional rights of Tenant requiring Tenant to exercise the same by written notice, such as set forth in this Lease, as far as applicableany options to extend the Term or to expand the Premises), except that Tenant shall paypay Landlord from time to time, upon demand, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and for the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Leaseperiod, an amount equal to One Hundred Fifty Percent (150% %) of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing in effect on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months termination date, computed on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any monthly basis for each month or part thereof during such holding over by Tenant in the Premisesover. In addition, Tenant shall be liable to Landlord for and shall indemnify, defend (with counsel acceptable to Landlord) and hold harmless Landlord harmless from and against any all loss, cost cost, liability and damages suffered or damages (incurred by Landlord as a result of Tenant's holding over including, without limitation reasonable attorneys’ feeslimitation, (i) any payment or rent concession which Landlord may suffer be contractually required to make to any tenant obtained by Landlord for all or any part of the Premises (a "New Tenant") by reason of the late delivery of space to the New Tenant as a result of ▇▇▇▇▇▇'s holding over or in order to induce such New Tenant not to terminate its lease by reason of the holding over by ▇▇▇▇▇▇, and (ii) the loss of the benefit of the bargain if any such holdover New Tenant shall terminate its lease by Tenant for reason of the holding over by Tenant. Acceptance by Landlord of any Rent after termination shall not constitute a period of longer than thirty (30) days. The provisions renewal of this ARTICLE 19 Lease or consent to such hold over occupancy, nor shall not be deemed to limit it waive Landlord's right of re-entry or constitute a waiver of any other rights right contained in this Lease or remedies of Landlord provided herein or at lawby Law.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains holds over possession of the Premises beyond the Termination Date or any part thereof after the prior expiration of the Term, such holding over shall not be on deemed to extend the terms Term or renew this Lease but such holding over shall continue upon the terms, covenants, and conditions as set forth in of this Lease, as far as applicable, Lease except that Tenant shall pay, as a agrees that the charge for use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period Premises for each calendar month or portion thereof during which that Tenant holds over (even if such holdover continues, as part shall be one day) shall be a use and occupancy charge liquidated sum equal to one-twelfth (1/12th) of two (2) times (but only 1.5 times with respect to, in addition to all other charges for which the first month of such holding over) the sum of the: (i) Minimum Rent and (ii) Additional Rent required to be paid by Tenant would be liable hereunder if it were occupying during the term calendar year preceding the Termination Date or earlier expiration of the Term. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises will be extremely substantial, will exceed the amount of the monthly Minimum Rent and Additional Rent payable hereunder and will be impossible to accurately measure. If the Premises are not surrendered upon the expiration of this Lease, an amount equal Tenant shall indemnify and hold harmless the Additional Insureds against any and all losses and liabilities resulting therefrom, including, without limitation, any claims made by any succeeding tenant founded upon such delay. Nothing contained in this Lease shall be construed as a consent by Landlord to 150% the occupancy or possession by Tenant of the higher of (x) Premises beyond the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately Termination Date or prior to the expiration of the Term Term, and Landlord, upon said Termination Date or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day prior expiration of the Term. Amounts due as aforesaid , shall be prorated for partial months on a per diem basis. Notwithstanding anything entitled to the contrary herein contained, Landlord shall have benefit of all legal remedies that now may be in force or may be hereafter enacted relating to the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in immediate repossession of the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 Article shall not be deemed to limit survive the Termination Date or constitute a waiver earlier expiration of any other rights or remedies of Landlord provided herein or at lawthe Term.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises or any part thereof after the expiration of the Term, such holding over A. This Lease shall be terminate on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition Termination Date pursuant to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect without the necessity of notice from either Landlord or Tenant. Tenant's occupancy subsequent to the last full calendar month immediately prior Termination Date, whether or not with the consent of Landlord, shall be deemed to the expiration be that of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continuesa tenancy at sufferance, as a use and occupancy charge with respect to, in addition subject to all other charges for which Tenant would be liable hereunder if it were occupying during the term terms, covenants, and conditions of this Lease, an amount equal to 150% except that for each day Tenant holds over the Minimum Rent shall be one and one-quarter (1 1/4) times the Minimum Rent and Percentage Rent payable in the last year of the higher of Term divided by three hundred sixty-five (x365) the Base Rent and the Adjustment Amount payable under the terms ("Holdover Rent"). No extension or renewal of this Lease for shall be deemed to have occurred by any holding over. B. In addition to paying to Landlord the Holdover Rent, if Tenant fails to surrender the Leased Premises to Landlord on the Termination Date as required by this Lease, Tenant shall indemnify, defend (with counsel acceptable to Landlord [acting reasonably]) and with respect hold the Landlord Related Parties harmless from and against all loss, liability, damages and expense (including, without limitation, attorneys' fees) sustained or incurred by any of the Landlord Related Parties on account of or resulting from such failure, including, without limitation, claims made by any succeeding tenant of all or any part of the Leased Premises. C. Notwithstanding anything contained herein to the last full calendar month immediately prior contrary, if Landlord and Tenant elect to negotiate a renewal of this Lease or a new lease, during the expiration period of their negotiations occurring after the Term or (y) one twelfth of Termination Date, Tenant shall continue to pay the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding Rent payable in the last day Lease Year or Partial Lease Year of the Term. Amounts due , provided that any annual or other periodic escalation of Rent set forth in this Lease shall continue during the holdover period as aforesaid shall be prorated for partial months on a per diem basisif said holdover period was part of the original Term. Notwithstanding anything to the contrary herein containedcontained herein, neither Landlord nor Tenant shall have the right any obligation to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionto negotiate, Tenant shall indemnifyor to continue negotiation of, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions renewal of this ARTICLE 19 shall not be deemed to limit Lease or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawnew lease covering the Leased Premises.

Holding Over. In addition If Tenant fails to performing all of Tenant’s other obligations hereunder, if Tenant retains deliver possession of the Premises or any part thereof on the Termination Date, but holds over after the expiration or earlier termination of this Lease without the Termexpress prior written consent of Landlord, such holding over tenancy shall be construed, as a tenancy from month-to-month on the same terms and conditions as set forth in this Lease, as far as applicableare contained herein, except that the Fixed Monthly Rent payable by Tenant during such period of holding over shall pay, automatically increase as a use and occupancy charge with respect to, in addition of the Termination to all other charges an amount equal to one hundred fifty percent (150%) for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (301~) sixty (60) days of such holdover 150% and two hundred percent (200%) thereafter of the Base Fixed Monthly Rent and payable by Tenant the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration date when Tenant commences such holding over (the Holdover Rent). Such Holdover Rent shall be paid during such period as Tenant retains possession of the Term Premises. However, Tenant's payment of such Holdover Rent, and after such initial thirty (30) day period for each calendar month Landlord's acceptance thereof, shall not constitute a waiver by Landlord of any of Landlord's rights or portion thereof during which such holdover continues, as a use and occupancy charge remedies with respect toto such holding over, nor shall it be deemed to be a consent by Landlord to Tenant's continued occupancy or possession of the Premises past the time period covered Tenant's payment of the Holdover Rent. Furthermore, if Tenant fails to deliver possession of the Premises to Landlord upon the expiration or earlier termination of this Lease, then, in addition to all any other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal liabilities to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionaccruing therefrom, Tenant shall indemnifyprotect, defend defend, indemnify and hold Landlord harmless from and against any all loss, cost or damages costs (including, without limitation including reasonable attorneys’ fees' fees and expenses) which and liability resulting from such failure, including without limiting the foregoing, any claims made by any succeeding tenant arising out of Tenant's failure to so surrender, and any lost profits to Landlord may suffer by reason of any such holdover by Tenant resulting therefrom. Notwithstanding the provisions contained hereinabove regarding Tenant's liability for a period continuing holdover, Landlord agrees to use commercially reasonable efforts to insert into any future lease of longer than thirty (30) days. The another tenant proposing to occupy the Premises provisions similar to those contained in Section 2.1, permitting mitigation of this ARTICLE 19 shall not be deemed to limit or constitute a waiver Tenant's damages arising out of any other rights or remedies of Landlord provided herein or at lawTenant's temporary holdover.

Holding Over. In addition the event of holding over by Tenant with respect to performing all or any portion of the Leased Premises after the expiration or termination of the Lease Agreement, such holding over shall constitute a tenancy at sufferance relationship between Landlord and Tenant and all of the terms and provisions of this Lease Agreement shall be applicable during such period, except that as monthly rental, Tenant shall pay to Landlord for the first (1st) month (or any portion thereof) during the period of such hold over an amount equal to one hundred fifty percent (150%) of the Rent payable by Tenant for the month immediately preceding the holdover period and two hundred percent (200%) of the Rent payable by Tenant for the month immediately preceding the holdover period for any month thereafter (or portion thereof). The rental payable during such hold over period shall be payable to Landlord on demand. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease Agreement except as herein provided. In the event of any unauthorized holding over, Tenant shall also indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Parties (as defined on Exhibit H) against all claims for damages against the Landlord Parties as a result of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises Leased Premises, including, without limitation, claims for damages by any other party to which Landlord may have leased, or entered into an agreement to lease, all or any part thereof of the Leased Premises effective upon the termination of this Lease Agreement. Notwithstanding anything herein to the contrary, Landlord and Tenant specifically agree that no notice to terminate Tenant's tenancy hereunder will be required from and after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms Term of this Lease for and with respect to the last full calendar month immediately prior to the expiration Agreement under Section 91.001 or Section 24.005 of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as Texas Property Code before Landlord files a use and occupancy charge with respect to, in addition to all other charges for which forcible detainer suit on grounds that the Tenant would be liable hereunder if it were occupying during is holding over beyond the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration end of the Term or renewal period (yif any) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon hereof; and any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 sublease hereunder shall not be deemed to limit or constitute approved unless it also contains a specific comparable waiver of any other rights or remedies of Landlord provided herein or at lawby the subtenant thereunder.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration of the Term, such holding over term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable, applicable except that Tenant shall pay, pay as a use and occupancy charge with respect to, in addition an amount equal to all other charges for which Tenant would be liable hereunder if it were occupying during the term greater of this Lease, during the first thirty (30x) days of such holdover one hundred fifty percent (150% %) of the Base Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the Adjustment Amount highest rate payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial first thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, days in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Leaseholds over, and thereafter an amount equal to 150% two hundred percent (200%) of the higher of (x) the Base Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the Adjustment Amount highest rate payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term Lease, or (y) one twelfth the fair market rental value of the annual fair market rent Premises, in each case for the Premises under a one (1) year lease commencing period measured from the day on which Tenant’s hold-over commences and terminating on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against which Tenant immediately upon any holding over by Tenant in vacates the Premises. In addition, if such hold-over shall continue for thirty (30) days or more, Tenant shall indemnifysave Landlord, its agents and employees harmless and will exonerate, defend and hold Landlord harmless indemnify Landlord, its agents and employees from and against any loss, cost or and all damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason on account of any such holdover by Tenant for a period Tenant’s hold-over in the Premises after the expiration or prior termination of longer than thirty (30) days. The provisions the term of this ARTICLE 19 Lease. Nothing in the foregoing nor any other term or provision of this Lease shall not be deemed to limit permit Tenant to retain possession of the Premises or constitute a waiver hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other rights or remedies of charges payable hereunder by Tenant to Landlord provided herein or and any damages to which Landlord may be entitled under this Lease and at lawlaw and in equity.