Common use of Holdover Clause in Contracts

Holdover. If Tenant with Landlord's consent remains in possession of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.

Holdover. If 34.01. (a) In the event this lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant with Landlord's consent shall then hold over after the expiration of the Term (it being agreed that Tenant shall not be deemed holding over by the mere fact that Tenant’s Property remains in possession the Premises after the expiration of the Term), the parties hereby agree that Tenant’s occupancy of the Premises after the expiration of the Term or term shall be a tenancy at will commencing on the first day after the date expiration of the Term, which tenancy shall be upon all of the terms set forth in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by lease except Tenant shall be deemed to be a pay on the first day of each month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base the holdover period as Fixed Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to the product obtained by multiplying one-twelfth of the Fixed Rent payable by Tenant during the last year of the Term (i.e., the year immediately prior to the holdover period) prorated for any partial month on a per diem basis, by (ii) one hundred twenty-five (125%) percent for the first thirty days of such holdover, one hundred fifty percent (150%) of the Base Rent that was in effect percent for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first next thirty (30) days of such holdover, and two one hundred percent seventy-five (200175%) of such Base Rent thereafter during the pendency of such holdoverpercent thereafter. Acceptance by It is further stipulated and agreed that if Landlord of Rent shall, at any time after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand the Term, proceed to do so by Landlordremove Tenant from the Premises as a holdover, Tenant shall indemnify the Fixed Rent for the use and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession occupancy of the Premises to Landlord during any holdover period shall be calculated in the same manner as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawset forth above.

Holdover. If Tenant with Landlord's consent remains in shall have no right to holdover possession of the Premises after the expiration or termination of this Lease without Landlord's prior written consent which Landlord may withhold in its sole and absolute discretion. If, however, Tenant retains possession of any part of the Term or Premises after the date in any notice given by Landlord to Term, Tenant terminating shall become a tenant at sufferance only, for the entire Premises upon all of the terms of this Lease pursuant as might be applicable to (P) 17. or (P) 18.such tenancy, except that, if Landlord, at Landlord's sole option, permits Tenant to remain in the Premises as a month-to-month tenant, such possession by Tenant tenancy shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and upon all provisions of the terms of this Lease, except those pertaining including without limitation, with respect to Term, renewal options and Base the payment of Additional Rent, shall apply and except that Tenant shall thereafter pay monthly (a) for the first ninety (90) days of such holding over, Base Rent computed on a per- month basisequal to one hundred twenty-five percent (125%) of the Market Rate (as defined in Section 31.3 below) for the Premises (as reasonably determined by Landlord); and (b) thereafter, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount Base Rent equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the TermMarket Rate (as defined in Section 31.3 below), computed on a monthly basis for each full or partial month Tenant remains in possession. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdoveralso protect, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlorddefend, Tenant shall indemnify and hold Landlord harmless from and against all loss or liability arising out of Claims resulting from such failure, including including, without limitationlimiting the generality of the foregoing, any claim claims made by any succeeding tenant founded on or resulting from upon such failure to surrendersurrender and any lost profits to Landlord resulting therefrom. No provision acceptance of this (P) 27 shall be construed as implied consent Rent or other payments by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord under these holdover provisions shall operate as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of Landlord's right to regain possession or any other rights or remedies of Landlord provided in this Lease or at lawLandlord's remedies.

Holdover. If Tenant with Landlord's consent Lessee remains in possession of all or any part of the Premises after expiration of the Term or with Lessor’s prior written consent after the date in any notice given by Landlord to Tenant terminating expiration or termination of this Lease pursuant or of Lessee’s right to (P) 17. or (P) 18.possession, such possession by Tenant shall be deemed to be will constitute a month to month-to-month tenancy cancelable which may be terminated by either party on Lessor or Lessee upon thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, will not constitute a renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) extension of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Lease Term. If Tenant holds over Lessee remains in possession after the such expiration or earlier termination without Lessor’s prior written permission, such possession will constitute a tenancy-at-will terminable upon forty-eight (48) hours’ notice by Lessor and will not constitute a month-to-month tenancy nor a renewal or extension of the Term hereofLease Term. In the event of a month-to-month tenancy or tenancy-at-will under this Paragraph, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Lessee’s Base Rent shall will be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such the Base Rent thereafter payable during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination last month of the Term shall not constitute a consent to a holdover hereunder or result Lease Term, any other sums due under this Lease will be payable in a renewal. The foregoing provisions of the amounts and at the times specified in this (P) 27 are in addition to Lease, and do not affect Landlord's right of re-entry or any all options, rights of Landlord hereunder or as otherwise provided by lawrefusal, expansions and/or renewals shall be null and void. If Tenant fails Any tenancy under this Paragraph will be subject to surrender the Premises upon the expiration of every other term, condition and covenant contained in this Lease despite demand Lease. Lessee agrees to do so by Landlorddefend, Tenant shall indemnify and hold Landlord Lessor harmless from all loss any claim or liability cause of action arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such related to the failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant Lessee to surrender possession of the Premises to Landlord as provided in this Lease Lessor upon the expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or upon any such termination. Notwithstanding the foregoing, Lessee shall have the option to holdover for a period of up to three (3) months following the expiration of the lease term at law115% of the last rent due under the terms of the lease. Lessee shall be required to provide Lessor one-hundred eighty (180) days notice prior to lease the lease expiration date.

Holdover. If Tenant with Landlord's consent remains in possession of Sublessee fails to surrender the Subleased Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given portion thereof at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereofTerm, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided then it will be conclusively presumed that the Base value to Sublessee of remaining in possession, and the loss that will be suffered by Sublessor as a result thereof, far exceed the Rent shall be one hundred fifty percent (150%) of the Base Rent and additional rent that was in effect for the last full calendar month immediately preceding expiration of would have been payable had the Term for continued during such holdover period. Therefore, if Sublessee (or anyone claiming through Sublessee) does not immediately surrender the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during Subleased Premises or any portion thereof upon the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term Term, then the rent payable by Sublessee shall not constitute be increased to two (2) times then-applicable base rent for the Subleased Premises as set forth in the Prime Lease. Such rent shall be computed by Sublessor and paid by Sublessee on a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to monthly basis and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender shall be payable on the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out first day of such failure, including without limitation, holdover period and the first day of each calendar month thereafter during such holdover period until the Subleased Premises have been vacated. Notwithstanding any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No other provision of this (P) 27 Sublease, Sublessor's acceptance of such rent shall not in any manner adversely affect Sublessor's other rights and remedies, including Sublessor's right to evict Sublessee and to recover all damages. Any such holdover shall be deemed to be a 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 Term, and nothing contained herein shall be construed as implied to constitute Sublessor's consent by Landlord to any holding over by Tenant. Landlord expressly reserves the holdover or to give Sublessee any right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawwith respect thereto.

Holdover. If In the event that Tenant with Landlord's consent remains in possession of the any Demised Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, this Lease without the prior written consent of Landlord (which may be granted or withheld in Landlord’s sole and absolute discretion), (a) Tenant shall, at the option of Landlord, be deemed to be occupying such Demised Premises as a tenant from month to month, subject to all of the terms and conditions of this Lease, (b) Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be in effect with respect to such Demised Premises as of the Payment Date immediately preceding the date of such expiration or termination multiplied by (i) one hundred fifty twenty-five percent (150125%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of its holdover, (ii) one hundred thirty-five percent (135%) for the next thirty (30) days of its holdover, (iii) one hundred forty-five percent (145%) for the next thirty (30) days of its holdover, (iv) one hundred fifty-five percent (155%) for the next thirty (30) days of its holdover, and (ii) one hundred sixty-five percent (165%) for the remainder of its holdover, (c) Tenant shall remain liable for the payment and performance of all of its other obligations under this Lease, including, without limitation, the payment of all Additional Rent, during the period of any such holdover, and two hundred percent (200%d) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this if Tenant holds over for more than ninety (P90) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlorddays, Tenant shall indemnify and hold be liable for all Claims incurred or suffered by Landlord harmless from all loss or liability arising out as a result of such failureTenant’s holdover, including without limitation, any claim made damages suffered by any succeeding tenant founded on or Landlord resulting from such failure to surrender. No provision the termination by an incoming tenant of this (P) 27 shall be construed as implied consent by Landlord to its proposed lease for all or any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession portion of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawDemised Premises.

Holdover. (a) If Tenant with Landlord's consent remains in possession of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds hold over after the expiration or earlier sooner termination of the Term hereofterm of this lease, without and if Owner shall then not proceed to remove Tenant from the consent Demised Premises in the manner permitted by law (or shall not have given written notice to Tenant that Tenant must vacate the Demised Premises) irrespective of Landlordwhether or not Owner accepts rent from Tenant for a period beyond the Expiration Date, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided the parties hereby agree that the Base Rent shall be one hundred fifty percent (150%) Tenant's occupancy of the Base Rent that was in effect for Demised Premises after the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier sooner termination of the Term term shall not constitute be under a consent month-to-month tenancy commencing on the first day after the expiration or sooner termination of the term, which tenancy shall be upon all of the terms set forth in this lease except that Tenant shall pay on the first day of each month of the holdover period as Fixed Rent, an amount equal to a holdover hereunder or result in a renewal. The foregoing provisions two (2) times one-twelfth of the sum of the Fixed Rent and Additional Charges payable by Tenant during the last year of the term of this (P) 27 are in addition to lease. It is stipulated and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 agreed that Owner shall not be considered required to limit perform any work, furnish any materials or constitute make any repairs within the Demised Premises during the holdover period. It is further stipulated and agreed that if Owner shall, at any time after the expiration or sooner termination of the term, proceed to remove Tenant from the Demised Premises as a waiver holdover, the Fixed Rent for the use and occupancy of the Demised Premises during any other rights holdover period shall be calculated in the same manner as set forth above. In addition to the foregoing, Owner shall be entitled to recover from Tenant any losses or remedies of Landlord provided in this Lease or at lawdamages arising from such holdover.

Holdover. If Tenant with Landlord's consent remains in possession of shall not immediately surrender the Premises after at the expiration of the Lease Term or after earlier termination of the date in any notice given Lease, then Tenant shall, by Landlord to Tenant terminating virtue of the provisions of this Lease pursuant to (P) 17paragraph 3.6, become a tenant by the month. or (P) 18., In such possession by event Tenant shall be deemed required to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the amount of the monthly installment of Base Rent that was then in effect for and as subsequently escalated in accordance with the provisions hereof, together with all Additional Rent in effect during the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereofcommencing said monthly tenancy with the first day next after the end of the Lease Term; and said Tenant, without the consent of Landlordas a month-to-month tenant, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) subject to all of the Base Rent that was in effect for conditions and covenants of this Lease as though the last full calendar month immediately preceding expiration same had originally been a monthly tenancy, except as otherwise provided above with respect to the payment of Rent. Each party hereto shall give to the Term for the first other at least thirty (30) days written notice to quit the Premises, except in the event of such holdovernon-payment of Rent provided for herein when due, or of the breach of any other covenant by the said Tenant, in which event, Tenant shall not be entitled to any notice to quit, the usual thirty (30) days notice to quit being expressly waived; provided, however, that in the event that Tenant shall hold over after expiration of the Term, and two hundred percent (200%) if Landlord shall desire to regain possession of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the said Premises upon promptly at the expiration of this Lease despite demand the Term, then at any time prior to do so the acceptance of the Rent by Landlord from Tenant, as a monthly tenant hereunder, Landlord, Tenant shall indemnify at its election or option, may reenter and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender take possession of the Premises forthwith, without process, or by any legal action or process in the Commonwealth of Virginia. Landlord shall have all the rights and remedies provided for by law and this Lease, including the right to recover damages (including consequential damages) suffered by Landlord as provided in the event of Tenant’s holdover in the Premises; provided, however, Tenant shall not be liable for any consequential damages in the event Tenant vacates the Premises in accordance with the terms of this Lease upon expiration or other within sixty (60) days following the termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.

Holdover. If Tenant with Landlord's consent remains in possession of Sublessee fails to surrender the Subleased Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given portion thereof at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereofTerm, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided then it will be conclusively presumed that the Base value to Sublessee of remaining in possession, and the loss that will be suffered by Sublessor as a result thereof, far exceed the Rent shall be one hundred fifty percent (150%) of the Base Rent and additional rent that was in effect for the last full calendar month immediately preceding expiration of would have been payable had the Term for continued during such holdover period. Therefore, if Sublessee (or anyone claiming through Sublessee) does not immediately surrender the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during Subleased Premises or any portion thereof upon the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term Term, then the rent payable by Sublessee shall not constitute be increased to two (2) times then-applicable base rent for the Subleased Premises as set forth in the Prime Lease. Such rent shall be computed by Sublessor and paid by Sublessee on a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to monthly basis and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender shall be payable on the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out first day of such failureholdover period and the first day of each calendar month thereafter during such holdover period until the Subleased Premises have been vacated. Notwithstanding any other [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, including without limitationMARKED BY BRACKETS, any claim made by any succeeding tenant founded on or resulting from such failure to surrenderHAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. No provision of this (P) 27 Sublease, Sublessor’s acceptance of such rent shall not in any manner adversely affect Sublessor’s other rights and remedies, including Sublessor’s right to evict Sublessee and to recover all damages. Any such holdover shall be deemed to be a 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 Term, and nothing contained herein shall be construed as implied to constitute Sublessor’s consent by Landlord to any holding over by Tenant. Landlord expressly reserves the holdover or to give Sublessee any right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawwith respect thereto.

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

Holdover. If Tenant with Landlord's consent remains in possession of Sublessee fails to surrender the Additional Subleased Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given portion thereof at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereofTerm, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided then it will be conclusively presumed that the Base value to Sublessee of remaining in possession, and the loss that will be suffered by Sublessor as a result thereof, far exceed the Rent shall be one hundred fifty percent (150%) of the Base Rent and additional rent that was in effect for the last full calendar month immediately preceding expiration of would have been payable had the Term for continued during such holdover period. Therefore, if Sublessee (or anyone claiming through Sublessee) does not immediately surrender the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during Additional Subleased Premises or any portion thereof upon the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term Term, then the rent payable by Sublessee shall not constitute be increased to two (2) times then-applicable base rent for the Additional Subleased Premises as set forth in the Prime Lease. Such rent shall be computed by Sublessor and paid by Sublessee on a consent to a holdover hereunder or result in a renewalmonthly [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. The foregoing provisions of this (P) 27 are in addition to basis and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender shall be payable on the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out first day of such failure, including without limitation, holdover period and the first day of each calendar month thereafter during such holdover period until the Additional Subleased Premises have been vacated. Notwithstanding any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No other provision of this (P) 27 Sublease, Sublessor’s acceptance of such rent shall not in any manner adversely affect Sublessor’s other rights and remedies, including Sublessor’s right to evict Sublessee and to recover all damages. Any such holdover shall be deemed to be a 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 Term, and nothing contained herein shall be construed as implied to constitute Sublessor’s consent by Landlord to any holding over by Tenant. Landlord expressly reserves the holdover or to give Sublessee any right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawwith respect thereto.

Holdover. If Tenant with Landlord's ’s consent remains in possession of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.Lease, such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- per month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty thirty-five percent (150135%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. In any such case of Holdover without the consent of Landlord, the monthly Base Rent shall be computed on a per-month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) ¶ 27 are in addition to and do not affect Landlord's ’s right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) ¶ 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) ¶ 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.

Holdover. If Tenant with Landlord's consent Sublessee remains in possession of the Subleased Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereofTerm, without Sublessee shall be deemed to be occupying the consent Subleased Premises as a tenant at the sufferance of LandlordSublessor, Tenant shall become a Tenant at sufferance only with a continuing obligation subject to pay all of the provisions of this Sublease, except that for each month or partial month in which Sublessee holds over, Rent provided that the Base Rent for such month or portion thereof shall be one hundred fifty percent (150%) of the Base amount of Rent that was in effect for during the last full calendar month immediately preceding expiration of the Term without apportionment for any partial month; in the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during event the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term coincides with the expiration of the term under the Prime Lease, however, Sublessee shall not constitute remit the greater of 150% of the Rent then in effect or the amounts owing under the Prime Lease. Additionally, Sublessee agrees to indemnify Sublessor for any and all loss, damage, cost, expense and liability (including, without limitation, attorneys’ fees, court costs and consequential damages) incurred by Sublessor in connection with Sublessee’s holdover at the Subleased Premises. No provision in this Section 11 shall: (a) be deemed to be a consent by Sublessor to a any holdover hereunder by Sublessee; (b) preclude or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's exclude Sublessor from exercising its right of re-entry entry; or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails (c) be deemed to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided which Sublessor may have available hereunder, under the Prime Lease, at law or in this Lease or at lawequity.

Holdover. If Tenant with Landlord's consent remains in possession of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.Lease, such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent Rent, computed on a per- per-month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that that, as liquidated damages (which shall be Landlord's sole damages) for such holding over, the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) Section 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender law except for Landlord's damages which are liquidated at the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrenderamounts set forth above. No provision of this (P) Section 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.

Holdover. If Tenant with Landlord's ’s consent remains in possession of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.Lease, such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- per month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for Term. In any such case of Holdover without the first thirty (30) days consent of such holdoverLandlord, and two hundred percent (200%) of such the monthly Base Rent thereafter during the pendency of such holdovershall be computed on a per month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 ¶27 are in addition to and do not affect Landlord's ’s right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 ¶27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.this

Holdover. If Should Tenant, without Landlord's consent, holdover -------- after the termination of this Lease and continue to pay rent, Tenant shall become a tenant from month to month only upon each and all of the terms herein provided as may be applicable to such month to month tenancy and any such holdover shall not constitute an extension of this Lease. During such holdover, without Landlord's consent, Tenant shall pay monthly Base Rent equal to two hundred percent (200%) of the Base Rent and Additional Rent due for the last month of the Term of the Lease, plus the other monetary charges as provided herein. In the event of Tenant holdover after the termination of this Lease with Landlord's consent remains in possession all other terms of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.Paragraph 23 shall apply, such possession by however, Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay Landlord monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that in the amount agreed upon by Landlord and Tenant remains in possessionor, in the absence of an agreement an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect and Additional Rent due for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, of the Lease. Such tenancy (whether with or without the consent of Landlord's consent) shall continue until terminated by Landlord, as provided by law, or until Tenant shall become a Tenant have given to Landlord at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first least thirty (30) days written notice prior to the last day of the calendar month intended as the date of termination of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent month to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawmonth tenancy.

Holdover. If Tenant with Landlord's consent remains in retains possession of the Premises or any part thereof after expiration the termination of the Term or after the date in any notice given extension thereof, by Landlord to Tenant terminating this Lease pursuant to (P) 17lapse of time or otherwise without Landlord's prior written consent, which consent shall not be unreasonably withheld. or (P) 18., such possession by Tenant shall become a tenant from month-to-month only upon each and all of the terms herein provided as may be deemed applicable to be a month to such month-to-month tenancy cancelable by either party on thirty (30) days written notice given at and any time by either party and all provisions such holdover shall not constitute an extension of this Lease; provided, except those pertaining to Termhowever, renewal options and that during such holding over, Tenant shall pay Base Rent, shall apply Operating Cost Share Rent, and Tenant shall thereafter pay monthly Base Tax Share Rent at (a) one and one- half times the rate payable for the fiscal year, or portion thereof, immediately preceding said holding over, computed on a per- month basismonthly basis for the time Tenant thus remains in possession for the first two months that Tenant holds over and (b) Tenant shall pay Base Rent, Operating Cost Share Rent and Tax Share Rent at double the rate payable for the fiscal year, or portion thereof, immediately preceding said holding over, computed on a monthly basis for the time Tenant thus remains in possession thereafter, and, in addition, Tenant shall pay Landlord all damages, consequential as well as direct, sustained by reason of Tenant's holding over. Alternatively, if Tenant retains possession of the Premises or any part thereof for more than 60 days after the termination of the Term or any extension thereof, by lapse of time or otherwise, at the election of Landlord expressed in a written notice to Tenant and not otherwise, such retention of possession shall constitute a renewal of this Lease for one (1) year; provided, however, for each month the period commencing on the 61st day following the termination of the Term or part thereof (without reduction for any partial month) extension thereof, that Tenant remains in possession, shall pay Base Rent in an amount equal to one hundred fifty percent (the greater of 150%) % of the Base Rent that was in effect rate payable for the last full calendar month immediately preceding expiration fiscal year, or portion thereof or 125% of the Term. If then current market rate as determined by Landlord, and Tenant holds over after the expiration or earlier termination of the Term hereofshall continue to make all other payments required under this Lease, including, without limitation, Operating Cost Share Rent and Tax Share Rent. Neither the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord acceptance of Rent by the Landlord after expiration or earlier termination of termination, nor the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this Section: (Pi) 27 are in addition to and do not affect shall be construed as, or operate as, a renewal or as a waiver of Landlord's right of re-entry or any rights of Landlord hereunder right to regain possession by actions at law or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss in equity or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on other right or resulting from such failure to surrender. No provision of this remedy hereunder, or (Pii) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration as, or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute operate as, a waiver of any other rights right or remedies remedy of Landlord provided in this Lease or at lawLandlord.

Holdover. If Tenant with Landlord's consent remains in the Premises after the termination or expiration of the Term, such holding over shall be as a tenant at sufferance at a rent equal to (x) for the first ninety (90) days after the termination or expiration of the Term, one and one-halftimes the Annual Fixed Rent due hereunder for the last month of the Term and (y) thereafter the greater of (i) one and one-half times the Annual Fixed Rent due hereunder for the last month of the Term and (ii) the fair market rent for the Premises, and otherwise subject to all the covenants and conditions (including obligations to pay Additional Rent under Section 2.6) of this Lease. Notwithstanding the foregoing, if Landlord desires to regain possession of the Premises after the termination or expiration hereof, Landlord may, at its option, re-enter and take possession of the Term Premises or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given part thereof at any time thereafter or by either party and all provisions any legal process in force in the state in which the Premises are located. If the Tenant renegotiates a new term with the Landlord of this Lease whether in the Premises or at another location in the Building within 120 days after the expiration of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains all rents in possession, in an amount equal to one hundred fifty percent (150%) excess of the Base Rent that was in effect for new rate, paid during the last full calendar month immediately preceding expiration hold over period, will be applied as a credit to the new lease. Notwithstanding the establishment of the Term. If Tenant holds over after any tenancy at sufferance following the expiration or earlier termination of the Term hereofTerm, without if Tenant fails promptly to vacate the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that Premises upon the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term Term, and such failure continues for thirty (30) days after notice from Landlord to Tenant to vacate the Premises, Tenant shall not constitute a consent save Landlord harmless, indemnify and defend Landlord against any claim, loss, cost or expense (including reasonable attorneys’ fees by counsel of Landlord’s choice and consequential damages) arising out of Tenant’s failure promptly to a holdover hereunder or result in a renewal. The foregoing provisions of this vacate the Premises (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails portion thereof) prior to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this thirty (P30) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawday period.

Holdover. If Tenant with Landlord's consent remains in acknowledges that possession of the Demised Premises after expiration must be surrendered to Landlord on the Expiration Date or the date of sooner termination of this lease. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Term Demised Premises will be extremely substantial, will exceed the amount of the monthly installments of the fixed rent and additional rent payable hereunder and will be impossible to accurately measure. Tenant agrees that if possession of the Demised Premises is not surrendered to Landlord on or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on before thirty (30) days written notice given at any time by either party and all provisions after the Expiration Date (or sooner termination of this Leaselease) in the condition required under this lease and otherwise in accordance with the terms hereof, except those pertaining in addition to Termany other rights or remedies Landlord may have hereunder or at law, renewal options and Base Rentwithout in any manner limiting Landlord's right to demonstrate and collect any damages suffered by Landlord, shall apply Tenant hereby indemnifies Landlord against liability arising from Tenant's failure to surrender the Demised Premises as provided herein, including any claims made by any succeeding tenant or prospective tenant founded upon delay in obtaining possession of the Demised Premises and Tenant shall thereafter pay monthly Base Rent computed to Landlord on a per- month basis, account of use and occupancy of the Demised Premises for each month or part thereof (without reduction and for each portion of any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If during which Tenant holds over in the Demised Premises after the expiration Expiration Date (or earlier sooner termination of the Term hereof, without the consent of Landlord, Tenant shall become this lease) a Tenant at sufferance only with a continuing obligation sum equal to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%a) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for during the first thirty (30) days of such holdover, one hundred fifty (150%) percent of the fixed rent that was payable under this lease during the last month of the Term, plus all additional rent which was payable under this lease during the last month of the Term; and (b) thereafter, two hundred percent (200%) percent of such Base Rent thereafter the fixed rent which was payable under this lease during the pendency last month of such holdoverthe Term, plus all additional rent which was payable under this lease during the last month of the Term. Acceptance Nothing herein contained shall be deemed to permit Tenant to retain possession of the Demised Premises after the Expiration Date (or sooner termination of this lease) or to limit in any manner Landlord's right to regain possession of the Demised Premises through summary proceedings, or otherwise, and no acceptance by Landlord of Rent payments from Tenant after expiration or earlier termination the Expiration Date shall be deemed to be other than on account of the Term shall not constitute a consent amount to a holdover hereunder or result be paid by Tenant in a renewal. The foregoing accordance with the provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this LeaseSection. The provisions of this (P) 27 Article shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawsurvive the Expiration Date.

Holdover. If 34.01. (a) In the event this lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant with Landlord's consent remains shall then hold over after the expiration of the term of this lease (it being agreed that Tenant shall not be deemed holding over by the mere fact that Tenant’s Property and/or Specialty Alterations remain in possession the Premises after the expiration of the term of this lease), the parties hereby agree that Tenant’s occupancy of the Premises after the expiration of the Term or term shall be under a month-to-month tenancy commencing on the first day after the date expiration of the term of this lease, which tenancy shall be upon all of the terms set forth in any notice given this lease except Tenant shall pay on the first day of each month of the holdover period as Fixed Rent, an amount equal to the product obtained by multiplying (i) the greater of (A) one-twelfth of the Fixed Rent payable by Tenant during the last year of the term of this lease (i.e., the year immediately prior to the holdover period) or (B) an amount equal to the then market rental value for the Premises, taking into account all relevant factors, by (ii) one hundred ten (110%) percent for the first month of such month-to-month tenancy, one hundred fifteen (115%) percent for the next two months of such month-to-month tenancy, one hundred twenty-five (125%) percent for the next three months of such month-to-month tenancy, and one hundred fifty (150%) percent thereafter. Tenant may dispute such market rental value for the Premises as estimated by Landlord by giving notice to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.Landlord within, such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on but in no event after, thirty (30) days written after the giving of Landlord’s notice given at any to Tenant (as to the giving of which notice to Landlord, time by either party and all provisions shall be deemed of this Leasethe essence). Enclosed with such notice, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on be required to furnish to Landlord the written opinion of a per- month basisreputable New York licensed real estate broker having leasing experience in the Borough of Manhattan, for each month or part thereof a period of not less than ten (without reduction for any partial month10) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) years setting forth said broker’s good faith opinion of the Base Rent that was in effect for the last full calendar month immediately preceding expiration market rental value of the TermPremises. If Tenant holds over after and Landlord are unable to resolve any such dispute as to the expiration or earlier termination market rental value for the Premises then such dispute shall be resolved by an independent arbitrator who shall be a real estate broker of similar qualifications and shall be selected from a listing of not less than three (3) brokers furnished by the Manhattan office of the Term hereofAmerican Arbitration Association (herein called the “AAA”) (or any successor thereto) to Tenant and Landlord (at the request of either Landlord or Tenant). If Landlord and Tenant are unable to agree upon the selection of the individual arbitrator from such listing, without then the consent first arbitrator so listed by the Manhattan office of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent AAA (or any successor thereto) shall be one hundred fifty percent (150%) conclusively presumed to have been selected by both Landlord and Tenant and the decision of such arbitrator shall be conclusive and binding upon the parties as to the market rental value for the Premises. Pending the determination of the Base Rent that was in effect for the last full calendar month immediately preceding expiration market rental value of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of the term of this Lease despite demand to do so by Landlordlease, Tenant shall indemnify and hold pay to Landlord harmless from all loss as Fixed Rent an amount computed in accordance with clause (A) or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision (B) of this Section 34.01(a) (P) 27 as Landlord shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves then elect), and upon determination of the right to require Tenant to surrender possession market rental value of the Premises in accordance with the preceding provisions hereof appropriate adjustments and payments shall be effected. In the event that Landlord shall have elected to charge Tenant Fixed Rent in an amount computed in accordance with clause (B) of this Section 34.01(a), then that portion of such Fixed Rent (herein called the “Holdover Stub Amount”) that is the difference between (1) the Fixed Rent computed in accordance with clause (B) of this Section 34.01(a) and (2) the Fixed Rent computed in accordance with clause (A) of this Section 34.01(a), shall be held in escrow by a reputable law firm designated by Landlord pending the determination of the market rental value of the Premises in accordance with the preceding provisions hereof, and any interest earned on such Holdover Stub Amount shall be added to and follow that portion of the Holdover Stub Amount that is paid to Landlord as provided and/or Tenant in this Lease upon accordance with the decision of the arbitrator making such determination. It is further stipulated and agreed that if Landlord shall, at any time after the expiration or other termination of the original term of this Lease. The provisions of this (P) 27 shall not be considered to limit lease or constitute a waiver after the expiration of any other rights or remedies term created thereafter, proceed to remove Tenant from the Premises as a holdover, the Fixed Rent for the use and occupancy of Landlord provided the Premises during any holdover period shall be calculated in this Lease or at lawthe same manner as set forth above.

Holdover. If the Tenant with Landlord's consent remains in or any person claiming through the Tenant shall retain possession of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereofand if Landlord shall consent to such continuation of possession, without such possession shall be (unless the consent parties hereto shall otherwise have agreed in writing) deemed to be under a month-to-month tenancy which shall continue until either party shall notify the other in writing, at least 30 days prior to the end of Landlordany calendar month, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the party giving such notice elects to terminate such tenancy at the end of such calendar month, in which event such tenancy shall so terminate. Anything contained in the foregoing provisions of this paragraph to the contrary notwithstanding, the rental payable with respect to each such monthly period shall be 150% of the monthly Base Rent shall be one hundred fifty percent (and 150%) % of the Base Rent that was monthly Tax Adjustment Amount and of the monthly Expense Adjustment Amount (both calculated in accordance with the provisions of Paragraph 4 hereof) which would have been payable had this Lease been renewed until the end of the calendar year which includes such month on the terms and conditions in effect for immediately prior to the last full calendar month immediately preceding expiration or termination of the Term for the first thirty three (303) days months of such holdover, Tenant's holdover and two hundred percent (200%) % of such the monthly Base Rent thereafter during and 200% of the pendency monthly Tax Adjustment Amount and of the monthly Expense Adjustment Amount (both calculated in accordance with the provisions of Paragraph 4 hereof) which would have been payable had this Lease been renewed until the end of the calendar year which includes each month on the terms and conditions in effect immediately prior to the expiration or termination of the Term for any period after the first three (3) months of Tenant's holdover; and such holdovermonth-to-month tenancy with Landlord's consent shall be upon the same terms and subject to the same conditions as those which are set forth in this Lease except as aforesaid. Acceptance by Landlord If Tenant or any person claiming through Tenant shall retain possession of Rent the Premises or any part thereof, after the expiration or earlier termination of the Term term or of Tenant's right of possession, and if such retention shall not constitute a consent be without Landlord's consent, Tenant shall pay Landlord (a) for each month or portion thereof during which such possession continues, an amount equal to a holdover hereunder or result in a renewal. The the rental to be paid for each month pursuant to the foregoing provisions of this (P) 27 are in addition to and do not affect paragraph when such possession is with Landlord's right consent, plus all other sums which would have been payable hereunder had the term continued during such retention of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so possession and (b) all other damages sustained by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss whether direct or liability arising out consequential, by reason of such failureretention of possession. During any such retention of possession without Landlord's consent, including without limitationall of Tenant's obligations with respect to the use, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession occupancy and maintenance of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Leaseshall continue. The provisions of this (P) 27 Paragraph shall not be considered deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease herein or at lawlaw or in equity and applicable to unlawful retention of possession or otherwise.

Holdover. If (i) Tenant with shall have the right to holdover possession of the Premises after the expiration of this Lease on a month-to-month basis for a period of up to six (6) months provided that Tenant obtains the prior written consent of Landlord's , which consent may be withheld in Landlord’s sole and absolute discretion. During the first three (3) months of such a holdover period, Tenant shall pay all of Base Rent, Operating Cost Share Rent and Tax Share Rent at the rate in effect immediately prior to such holdover computed on a monthly basis for each full or partial month Tenant remains in possession. During the subsequent three (3) months of such holdover Tenant shall pay Base Rent at 150% of the rate in effect immediately prior to the commencement of such holdover computed on a monthly basis for each full or partial month Tenant remains in possession and shall continue to pay Operating Cost Share Rent and Tax Share Rent at the then-current rate. For any holdover by Tenant beyond the permitted six (6) month period, Tenant shall pay in addition to the other Rent, 200% of the Base Rent rate in effect immediately prior to the commencement of such holdover computed on a monthly basis for each full or partial month Tenant remains in all or part of the Premises plus all of Landlord’s direct and consequential damages (consequential damages may only be proven by the existence of a signed lease by a new tenant for the Premises whose lease was adversely impacted by Tenant’s holdover) resulting from Tenant’s holdover. (ii) Tenant shall also have the option, without being obligated to first obtain the written consent of Landlord, to holdover for a fixed period of six (6) months after the Expiration Date, as may have been extended, provided that Tenant provides notice to Landlord of such election no later than nine (9) months prior to the Expiration Date, as such date may have been extended. During such holdover period Tenant shall pay Base Rent at 150% of the rate in effect immediately prior to the commencement of such holdover computed on a monthly basis for each full or partial month Tenant remains in possession and shall continue to pay Operating Cost Share Rent and Tax Share Rent at the then-current rate. Following the initial permitted holdover period discussed herein, Landlord’s acceptance of Rent or other payments from Tenant under these holdover provisions shall not operate as a waiver of Landlord’s right, subsequent to the initial permitted holdover period, to regain possession or any other of Landlord’s remedies. For any holdover by Tenant beyond the permitted six (6) month period, Tenant shall pay, in addition to the other Rent, 200% of the Base Rent rate in effect immediately prior to the commencement of such holdover computed on a monthly basis for each full or partial month Tenant remains in possession of the Premises after expiration plus all of Landlord’s direct and consequential damages (consequential damages may only be proven by the Term or after the date in any notice given existence of a signed lease by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect new tenant for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%Premises whose lease was adversely impacted by Tenant’s holdover) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law’s holdover.

Holdover. (a) If Tenant with Landlord's consent remains or any Tenant Party shall remain in possession or occupancy of any portion of the Premises after expiration of the Term Premises, or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.otherwise hold over, such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereofTerm, without and if Landlord shall then not proceed to remove Tenant from the consent Premises in the manner permitted by law (or shall not have given written notice to Tenant that Tenant must vacate the Premises) irrespective of Landlord, whether or not Landlord accepts rent from Tenant shall become for a Tenant at sufferance only with a continuing obligation to pay Rent provided that period beyond the Base Rent shall be one hundred fifty percent (150%) last day of the Base Rent Term, the parties hereby agree that was in effect for Tenant’s occupancy of the last full calendar month immediately preceding Premises after the expiration of the Term shall be under a month to month tenancy commencing on the first day after the expiration of the Term, which tenancy shall be upon all of the terms set forth in this Lease except Tenant shall pay on the first day of each month of the hold over period as Base Rent at a rate equal to 150% of the greater of (i) the Base Rent applicable during the last year of the Term (i.e., the year immediately prior to the holdover period) for the first thirty Premises, and (30ii) days the fair market rental value of the Premises for such month (as reasonably determined by Landlord), together with Tax Payment, Expense Payment and all items of additional rent due under the Lease. Further, Landlord shall not be required to perform any work, furnish any materials or make any repairs within the Premises during the holdover period. It is further stipulated and agreed that if Landlord shall, at any time after the expiration of the original Term or after the expiration of any term created thereafter, proceed to remove Tenant from the Premises as a holdover, the rent for the use and occupancy of the Premises during any holdover period shall be 150% of the greater of (x) the rents (including Base Rent, Tax Payment, Expense Payment and all other items of Additional Rent) payable by Tenant during the last year of the Term, and (y) the fair market rental value of the Premises for such month (as reasonably determined by Landlord). In addition to the foregoing, Landlord shall be entitled to recover from Tenant all costs, expenses, losses and damages arising from such holdover, including all reasonable attorneys’ fees and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration disbursements and court costs incurred or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so paid by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.

Holdover. If Tenant with shall, without the written consent of Landlord's consent remains in possession of , hold over after the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.Term, such possession by Tenant shall be deemed a tenant at sufferance, which tenancy may be terminated as provided by applicable state law. During any holdover tenancy (whether or not consented to be a month by Landlord), unless Landlord has otherwise agreed in writing, Tenant agrees to month tenancy cancelable by either party on thirty pay to Landlord, an occupancy charge equal to, (30i) for the first sixty (60) days written notice given at any time by either party and all provisions of such holdover tenancy one hundred twenty five percent (125%) of the monthly Rent as was in effect under this Lease, except those pertaining to Lease for the last month of the Lease Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial monthii) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base monthly Rent that as was in effect under this Lease for the last full calendar month immediately preceding expiration of the Lease Term. If Tenant holds over Such payments shall be made within five (5) Business Days after the expiration or earlier termination of the Term hereof, without the consent receipt of Landlord’s written demand, and in no event less often than once per month (in advance). In the case of a holdover which has been consented to by Landlord, unless otherwise agreed to in writing by Landlord and Tenant, Tenant shall become a Tenant at sufferance only with a continuing obligation give to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first Landlord thirty (30) days prior written notice of such holdoverany intention to quit the Premises, and two hundred percent Tenant shall be entitled to thirty (200%30) days prior written notice to quit the Premises, except in the event of such non-payment of Base Rent thereafter during or Additional Rent in advance or the pendency existence of a Default that remains uncured beyond applicable notice and cure periods. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such holdovercircumstances, and Tenant shall surrender the Premises on the last day of the Lease Term as provided in Article 23 above. Acceptance If the Premises are not surrendered in accordance with the terms of this Lease and a hold-over tenancy by Landlord of Rent after Tenant continues beyond ninety (90) days following the expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect without Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord’s express written consent, Tenant shall indemnify Landlord and hold Landlord harmless from all loss Parties against any loss, damage or liability arising out of such failureincluding reasonable attorneys’ fees and costs, and including without limitationliability to succeeding tenants, any claim made by any succeeding tenant founded on or resulting from delay by Tenant in so surrendering the Premises, whether such failure to surrenderdamages are general, special, direct, indirect or consequential in nature. No provision of this (P) 27 This indemnification shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other survive termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.

Holdover. If Tenant with Landlord's consent remains in possession of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of this Lease with the Term hereof, without the express written consent of Landlord, Tenant’s occupancy shall be a month-to-month tenancy at a rent agreed upon by Landlord and Tenant shall become a Tenant at sufferance only with a continuing obligation provided, however, if Landlord consents to pay Rent provided that the Base Rent holdover in writing, but the consent does not confirm in writing the rent during the holdover, the rent during the holdover shall be one hundred fifty percent (150%) of the Base Monthly Rent that was in effect for and one hundred percent (100%) of the payments due under Paragraph 4.2 above during the last full calendar month immediately preceding prior to the date of the expiration of this Lease. Except as provided in the Term preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord’s acceptance of rent after such holding over with Landlord’s written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord’s consent, Tenant’s continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Base Monthly Rent and rent under Paragraph 4.2 of the Lease during the holdover period an amount equal to the greater of (i) one hundred fifty percent (150%) of the fair market rental (as reasonably determined by Landlord) for the first thirty Premises or (30ii) days of such holdover, and two hundred percent (200%) of such the Base Monthly Rent thereafter during and payments due under Paragraph 4.2 of the pendency Lease for the last full month prior to the date of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewaltermination. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify indemnify, defend and hold Landlord harmless from and against all loss Claims incurred by or liability asserted against Landlord and arising out directly or indirectly from Tenant’s failure to timely surrender the Premises, including but not limited to (i) any rent payable by or any loss, cost, or damages, including lost profits, claimed by any prospective tenant of the Premises or any portion thereof, and (ii) Landlord’s damages as a result of such failure, including without limitation, prospective tenant rescinding or refusing to enter into the prospective lease of the Premises or any claim made portion thereof by any succeeding tenant founded on or resulting from reason of such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves timely surrender the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawPremises.

Holdover. If the Tenant with Landlord's consent remains in or any person claiming through the Tenant shall retain possession of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term and if Landlord shall have consented to such continuation of possession, such possession shall be (unless the parties hereto shall otherwise have agreed in writing) deemed to be under a month-to-month tenancy which shall continue until either party shall notify the other in writing, at least 30 days prior to the end of any calendar month, that the party giving such notice elects to terminate such tenancy at the end of such calendar month, in which event such tenancy shall so terminate. Anything contained in the foregoing provisions of this paragraph to the contrary notwithstanding, the rental payable with respect to each such monthly period shall be 1/6 of the per annum Base Rent as adjusted in accordance with subparagraph 4(d) hereof and 1/9 of the Tax Adjustment Amount and of the Expense Adjustment Amount (both calculated in accordance with the provisions of Paragraph 4 hereof, without ) which would have been payable had this Lease been renewed until the end of the calendar year which includes such month on the terms and conditions in effect immediately prior to the expiration or termination of the Term; and such month-to-month tenancy with Landlord's consent of Landlord, shall be upon the same terms and subject to the same conditions as those which are set forth in this Lease except as aforesaid. If Tenant or any person claiming through Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) retain possession of the Base Rent that was in effect for Premises or any part thereof, after the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term term or of Tenant's right of possession, and if such retention shall not constitute a consent be without Landlord's consent, Tenant shall pay Landlord (a) for each month or portion thereof during which such possession continues, an amount equal to a holdover hereunder or result in a renewal. The the rental to be paid for each month pursuant to the foregoing provisions of this (P) 27 are in addition to and do not affect Paragraph when such possession is with Landlord's right consent, plus all other sums which would have been payable hereunder had the term continued during such retention of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so possession and (b) all other damages sustained by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss whether direct or liability arising out consequential, by reason of such failureretention of possession. During any such retention of possession without Landlord's consent, including without limitationall of Tenant's obligations with respect to the use, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession occupancy and maintenance of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Leaseshall continue. The provisions of this (P) 27 Paragraph shall not be considered deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease herein or at lawlaw or in equity and applicable to unlawful retention of possession or otherwise.

Holdover. If 28.1 Except as provided in Section 28.2, below, if Tenant with shall, without the written consent of Landlord's consent remains in possession of , hold over after the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.Term, such possession by Tenant shall be deemed a tenant at sufferance, which tenancy may be terminated as provided by applicable state law. Except as provided in Section 28.2, below, during any holdover tenancy (whether or not consented to be by Landlord), unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord, a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount per diem occupancy charge equal to one hundred fifty percent (150%) of the Base per diem Rent that (and one hundred ten percent [110%] of the additional rent) as was in effect under this Lease for the last full calendar month immediately preceding expiration of the Lease Term. If Tenant holds over Such payments shall be made within five (5) days after Landlord's demand, and in no event less often than once per month (in arrears). In the expiration or earlier termination case of the Term hereofa holdover which has been consented to by Landlord, without the consent of Landlordunless otherwise agreed to in writing by Landlord and Tenant, Tenant shall become a Tenant at sufferance only with a continuing obligation give to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first Landlord thirty (30) days prior written notice of such holdoverany intention to quit the Premises, and two hundred percent Tenant shall be entitled to thirty (200%30) days prior written notice to quit the Premises, except in the event of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord non-payment of Rent after or additional rent in advance or the breach of any other covenant or the existence of a Default. Upon expiration or earlier termination of the Lease Term as provided herein, Tenant shall not constitute a consent be entitled to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to shall surrender the Premises upon on the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession last day of the Premises to Landlord Lease Term as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawSection 26, above.

Holdover. 28.1 If Tenant with shall, without the written consent of Landlord's consent remains in possession of , hold over after the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.Term, such possession by Tenant shall be deemed a tenant at sufferance, which tenancy may be terminated as provided by applicable state law. During any holdover tenancy (whether or not consented to by Landlord), unless Landlord has otherwise agreed in writing, and in addition to any other legal or equitable claims or remedies then available to Landlord, Tenant agrees to pay to Landlord a charge equal to 150% of such monthly Rent for the first three (3) months of such holdover, and an amount equal to 200% of such monthly Rent for each full month after the third (3rd) full month of such holdover, plus in both cases, one hundred percent (100%) of the additional rent which would have been payable by Tenant for the entire period of such holdover. Such payments shall be made within ten (10) days after Landlord's demand, and in no event less often than once per month (in arrears). In the case of a month holdover which has been consented to month tenancy cancelable by either party on Landlord, unless otherwise agreed to in writing by Landlord and Tenant, Tenant shall give to Landlord thirty (30) days prior written notice given at of any time by either party and all provisions of this Leaseintention to quit the Premises, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal be entitled to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days prior written notice to quit the Premises, except in the event of non-payment of Rent or additional rent in advance or the breach of any other covenant or the existence of a default. Upon expiration of the Lease Term as provided herein, Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived under such holdovercircumstances, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term Tenant shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon on the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession last day of the Premises to Landlord Lease Term as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawSection 26, above.

Holdover. If Section 15 of the Lease is hereby deleted and replaced by the following language: Tenant with Landlord's consent remains in shall have no right to holdover possession of the Premises after the expiration or termination of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.without Landlord's prior written consent, such possession by Tenant shall which consent may be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party withheld in Landlord's sole and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Termabsolute discretion. If Tenant holds over retains possession of any part of the Premises after the expiration or earlier termination of the Term hereof, without the consent of LandlordTerm, Tenant shall become a month-to-month tenant for the entire Premises upon all of the terms of this Lease as might be applicable to such month-to-month tenancy, except that Tenant shall pay Rent during months one and two at sufferance only 125% the rate in effect immediately prior to such holdover, 150% during months three through five, and 200% thereafter. Notwithstanding anything to the contrary contained herein, in the event Landlord delivers notice ("Holdover Notice") to Tenant that it has executed a lease with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) tenant for any portion of the Base Premises, and Tenant is not able to fully vacate such area and the commencement date of such lease is delayed due to Tenant's holdover, Tenant shall pay beginning with the first full month following such notice an entire month of Rent that was during the first full month or any portion thereof following the date of the Holdover Notice at 150% the rate in effect for during the month prior to the Termination Date. In the event Tenant retains possession of any or part of the Premises after the first full month following the date of the Holdover Notice the Tenant shall pay five (5) months of Rent at 200% the rate in effect during the last full calendar month immediately preceding expiration of the Term of the Lease. In the event Tenant retains possession of any or part of the Premises beyond six (6) months after the Termination Date, Tenant shall pay an entire month of Rent for each full or partial calendar month at 150% the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter rate in effect during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination last month of the Term of the Lease. No acceptance of Rent or other payments by Landlord under these holdover provisions shall not constitute operate as a consent to a holdover hereunder or result in a renewal. The foregoing provisions waiver of this (P) 27 are in addition to and do not affect Landlord's right of re-entry to regain possession or any rights other of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law's remedies.

Holdover. If Tenant with Landlord's consent remains (or anyone claiming through Tenant) shall remain in possession occupancy of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereofTerm, then, without limiting Landlord’s other rights and remedies, the consent of Landlordperson remaining in possession shall be deemed a tenant at sufferance, and Tenant shall become thereafter pay to Landlord monthly rent (pro-rated for such portion of any partial month as Tenant shall remain in possession) at a Tenant at sufferance only with a continuing obligation rate equal to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect 125% for the last full calendar month immediately preceding expiration of the Term for up to the first thirty (30) days of such holdover (and 150% for any holdover period thereafter) of the greater of (a) the Base Rent applicable to the Premises during the last monthly period immediately preceding such expiration or termination or (b) the fair market rent for the Premises (on a so-called “triple net” basis), in each case with all Additional Rent also payable as provided in this Lease. The foregoing provisions shall not serve as permission for Tenant or anyone claiming by, through, or under Tenant to holdover, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates the Premises), and two hundred percent (200%) of such Base Rent thereafter during Landlord shall have the pendency of such holdover. Acceptance by Landlord of Rent right at any time after the expiration or earlier termination of the Term shall not constitute a consent this Lease to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to enter and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender possess the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from remove all loss property and persons therefrom or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. 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 earlier termination of the Term. If, within sixty (60) days after the expiration or earlier termination of this Lease, Tenant fails to vacate and surrender the Premises as required under this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability directly and proximately arising from such failure, including, without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. If so requested by Tenant by written notice given to Landlord within twelve (12) months prior to the last day of the Term (as it may have been extended), Landlord shall advise Tenant whether all or part of the Premises has been leased with respect to the period following such expiration date. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of this Lease shall operate or be construed as an extension or renewal of this Lease. The provisions of this (P) 27 Section 14.8 shall not be considered to limit survive the termination or constitute a waiver earlier expiration of any other rights or remedies of Landlord provided in this Lease or at lawLease.

Holdover. If Tenant with Landlord's consent remains in possession of the Premises after expiration of the Term or after the date in any notice given by To pay to Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such the monthly Base Rent thereafter during Rent, plus the pendency of such holdover. Acceptance by Landlord of Rent after expiration actual additional rent then applicable, for each month or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result pro-rated portion thereof in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, which Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender retain possession of the Premises to Landlord as provided in this Lease upon or any part thereof after the expiration or other termination of this Lease, whether by lapse of time or otherwise, and also to pay all out of pocket damages directly and proximately sustained by Landlord on account thereof (such as eviction costs, architectural and engineering costs and reasonable legal fees, but excluding lost profits, loss of business, special, incidental, or consequential damages). Notwithstanding the foregoing, Landlord agrees that: (i) during the first sixty (60) days of any such holdover, only one hundred twenty five percent (125%) of the monthly Base Rent last due, plus the actual additional rent then applicable, shall be due and payable; (ii) after the first sixty (60) days but before ninety (90) days of any such holdover, only one hundred seventy-five percent (175%) of the monthly Base Rent, plus the actual additional rent shall be due and payable; and (iii) if after ninety (90) days of any holdover following the expiration date of the Term, Tenant appeals Landlord’s summary process proceedings to evict Tenant from the Premises, then such holdover rent shall increase to three hundred percent (300%) of the monthly Base Rent, plus the actual additional rent then applicable, shall be due and payable; provided however, the increase in holdover rent set forth in subsection (iii) shall not apply during any period that Tenant is appealing, in good faith, the summary process proceedings brought by Landlord following an earlier termination of this Lease by Landlord then disputed by Tenant. The provisions of this (P) 27 Section 6.1.16 shall not be considered to limit waive or constitute a waiver diminish any of any other Landlord’s rights or remedies under Article 9 of Landlord provided in this Lease or at lawLease.

Holdover. If Tenant with Landlord's consent remains in shall hold possession of the Demised Premises after the expiration of the Term or after the date in any notice given by Landlord to Tenant terminating term of this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions the prior termination of this Lease, and the Lease is not renewed or a new Lease is not entered into between the parties, the parties hereby agree that Tenant's occupancy of the Demised Premises after the expiration of the term or prior termination of this Lease shall be under a month-to-month tenancy commencing on the first day after the expiration of the term or prior termination of this Lease and continuing until such tenancy shall be terminated by Owner or Tenant and such possession shall cease, which tenancy shall be upon all of the terms set forth in this Lease except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for the first day of each month or part thereof (without reduction for any partial month) that Tenant remains in possessionof the holdover as basic monthly rent, in an amount equal to one hundred fifty percent the higher of (150%a) an amount equal to three times the sum of (1) the monthly installment of basic annual rent payable by Tenant during the last year of the Base Rent original term of this Lease (i.e., the year immediately prior to the holdover period) and (2) all monthly installments of additional rent payable by Tenant pursuant to the term of this Lease that was in effect would have been billable monthly by Owner had the term of the Lease not expired; or (b) an amount equal to the then market rental value for the last full calendar month immediately preceding Demised Premises as shall be established by Owner giving notice to Tenant of Owner's good faith estimate of such market rental value. Tenant shall occupy the Demised Premises during the holdover period in its "as is" condition as of the expiration of the Term. If Tenant holds over after the expiration term or earlier prior termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand and Owner shall not be required to do so by Landlordperform any work, Tenant shall indemnify and hold Landlord harmless from all loss furnish any materials or liability arising out of such failure, including without limitation, make any claim made by any succeeding tenant founded on or resulting from such failure to surrenderrepairs within the Demised Promises during the holdover period. No provision of Nothing contained in this (P) 27 Lease shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.a

Holdover. If Tenant with Landlord's consent remains in acknowledges that possession of the Demised Premises after expiration of the Term or after the date in any notice given by must be surrendered to Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier sooner termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions term of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by lawlease. If Tenant fails to surrender the Demised Premises upon within thirty (30) days of the expiration or sooner termination of the term of this Lease despite demand to do so by Landlordlease, Tenant agrees it shall indemnify and hold save Landlord harmless from against all loss or liability arising out of such failureliabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorneys’ fees, incurred by Landlord resulting from delay by Tenant in so surrendering the Demised Premises, including, without limitation, penalties under any claim lease with a succeeding tenant and any claims made by any succeeding tenant founded on or such delay. The parties recognize and agree that the damage to Landlord resulting from such any failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Demised Premises on a timely basis as aforesaid will be extremely substantial, will exceed the amount of fixed rent and additional rent theretofore payable hereunder and will be impossible of accurate measurement. Tenant, therefore, agrees that if possession of the Demised Premises is not surrendered to Landlord on the date of expiration or sooner termination of the term of this lease, then Tenant agrees to pay to Landlord as liquidated damages for each month and for any portion of a month during which Tenant holds over in the Demised Premises after expiration or termination of the term of this lease, a sum equal to 150% of the average fixed rent and additional rent which was payable per month under this lease during the last 3 months of the term hereof for the first month and 200% of the average fixed rent and additional rent which was payable per month under this lease during the last 3 months of the term hereof for each month and for any portion of a month thereafter. Such liquidated damages shall not limit Tenant’s indemnification obligation with respect to claims made by any succeeding tenant founded upon Tenant’s failure or refusal to surrender the Premises to Landlord as provided in this Lease upon at the expiration or other sooner termination of this Lease. The provisions the term of this (P) 27 lease. Nothing contained herein shall not be considered deemed to limit authorize Tenant to remain in occupancy of the Demised Premises after the expiration or constitute a waiver termination of any other rights or remedies the term of Landlord provided in this Lease or at lawlease.

Holdover. If Tenant with Landlord's consent remains in possession of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.Lease, such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- per-month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, 25 in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 P.27. are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 P.27. shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 P.27. shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.

Holdover. If Tenant with Landlord's ’s consent remains in possession of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17¶17. or (P) 18¶18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- per-month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 ¶27 are in addition to and do not affect Landlord's ’s right of re-entry reentry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 ¶27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Leaselease. The provisions of this (P) 27 ¶27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.of

Holdover. If Tenant with Landlord's ’s consent remains in possession of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.Lease, such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- per month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty thirty-five percent (150135%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. In any such case of Holdover without the consent of Landlord, the monthly Base Rent shall be computed on a per-month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 ¶27 are in addition to and do not affect Landlord's ’s right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 ¶27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 ¶27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.

Holdover. If Tenant with Landlord's consent remains in retains possession of the Premises or any part thereof after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at after the termination of the Term or any extension thereof, by lapse of time by either party or otherwise, Tenant shall become a tenant from month-to-month only upon each and all provisions of the terms herein provided as may be applicable to such month-to-month tenancy and any such holding over shall not constitute an extension of this Lease; provided, except those pertaining to Termhowever, renewal options and that during such holding over, Tenant shall pay Base Rent, shall apply Operating Cost Share Rent and Tenant shall thereafter pay monthly Base Tax Share Rent at double the rate payable for the fiscal year, or portion thereof, immediately preceding said holding over, computed on a per- month basismonthly basis for the time Tenant thus remains in possession .and, in addition, Tenant shall pay Landlord all damages, consequential as well as direct, sustained by reason of Tenant's holding over. Alternatively, at the election of Landlord expressed in a written notice to Tenant and not otherwise, such retention of possession shall constitute a renewal of this Lease for each month or part thereof one (without reduction for any partial month1) year; provided, however, that Tenant remains in possession, shall pay Base Rent in an amount equal to one hundred fifty percent (the greater of 150%) % of the Base Rent that was in effect rate payable for the last full calendar month immediately preceding expiration fiscal year, or portion thereof or 150% of the Term. If then current market rate as determined by Landlord, and Tenant holds over after the expiration or earlier termination of the Term hereofshall continue to make all other payments required under this Lease, including, without limitation, operating Cost Share Rent and Tax Share Rent. Neither the consent acceptance of Landlordrent by the Landlord after termination, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that nor the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this section: (Pi) 27 are in addition to and do not affect shall be construed as, or operate as, a renewal or as a waiver of Landlord's right of re-entry or any rights of Landlord hereunder right to regain possession by actions at law or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss in equity or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on other right or resulting from such failure to surrender. No provision of this remedy hereunder, or (Pii) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration as, or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute operate as, a waiver of any other rights right or remedies remedy of Landlord provided in this Lease or at lawLandlord.

Holdover. If Tenant with Landlord's consent remains in possession of acknowledges that if Tenant fails to surrender the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given portion thereof at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term, then the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, may exceed the Base Rent and additional rent that would have been payable had the Term hereofcontinued during such holdover period. Therefore, without if Tenant (or anyone claiming through Tenant) does not immediately surrender the consent Premises or any portion thereof upon the expiration or earlier termination of Landlordthe Term, then, unless Landlord and Tenant have executed an amendment to this Lease specifically agreeing to such continued possession, Tenant shall become a automatically forfeit all rights to any security deposit then being held by Landlord pursuant to this Lease and the rent payable by Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent hereunder shall be increased to be: (i) one hundred fifty twenty five percent (150125%) of the sum of Base Rent plus the additional rent and other sums that was in effect for would have been payable pursuant to the last full calendar month immediately preceding expiration provisions of this Lease if the Term for had continued during such holdover period during the first thirty (30) days of any such holdover, ; plus (ii) one hundred sixty percent (160%) of the sum of Base Rent plus the additional rent and other sums that would have been payable pursuant to the provisions of this Lease if the Term had continued during such holdover period during the second thirty (30) days of any such holdover; plus (iii) two hundred percent (200%) of such the sum of Base Rent thereafter plus the additional rent and other sums that would have been payable pursuant to the provisions of this Lease if the Term had continued during such holdover period during the pendency third thirty (30) days of any such holdover. Acceptance Such rent shall be computed by Landlord and paid by Tenant on a monthly basis and shall be payable on the first day of Rent after expiration or earlier termination such holdover period and the first day of each calendar month thereafter during such holdover period until the Term Premises have been vacated. Notwithstanding any other provision of this Lease, Landlord's acceptance of such rent shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not any manner adversely affect Landlord's other rights and remedies, including, but not limited to, Landlord's right to evict Tenant. Any such holdover shall be deemed to be a 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 re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by LandlordTerm, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 nothing contained herein shall be construed as implied to constitute Landlord's consent by Landlord to any holding over by Tenant. Landlord expressly reserves the holdover or to give Tenant any right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawwith respect thereto.

Holdover. If Tenant with Landlord's consent remains in or any person claiming through Tenant shall retain possession of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereofand if Landlord shall consent to such continuation of possession, without such possession shall be (unless the consent parties hereto shall otherwise have agreed in writing) deemed to be under a month-to-month tenancy which shall continue until either party shall notify the other in writing, at least 30 days prior to the end of Landlordany calendar month, that the party giving such notice elects to terminate such tenancy at the end of such calendar month, in which event such tenancy shall so terminate. Anything contained in the foregoing provisions of this paragraph to the contrary notwithstanding, with respect to each such monthly period and in addition to other rent and charges due under this Lease, Tenant shall become a Tenant at sufferance only with a continuing obligation pay rent equal to pay Rent provided that 1/9 of the per annum Base Rent and 1/9 of the Tax Adjustment Amount, the Expense Adjustment Amount, and Additional Services Charge (calculated in accordance with the provisions of Paragraph 4 hereof) which would have been payable had this Lease been renewed until the end of the calendar year which includes such month on the terms and conditions in effect immediately prior to the expiration or termination of the Term; and such month-to-month tenancy with Landlord's consent shall be one hundred fifty percent (150%) upon the same terms and subject to the same conditions as those which are set forth in this Lease except as aforesaid. If Tenant or any person claiming through Tenant shall retain possession of the Base Rent that was in effect for Premises or any part thereof, after the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term term or of Tenant's right of possession, and if such retention shall not constitute a consent be without Landlord's consent, Tenant shall pay Landlord (a) for each month or portion thereof during which such possession continues, an amount equal to a holdover hereunder or result in a renewal. The the rental to be paid for each month pursuant to the foregoing provisions of this (P) 27 are in addition to and do not affect Paragraph when such possession is with Landlord's right consent, plus all other sums which would have been payable hereunder had the term continued during such retention of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so possession and (b) all other damages sustained by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss whether direct or liability arising out consequential, by reason of such failureretention of possession. During any such retention of possession without Landlord's consent, including without limitationall of Tenant's obligations with respect to the use, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession occupancy and maintenance of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Leaseshall continue. The provisions of this (P) 27 Paragraph 16 shall not be considered deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease herein or at lawlaw or in equity and applicable to unlawful retention of possession or otherwise.

Holdover. If Tenant with Landlord's consent remains in possession is not authorized to hold over beyond the expiration or earlier termination of the Premises Lease Term. In the event of any holding over by Tenant without consent by Landlord, after the expiration of the Term or after Lease Term, (a) for the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on first thirty (30) days written notice given at any time by either party and all provisions of this Leasesuch holdover period, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay be liable for monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount rent equal to one hundred fifty percent (150%) of the Base Rent that was and one hundred percent (100%) of Additional Rent in effect for immediately prior to the last full calendar month immediately preceding expiration of the Lease Term. If Tenant holds over , and (b) from and after the expiration or earlier termination thirty-first (31st) day of the Term hereof, without the consent of Landlordsuch holdover, Tenant shall become a Tenant at sufferance only with a continuing obligation be liable for monthly rent equal to pay Rent provided that the Base Rent shall be one hundred fifty seventy-five percent (150175%) of the Base Rent that was and one hundred percent (100%) of Additional Rent in effect for immediately prior to the last full calendar month immediately preceding expiration of the Term Lease Term. In addition, with respect to any holdover that exceeds forty-five (45) days, Tenant shall be liable for the first thirty (30) days of such holdoverany damages, and two hundred percent (200%) of such Base Rent thereafter during the pendency consequential or otherwise, suffered by Landlord as a result of such holdover. Acceptance by Notwithstanding the payment of any increased amounts under this paragraph 3.6, Landlord of Rent after expiration reserves all rights and remedies at law or earlier termination of the Term shall not constitute a consent in equity with respect to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failureholdover, including without limitationbut not limited to institute a suit for eviction. Except as set forth in this paragraph 3.6, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 holding over shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves on the right to require Tenant to surrender possession of the Premises to Landlord as provided terms and conditions set forth in this Lease upon expiration or other termination of as far as applicable. Any monthly amounts owed under this Lease. The provisions of this (P) 27 paragraph 3.6 shall not be considered to limit or constitute a waiver prorated but shall be deemed fully earned by Landlord as of the first day of any other month. Any payments under this paragraph 3.6 shall be made within fifteen (15) days of Landlord’s demand therefor, and in no event less than once per month. Tenant hereby waives any and all rights to any notices to quit or remedies of Landlord provided in this Lease or at lawsimilar notices.

Holdover. If Tenant with Landlord's consent Lessee remains in possession of all or any part of the Premises after expiration of the Term or with Lessor's prior written consent after the date in any notice given by Landlord to Tenant terminating expiration or termination of this Lease pursuant or of Lessee's right to (P) 17. or (P) 18.possession, such possession by Tenant shall be deemed to be will constitute a month to month-to-month tenancy cancelable which may be terminated by either party on Lessor or Lessee upon thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, will not constitute a renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) extension of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Lease Term. If Tenant holds over Lessee remains in possession after the such expiration or earlier termination without Lessor's prior written permission, such possession will constitute a tenancy-at-will terminable upon forty-eight (48) hours' notice by Lessor and will not constitute a month-to-month tenancy nor a renewal or extension of the Term hereofLease Term. In the event of a month-to-month tenancy or tenancy-at-will under this Paragraph, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Lessee's Base Rent shall will be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such the Base Rent thereafter payable during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination last month of the Term shall not constitute a consent to a holdover hereunder or result Lease Term, any other sums due under this Lease will be payable in a renewal. The foregoing provisions of the amounts and at the times specified in this (P) 27 are in addition to Lease, and do not affect Landlord's right of re-entry or any all options, rights of Landlord hereunder or as otherwise provided by lawrefusal, expansions and/or renewals shall be null and void. If Tenant fails Any tenancy under this Paragraph will be subject to surrender the Premises upon the expiration of every other term, condition and covenant contained in this Lease despite demand Lease. Lessee agrees to do so by Landlorddefend, Tenant shall indemnify and hold Landlord Lessor harmless from all loss any claim or liability cause of action arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such related to the failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant Lessee to surrender possession of the Premises to Landlord as provided in this Lease Lessor upon the expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or upon any such termination. Notwithstanding the foregoing, Lessee shall have the option to holdover for a period of up to three (3) months following the expiration of the lease term at law115% of the last rent due under the terms of the lease. Lessee shall be required to provide Lessor one-hundred eighty (180) days notice prior to lease the lease expiration date.

Holdover. If Tenant with Landlord's consent remains (or anyone claiming through Tenant) shall remain in possession occupancy of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof(without a written agreement therefor executed and delivered by Landlord), then, without limiting Landlord’s other rights and remedies, the consent of Landlordperson remaining in possession shall be deemed a tenant at sufferance, and Tenant shall become thereafter pay to Landlord monthly rent (pro-rated for such portion of any partial month as Tenant shall remain in possession) at a Tenant at sufferance only with a continuing obligation rate equal to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect 125% for the last full calendar month immediately preceding expiration of the Term for up to the first thirty (30) days of such holdover (and 150% for any holdover period thereafter) of the greater of (a) the Base Rent applicable to the Premises during the last monthly period immediately preceding such expiration or termination or (b) the fair market rent for the Premises (on a so-called “triple net” basis), in each case with all Additional Rent also payable as provided in this Lease. The foregoing provisions shall not serve as permission for Tenant or anyone claiming by, through, or under Tenant to holdover, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates the Premises), and two hundred percent (200%) of such Base Rent thereafter during Landlord shall have the pendency of such holdover. Acceptance by Landlord of Rent right at any time after the expiration or earlier termination of the Term shall not constitute a consent this Lease to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to enter and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender possess the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from remove all loss property and persons therefrom or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. 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 earlier termination of the Term. If, within forty (45) days after the expiration or earlier termination of this Lease, Tenant fails to vacate and surrender the Premises as required under this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability arising from such failure, including, without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of this Lease shall operate or be construed as an extension or renewal of this Lease. The provisions of this (P) 27 Section 14.8 shall not be considered to limit survive the termination or constitute a waiver earlier expiration of any other rights or remedies of Landlord provided in this Lease or at lawLease.

Holdover. If Tenant with Landlord's ’s consent remains in possession of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.Lease, such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- per month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for Term. In any such case of Holdover without the first thirty (30) days consent of such holdoverLandlord, and two hundred percent (200%) of such the monthly Base Rent thereafter during the pendency of such holdovershall be computed on a per month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 ¶27 are in addition to and do not affect Landlord's ’s right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 ¶27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 ¶27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.

Holdover. If Tenant with Landlord's consent remains in possession of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.Lease, such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- per month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 P)27. are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 P)27. shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 P)27. shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.

Holdover. (a) If Tenant with Landlord's consent remains in or any person claiming through the Tenant shall retain possession of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term and if Landlord shall have consented to such continuation of possession, such possession shall be (unless the parties hereto shall otherwise have agreed in writing) deemed to be under a month-to-month tenancy which shall continue until either party shall notify the other in writing, at least 30 days prior to the end of any calendar month, that the party giving such notice elects to terminate such tenancy at the end of such calendar month, in which event such tenancy shall so terminate. Anything contained in the foregoing provisions of this paragraph to the contrary notwithstanding, the rental payable with respect to each such monthly period shall be 150% of the monthly Base Rent, Tax Adjustment Amount and Expense Adjustment Amount (both calculated in accordance with the provisions of Paragraph 4 hereof, without ) which would have been payable had this Lease been extended at its then-current rates; and such month-to-month tenancy with Landlord's consent shall be upon the consent of Landlord, same terms and subject to the same conditions as those which are set forth in this Lease except as aforesaid. If Tenant or any person claiming through Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) retain possession of the Base Rent that was in effect for Premises or any part thereof, after the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term term or of Tenant's right of possession, and if such retention shall not constitute a consent be without Landlord's consent, Tenant shall pay Landlord (a) for each month or portion thereof during which such possession continues, an amount equal to a holdover hereunder or result in a renewal. The the rental to be paid for each month pursuant to the foregoing provisions of this (P) 27 are in addition to and do not affect Paragraph when such possession is with Landlord's right consent, plus all other sums which would have been payable hereunder had the term continued during such retention of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so possession and (b) all other damages sustained by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out by reason of such failureretention of possession. During any such retention of possession without Landlord's consent, including without limitationall of Tenant's obligations with respect to the use, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession occupancy and maintenance of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Leaseshall continue. The provisions of this (P) 27 Paragraph shall not be considered deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease herein or at lawlaw or in equity and applicable to unlawful retention of possession or otherwise.

Holdover. If the County continues, with the knowledge and written consent of Landlord obtained at least thirty (30) days prior to the expiration of the Lease Term, to remain in the Leased Premises after the expiration of the Lease Term, and in that event, County shall, by virtue of this Lease become a tenant by the month at a Base Monthly Rent which is one hundred five percent (105%) of the Base Monthly Rent applicable to the last month of the Lease Term, and otherwise subject to the terms, covenants and conditions herein specified, commencing said monthly tenancy with the first day next after the end of the Lease Term. If Tenant with Landlord's consent remains in possession of the Leased Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Lease Term hereof, without the express written consent of Landlord, (a) Tenant shall become a Tenant tenant at sufferance only with a continuing obligation to pay Rent provided upon the terms of this Lease except that for the first 30 days of the holdover the Base Monthly Rent shall be one hundred fifty percent (150%) equal to 125% of the Base Monthly Rent that was in effect during the last 30 days of the Lease Term, for the last full calendar month immediately preceding expiration next 30 day period of the Term for holdover the first thirty (30) Base Monthly Rent shall be equal to 150% of the Base Monthly Rent in effect during the last 30 days of such holdoverthe Lease Term, and two hundred percent (thereafter the Base Monthly Rent shall be equal to 200%) % of such the Base Monthly Rent thereafter in effect during the pendency last 30 days of such holdoverthe Lease Term, and (b) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages if Landlord has advised Tenant in advance of any particular consequential damages that Landlord may incur or suffer as a result of Tenant’s holding over, including, without limitation, consequential damages that Landlord may incur or suffer by reason of Landlord’s inability to lease the Premises or deliver occupancy to a particular tenant. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 21 shall not be construed as consent for Tenant to retain possession of the Leased Premises. Acceptance by Landlord of Rent after the expiration of the Lease Term or earlier termination of the Term this Lease shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry renewal or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination reinstatement of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.

Holdover. If Tenant with Landlordfails to quit and vacate the Demised Premises at the expiration of the Initial Term (or at the expiration of the final duly exercised Renewal Term hereof, if any, as the case may be), Landlord will not require the Tenant's consent remains in immediate surrender of possession of the Demised Premises after at such expiration date, but rather agrees that such holding over of possession of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession Demised Premises by Tenant shall be deemed to create only a tenancy from month-to-month, beginning for same on the day immediately following the expiration of the then expired term hereof, such monthly hold-over tenancy to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party upon all of the terms, covenants and all provisions of conditions contained in this Lease, except those pertaining that either party by giving to Term, renewal options and Base Rent, shall apply and the other at least ninety (90) days prior written notice may terminate such monthly holdover tenancy (except that Tenant shall thereafter not be entitled to such notice of termination, and hereby waives same, in the event that Tenant is in an Event of Default under this Lease in any respect beyond any applicable grace periods). During such holdover period, Tenant shall pay monthly Base Rent computed on a per- month basisLandlord use and occupancy payments, for each month or part portion thereof (without reduction for any partial month) that Tenant remains holds over possession of the Demised Premises in possessionwhole or part, in an amount equal to one hundred fifty percent ONE HUNDRED FIFTY PERCENT (150%) of the Base Rent that was Basic Monthly Rental payable in effect for the last full calendar month immediately preceding expiration of the Termterm hereof, plus such additional items, amounts and sums as are required to be paid by Tenant pursuant to the terms of this Lease. Notwithstanding the foregoing provisions of this paragraph, if Landlord desires possession of the Demised Premises after the first ninety (90) days of the holdover period, then Landlord may so notify Tenant in writing at any time prior to accepting monthly holdover rent for periods of time after the first ninety (90) days of the holdover period, in which event Tenant covenants and agrees to surrender to Landlord possession of the Demised Premises free of subleases and occupants, and if Tenant fails to do so it shall be deemed an Event of Default under this Lease and Tenant shall be liable to Landlord for all reasonable, actual losses, costs, damages and expenses Landlord incurs from Tenant's failure to vacate the Demised Premises as prescribed above. If the provisions of the preceding sentence become applicable, Tenant shall pay Landlord use and occupancy payments for each month or portion thereof Tenant holds over after the expiration or earlier termination possession of the Term hereofDemised Premises in whole or part, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation in an amount equal to pay Rent provided that the Base Rent shall be one hundred fifty percent ONE HUNDRED FIFTY PERCENT (150%) of the Base Rent that was Basic Monthly Rental payable in effect for the last full calendar month immediately preceding of the term hereof (in addition to Landlord being entitled to exercise all available legal and equitable remedies). Landlord hereby notifies Tenant that Landlord desires and intends that Tenant remove from, quit and vacate the Demised Premises not later than ninety (90) days after the expiration of the Term for the first thirty (30) days term of such holdoverthis Lease, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand hereby agrees to do so by Landlord, Tenant shall indemnify and hold hereby irrevocably waives any and all rights to notice from Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord intent as provided in this Lease upon expiration Title 8, Section 8-402(b) of the Real Property Volume of the Annotated Code of Maryland, as amended, or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit under any similar statute now or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawhereafter enacted.

Holdover. If 34.01. (a) In the event this Lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant with Landlordshall then hold over after the expiration of the term of this Lease, and if Landlord shall then not proceed to remove Tenant from the Premises in the manner permitted by law (or shall not have given written notice to Tenant that Tenant must vacate the Premises) irrespective of whether or not Landlord accepts rent from Tenant for a period beyond the Expiration Date, the parties hereby agree that Tenant's consent remains in possession occupancy of the Premises after the expiration of the Term or term shall be under a month-to-month tenancy commencing on the first day after the date expiration of the term, which tenancy shall be upon all of the terms set forth in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by except Tenant shall be deemed to be a pay on the first day of each month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base the holdover period as Fixed Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent the higher of (150%i) an amount equal to the Holdover Percentage [as such term is defined in this Section 34.01(a)] of one-twelfth of the Base Fixed Rent that was in effect payable by Tenant during the last year of the term of this Lease (i.e., the year immediately prior to the holdover period) or (ii) an amount equal to the then market rental value for the last full calendar month immediately preceding expiration Premises as shall be established by Landlord giving notice to Tenant of Landlord's good faith estimate of such market rental value. Tenant may dispute such market rental value for the Premises as estimated by Landlord by giving notice to Landlord within but in no event after twenty (20) days after the giving of Landlord's notice to Tenant (as to the giving of which notice to Landlord, time shall be deemed of the Termessence). Enclosed with such notice, Tenant shall be required to furnish to Landlord the written opinion of a reputable New York licensed real estate broker having leasing experience in the Borough of Manhattan, for a period of not less than ten (10) years setting forth said broker's good faith opinion of the market rental value of the Premises. If Tenant holds over after and Landlord are unable to resolve any such dispute as to the expiration market rental value for the Premises then an independent arbitrator who shall be a real estate broker of similar qualifications and shall be selected from a listing of not less than three (3) brokers furnished by the American Arbitration Association (or earlier termination any successor thereto) to Tenant and Landlord (at the request of either Landlord or Tenant). If Landlord and Tenant are unable to agree upon the selection of the Term hereof, without individual arbitrator from such listing; then the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that first arbitrator so listed by the Base Rent American Arbitration Association (or any successor thereto) shall be one hundred fifty percent (150%) conclusively presumed to have been selected by both Landlord and Tenant and the decision of such arbitrator shall be conclusive and binding upon the parties as to the market rental value for the Premises. Pending the determination of the Base Rent that was in effect for the last full calendar month immediately preceding expiration market rental value of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of the term of this Lease despite demand to do so by LandlordLease, Tenant shall indemnify and hold pay to Landlord harmless from all loss as Fixed Rent an amount computed in accordance with clauses (i) or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision (ii) of this subsection 34.01(a) (P) 27 as Landlord shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves then elect), and upon determination of the right to require Tenant to surrender possession market rental value of the Premises in accordance with the preceding provisions hereof appropriate adjustments and payments shall be effected. If as a result of such adjustments Landlord is required to reimburse same to Tenant, Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or reimburse Tenant for same with interest at law.120

Holdover. If Tenant with Landlordor Tenant's consent remains successors or assigns, whoever is in possession of possession, fails to vacate the Premises after expiration of or any portion thereof on or before the Term Expiration Date or after the other termination date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Termsuch continued use and occupancy of the Premises or such portion thereof shall constitute a holdover under a month-to-month tenancy, renewal options and Base Rent, shall apply and in which event Tenant shall thereafter be obligated to pay monthly Base Rent computed Landlord in advance on a per- month basis, for the first day of each month with respect to all floors of the Premises which Tenant has not then completely vacated (1) for the first ninety (90) days after the Expiration Date or part thereof (without reduction for any partial month) that Tenant remains in possessionother termination date, in an amount a monthly fixed rental equal to one hundred fifty percent (150%) of the Base aggregate of the Fixed Rent that was in effect and the Additional Rent payable under Article 4 for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become term hereof and (2) thereafter a Tenant at sufferance only with a continuing obligation monthly fixed rental equal to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination aggregate of the Term shall not constitute a consent to a holdover hereunder or result in a renewalFixed Rent and the Additional Rent payable under Article 4 for the last month of the term hereof. The foregoing provisions of Tenant's liability under this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord Section 9.7 with respect to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession floor of the Premises to Landlord as provided in shall terminate upon Tenant's vacation of such floor, but this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 sentence shall not be considered deemed to limit or release Tenant from any such liability under this Section 9.7 with respect to such floor of the Premises accrued prior to such vacation. The liability provided for in this Section 9.7 shall constitute a waiver Landlord's sole remedy on account of any other rights or remedies of Landlord provided in this Lease or at law.holdover by Tenaxx,

Holdover. If Tenant with Landlord's consent remains in shall have no right to holdover possession of the Premises after the expiration or termination of this Lease without Landlord's prior written consent, which consent may be withheld in Landlord's sole and absolute discretion. If Tenant retains possession of any part of the Term or Premises after the date in any notice given by Landlord to end of the Term, Tenant terminating shall become a month-to-month tenant for the entire Premises upon all of the terms of this Lease pursuant as might be applicable to such month-to-month tenancy, except that (Pi) 17. or (P) 18.with respect to any holdover of any portion of the Premises during the initial 30 days after the end of the Term, such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and pay all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent and Operating Cost Share Rent at 115% of the rate in effect immediately prior to such holdover, computed on a per- month basis, monthly basis for each full or partial month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal (ii) with respect to one hundred fifty percent (150%) any holdover thereafter, Tenant shall pay all of Base Rent and Operating Cost Share Rent at 125% of the Base Rent that was rate in effect immediately prior to such holdover, computed on a monthly basis for each full or partial month Tenant remains in possession, and (iii) notwithstanding the last notice provision of O.C.G.A. Section 44-7-7, as the same may be now or hereafter amended, Tenant expressly agrees that any such tenancy may be terminated by ten (10) days prior written notice by Landlord to Tenant. If Tenant retains possession of any part of the Premises for more than 60 days after the end of the Term without Landlord express written consent given to Tenant at any time after the full calendar month immediately preceding expiration execution of this Lease, Tenant shall also pay Landlord all of Landlord's direct damages and consequential damages resulting from Tenant's holdover beyond the end of the Term (and not just Landlord's direct damages and consequential damages resulting from Tenant's holdover for more than 60 days after the end of the Term). If Tenant holds over after the expiration No acceptance of Rent or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance other payments by Landlord under these holdover provisions shall operate as a waiver of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry to regain possession or any rights other of Landlord hereunder or as otherwise provided by lawLandlord's remedies. If Tenant fails to surrender The inclusion of the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant foregoing provisions shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall not be construed as implied Landlord's consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require for Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawhold over.

Holdover. If The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant with Landlord's consent remains to timely peaceably and quietly leave, surrender and yield up unto Landlord the Premises in the Delivery Condition upon expiration of other earlier termination of this Lease will be substantial, will exceed the amount of the monthly installments of the Base Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises after expiration of the Term or after the date in any notice given by is not surrendered to Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after upon the expiration or earlier termination of the Term (as the same may be extended by Tenant pursuant to the provisions of Article 33 hereof), without the consent of Landlordthen, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall become (a) pay to Landlord for each month (and for each portion of any month) during which Tenant holds over in the Premises after the expiration of earlier termination of this Lease, a Tenant at sufferance only with a continuing obligation sum equal to pay Rent provided that (i) two (2) times the Base Rent paid during the initial Term for this Lease (as set forth in Article 2 hereof), plus (ii) all Impositions and other additional rent payable by Tenant pursuant to the terms of this Lease and (b) if such holdover shall be continue beyond the date which is one hundred fifty percent and eighty (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30180) days after the date of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier sooner termination of the Term shall not constitute (as the same may be extended by Tenant pursuant to the provisions of Article 33 hereof), be liable to Landlord for and indemnify Landlord against (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a consent “New Tenant”) pursuant to a holdover hereunder or lease executed and delivered between Landlord and such New Tenant (such lease, a “New Tenant Lease”) by reason of the late delivery of space to the New Tenant as a result of Tenant’s holding over in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon or in order to induce such New Tenant not to terminate its New Tenant Lease by reason of the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by TenantTenant in the Premises, (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its New Tenant Lease by reason of the holding over by Tenant in the Premises and (iii) any claim for damages by any New Tenant (provided, that the maximum liability of Tenant under the foregoing clause (b) shall not exceed ten million dollars ($10,000,000) under any circumstances). Landlord expressly reserves the right Nothing herein contained shall be deemed to require permit Tenant to surrender retain possession of the Premises to Landlord as provided in this Lease upon expiration after the Expiration Date or other earlier termination of this Lease. The acceptance by Landlord of any payments from Tenant after the expiration or earlier termination of this Lease shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding (such being an “agreement expressly providing otherwise” within the meaning of Section 232-c of the Real Property Law of the State of New York), nor shall any such acceptance be deemed anything other than on acceptance of payment on account of the amounts to be paid by Tenant in accordance with the provisions of this (P) 27 shall not be considered to limit Section. Tenant expressly waives, for itself and for any person claiming through or constitute a waiver under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any other rights successor law of like import then in force in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 34. Tenant’s liabilities and obligations under this Article 34 shall survive the Expiration Date or remedies sooner termination of Landlord provided in the term of this Lease or at lawLease.

Holdover. If Tenant with Landlord's consent remains in is not permitted to hold over possession of the Premises after the expiration or earlier termination of the Lease Term or after without the date express prior written consent of Landlord, which consent Landlord may withhold in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party its sole and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Termabsolute discretion. If Tenant holds over after the expiration or earlier termination of the Lease Term hereof, without the express written consent of Landlord, then, in addition to all other remedies available to Landlord at law or at equity or under this Lease, Tenant shall become a Tenant tenant at sufferance only with only, upon the terms and conditions set forth in this Lease so far as applicable. During such holdover period, Tenant shall pay to Landlord a continuing obligation to pay Rent provided that the monthly Base Rent shall be equivalent to (i) one hundred ten percent (110%) of Base Rent payable by Tenant to Landlord during the last month of the Lease Term for the first two (2) months of such holdover, and (ii) thereafter, one hundred fifty percent (150%) of the Base Rent that was in effect for payable by Tenant to Landlord during the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdoverLease Term. Acceptance by Landlord of Rent after such expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions an extension of this (P) 27 are in addition Lease. This Section 22.1 shall not be construed to and do not affect Landlord's create any express or implied right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon hold over beyond the expiration of this the Lease despite demand to do so by Landlord, Term or any extension thereof. Tenant shall indemnify be liable, and shall pay to Landlord for all actual losses incurred by Landlord as a result of such holdover, and shall, subject to at least thirty (30) days’ prior notice that Landlord requires the Premises for a third party, indemnify, defend and hold Landlord and the Landlord Indemnitees harmless from and against all loss liabilities, damages, losses, claims, suits, costs and expenses (including reasonable attorneys' fees and costs) arising from or liability arising out of relating to any such failureholdover tenancy, including without limitation, any claim for damages made by any a proposed succeeding tenant founded on or resulting from such failure to surrendertenant. No provision of this (P) 27 Tenant's indemnification obligation hereunder shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves survive the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other earlier termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.

Holdover. If Tenant with shall, without the written consent of Landlord's consent remains in possession of , hold over after the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.Term, such possession by Tenant shall be deemed a tenant at sufferance, which tenancy may be terminated as provided by applicable state law. During any holdover tenancy (whether or not consented to be a by Landlord), Tenant agrees to pay to Landlord, an occupancy charge equal to, (a) for the first (1st) month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Leasesuch holdover, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that and Additional Rent as was in effect under the Lease for the last full calendar month immediately preceding expiration of the Lease Term. If Tenant holds over after , and (b) commencing on the expiration or earlier termination first day of the Term hereof, without the consent second (2nd) month of Landlord, Tenant shall become a Tenant at sufferance only with a such holdover period and continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days duration of such holdover, and two hundred percent (200%) of such the Base Rent thereafter during and Additional Rent as was in effect under this Lease for the pendency last month of such holdoverthe Lease Term. Acceptance Such payments shall be made within five (5) days after Landlord’s demand, and in no event less often than once per month (in advance). In the case of a holdover which has been consented to by Landlord, unless otherwise agreed to in writing by Landlord and Tenant, Tenant shall give to Landlord thirty (30) days prior written notice of any intention to quit the Premises, and Tenant shall be entitled to thirty (30) days prior written notice to quit the Premises, except in the event of non-payment of Base Rent after or Additional Rent in advance or the breach of any other covenant or the existence of a Default. Upon expiration or earlier termination of the Lease Term as provided herein, Tenant shall not constitute a consent be entitled to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to shall surrender the Premises upon on the expiration last day of the Lease Term as provided in Section 26, above. If the Premises are not surrendered in accordance with the terms of this Lease despite demand to do so by LandlordLease, Tenant shall indemnify Landlord and hold Landlord harmless from all its agents, employees, independent contractors, officers, directors, partners, and shareholders against any loss or liability arising out of such failureincluding reasonable attorneys’ fees and costs, and including without limitationliability to succeeding tenants, any claim made by any succeeding tenant founded on or resulting from such failure to surrenderdelay by Tenant in so surrendering the Premises. No provision of this (P) 27 This indemnification shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other survive termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.

Holdover. If Tenant with Landlord's consent remains in fails to quit and vacate the Demised Premises at the expiration of the Initial Term (or at the expiration of the final duly exercised Renewal Term hereof, if any, as the case may be), and if Landlord accepts payment of rental from Tenant thereafter and thus indicates that Landlord does not require the Tenant’s immediate surrender of possession of the Demised Premises after at such expiration date, then in such event any such holding over of possession of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession Demised Premises by Tenant shall be deemed to create only a tenancy from month-to-month, beginning for same on the day immediately following the expiration of the then expired term hereof, such monthly holdover tenancy to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party upon all of the terms, covenants and all provisions of conditions contained in this Lease, except those pertaining that either party by giving to Termthe other at least ninety (90) days prior written notice may terminate such monthly holdover tenancy (except that Tenant shall not be entitled to such notice of termination, renewal options and Base Renthereby waives same, in the event that Tenant is in an Event of Default under this Lease in any respect beyond any applicable grace periods). Notwithstanding the foregoing provisions of this paragraph, if Landlord desires possession of the Demised Premises at the end of me Term hereof, then Landlord may so notify Tenant at any time prior to accepting monthly holdover rent, in which event Tenant covenants and agrees to surrender to Landlord possession of the Demised Premises at the end of the term hereof free of subleases and occupants, and if Tenant fails to do so it shall apply be deemed an Event of Default under this Lease and Tenant shall thereafter be liable to Landlord for all reasonable, actual losses, costs, damages and expenses Landlord incurs from Tenant’s failure to vacate the Demised Premises as prescribed above. If the provisions of the preceding sentence become applicable, Tenant shall pay monthly Base Rent computed on a per- month basis, Landlord use and occupancy payments for each month or part portion thereof (without reduction for any partial month) that Tenant remains wrongfully holds over possession of the Demised Premises in possessionwhole or part, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was Basic Monthly Rental payable in effect for the last full calendar month immediately preceding of the term hereof (in addition to Landlord being entitled to exercise all available legal and equitable remedies). Landlord hereby notifies Tenant that Landlord desires and intends that Tenant remove from, quit and vacate the Demised Premises at the expiration of the Term. If term of this Lease, and Tenant holds over after the expiration or earlier termination hereby agrees to do so and hereby irrevocably waives any and all rights to notice from Landlord of the Term hereofsuch intent as provided in Title 8, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%Section 8-402(b) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration Real Property Volume of the Term for the first thirty (30) days Annotated Code of such holdoverMaryland, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration as amended, or earlier termination of the Term shall not constitute a consent to a holdover hereunder under any similar statute now or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawhereafter enacted.

Holdover. Upon the expiration or termination of this Lease, Landlord shall have the right to immediately re-enter and take possession of the Leased Premises. If Landlord does not take possession of the Leased Premises and if Tenant with Landlord's consent remains shall remain in possession of the Leased Premises after the expiration or earlier termination of this Lease without the Term execution of a new lease or an amendment to this Lease or other written agreement by and between Landlord and Tenant extending the Term, Tenant shall become a tenant-at-sufferance. For a period of sixty (60) days after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. termination or (P) 18.expiration, such possession by as the case may be, Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given pay daily rent at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base per day Rent that was (as defined in effect for Section 4.02) as of the last full calendar month immediately preceding expiration day of the TermTerm or day that the Lease is terminated. During the sixty (60) day period, Tenant shall be subject to all of the terms, conditions, provisions and obligations of this Lease, and the tenancy may be terminated by Landlord or Tenant at any time on seven (7) days’ prior notice. After the sixty (60) day period the Lease shall be terminable on one (1) day’s notice, and Tenant shall pay daily rent at double the per day Rent as of the last day of the Term or the day that the Lease is terminated, and shall be subject to all of the obligations of Tenant under this Lease. If Tenant holds over after past the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by LandlordLease, Tenant shall indemnify Landlord (i) against all claims for damages by any other tenant to whom Landlord may have leased all or any part of the Leased Premises effective upon the termination or expiration of this Lease, and hold Landlord harmless from (ii) for all loss other losses, costs and expenses, including consequential damages and reasonable attorneys’ fees, sustained or liability arising out incurred by reason of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrenderholding over. No provision of this (P) 27 Nothing contained herein shall be construed as implied a consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided The rights and obligations contained in this Lease upon Section shall survive the expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.

Holdover. If Tenant with Landlord's consent remains in possession of all or any part of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.Term, such possession by Tenant tenancy shall be deemed from month-to-month only, and not a renewal hereof or an extension for any further term, and in such event, Base Rent due hereunder shall be payable in an amount equal to be a 150% of the monthly installment of Base Rent paid during the last month of the Term of this Lease. Either party may terminate the tenancy referred to month tenancy cancelable by either in this Section 3.3 upon providing the other party on thirty (30) days advance written notice given at any time by either party and all provisions of such party’s intent to terminate this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in In addition to and do not affect Landlord's right of re-entry or any rights of other liabilities to Landlord hereunder or as otherwise provided by law. If accruing therefrom, if Tenant fails to surrender vacate the Premises upon within fifteen (15) days after Landlord notifies Tenant that Landlord has entered into a lease for the expiration of this Lease despite demand Premises or has received a bona fide offer to do so by Landlordlease the Premises, then Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or loss, damages (direct, indirect and consequential), costs (including reasonable attorneys’ fees) and liability arising out of resulting from such failure, including without limitation, any claim claims made by any succeeding tenant founded on or resulting from upon such failure to surrender, and any lost profits to Landlord resulting therefrom. No provision extension or renewal of this (P) 27 Lease shall be construed as implied consent deemed to have occurred by Landlord to any holding over by Tenantover. Notwithstanding the foregoing, in the event that Tenant provides Landlord expressly reserves with six (6) months prior written notice, Tenant shall have the right to require Tenant to surrender possession holdover beyond the expiration of the Premises Term for a period of up to Landlord as provided six (6) months without being in this Lease upon default (the “Notice Holdover Right”). In the event that Tenant exercises the Notice Holdover Right, Tenant shall pay Base Rent during the holdover term at the amount of the Base Rent payable on the last day of the Term and for the second three (3) months shall pay Base Rent at the rate of 125% of the Base Rent payable at the expiration or other termination of this Leasethe Term. The Any holdover beyond the Notice Holdover Right period shall be subject to the provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawSection 3.3.

Holdover. If Tenant with Landlord's consent remains in vacant and exclusive possession of the Premises after expiration is not surrendered to Landlord on the Expiration Date, then Tenant shall pay to Landlord on account of use and occupancy of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basisPremises, for each month (or part thereof any portion thereof) during which Tenant (without reduction for any partial monthor a Person claiming by, through or under Tenant) that Tenant remains holds over in possessionthe Premises after the Expiration Date, in an amount equal to one hundred fifty percent (150%) of the Base Rent aggregate Rental that was in effect for payable under this Lease during the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, except that Tenant shall become a Tenant at sufferance only with a continuing obligation pay an amount equal to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter the aggregate Rental that was payable under this Lease during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination last month of the Term for the period commencing on the sixty-first (61st) day of such holdover period. Landlord's right to collect such amount from Tenant for use and occupancy shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are be in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies that Landlord may have hereunder or at law or in equity (including, without limitation, Landlord's right to recover Landlord's damages from Tenant that derive from vacant and exclusive possession of the Premises not being surrendered to Landlord provided on the Expiration Date); provided, however, that Landlord shall not have the right to recover such damages unless Tenant's holdover extends for more than sixty (60) days after the Expiration Date. Nothing contained in this Lease Section 27.2 shall permit Tenant to retain possession of the Premises after the Expiration Date or at lawlimit in any manner Landlord's right to regain possession of the Premises, through summary proceedings or otherwise. Landlord's acceptance of any payments from Tenant after the Expiration Date shall be deemed to be on account of the amount to be paid by Tenant in accordance with the provisions of this Article 27.

Holdover. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules, the stay provisions of the Real Property Actions and Proceedings Law, and of any similar or successor law of same import then in force, in connection with any holdover proceedings which Landlord may institute to enforce the provisions of this Lease. Tenant acknowledges that the timely surrender by Tenant of the Premises upon the expiration of the term of this Lease is an important inducement to Landlord in entering into this Lease. If the Premises are not surrendered upon the termination of this Lease, Tenant with Landlord's consent hereby indemnifies Landlord against liability, including, without limitation, all reasonable attorneys’ fees incurred by Landlord and related expenses, resulting from the delay by Tenant in so surrendering the Premises, and including any claims made by any succeeding tenant or prospective tenant founded upon such delay. In the event Tenant remains in possession of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions termination of this Lease, except those pertaining to Termwithout the execution of a new lease, renewal options and Base Rent, shall apply and then Tenant shall thereafter will pay monthly Base Rent computed on a per- month basis, Landlord as liquidated damages for each month or part thereof (without reduction and for each portion of any partial month) that month during which Tenant remains holds over in possessionthe Premises after the termination of the term of this Lease, in an amount a sum equal to one hundred fifty percent and one half (150%1.5) times the average Fixed Rental and the Additional Rental which was payable per month under this Lease during the last twelve (12) months of the Base Rent that was term thereof. Nothing contained in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 Article shall be construed as implied consent by to mean that Landlord to any holding over by Tenant. Landlord expressly reserves the right to require has given permission for Tenant to surrender possession of or anyone else who occupies the Premises to remain on in the Premises as a monthly tenant, or as a tenant from month to month, and Landlord as provided in this Lease upon expiration may proceed to evict Tenant through a holdover or other lawful action or proceeding. Tenant’s obligations under this Article shall survive the termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.

Holdover. If Tenant with Landlord's consent remains in retains possession of the Premises or any part thereof after expiration the termination of the Term or after the date in any notice given extension thereof, by Landlord to Tenant terminating this Lease pursuant to (P) 17. lapse of time or (P) 18.otherwise, such possession by Tenant shall become a tenant from month-to-month only upon each and all of the terms herein provided as may be deemed applicable to be a month to such month-to- month tenancy cancelable by either party on thirty (30) days written notice given at and any time by either party and all provisions such holdover shall not constitute an extension of this Lease; provided, except those pertaining to Termhowever, renewal options and that during such holding over, Tenant shall pay Base Rent, shall apply Operating Cost Share Rent, and Tenant shall thereafter pay monthly Base Tax Share Rent at (a) one and one-half times the rate payable for the fiscal year, or portion thereof, immediately preceding said holding over, computed on a per- month basis, monthly basis for each month or part thereof (without reduction the time Tenant thus remains in possession for any partial month) the first two months that Tenant holds over and (b) Tenant shall pay Base Rent, Operating Cost Share Rent and Tax Share Rent at double the rate payable for the fiscal year, or portion thereof, immediately preceding said holding over, computed on a monthly basis for the time Tenant thus remains in possessionpossession thereafter, and, in addition, Tenant shall pay Landlord all damages, consequential as well as direct, sustained by reason of Tenant's holding over. Alternatively, at the election of Landlord expressed in a written notice to tenant and not otherwise, such retention of possession shall constitute a renewal of this Lease for one (1) year; provided, however, that Tenant shall pay Base Rent in an amount equal to one hundred fifty percent (the greater of 150%) % of the Base Rent that was in effect rate payable for the last full calendar month immediately preceding expiration fiscal year, or portion thereof or 125% of the Term. If then current market rate as determined by Landlord, and Tenant holds over after the expiration or earlier termination of the Term hereofshall continue to make all other payments required under this Lease, including, without limitation, Operating Cost Share Rent and Tax Share Rent. Neither the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord acceptance of Rent by the Landlord after expiration or earlier termination of termination, nor the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this Section: (Pi) 27 are in addition to and do not affect shall be construed as, or operate as, a renewal or as a waiver of Landlord's right of re-entry or any rights of Landlord hereunder right to regain possession by actions at law or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss in equity or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on other right or resulting from such failure to surrender. No provision of this remedy hereunder, or (Pii) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration as, or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute operate as, a waiver of any other rights right or remedies remedy of Landlord provided in this Lease or at lawLandlord.

Holdover. If Tenant with Landlord's consent remains in possession fails to surrender the Premises at the end of the Premises after expiration Term, at Landlord’s option the Tenant shall become a month-to-month tenant subject to all of the Term or after terms and conditions hereof, except that Tenant shall on account of such tenancy pay in advance on the date first day of each calendar month, without demand therefor, a monthly rental equal to the greater of (i) two hundred percent (200%) of the aggregate amount of Base Rent plus Rent Adjustments in any notice given by Landlord to Tenant terminating this effect immediately preceding the end of the Lease pursuant to (P) 17. Term, or (Pii) 18.the fair market rental value of the Premises, prorated on a monthly basis; provided that, notwithstanding the foregoing, during the first (1st) ninety (90) days of any such possession by monthly tenancy, Tenant shall be deemed to be pay a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount rental equal to the greater of (i) one hundred fifty percent (150%) of the aggregate amount of Base Rent that was plus Rent Adjustments in effect for the last full calendar month immediately preceding expiration the end of the Lease Term. If Tenant holds over after , or (ii) the expiration or earlier termination fair market rental value of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall Premises. Such tenancy may be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first terminated by either party upon thirty (30) days prior notice. During such tenancy Landlord may with respect to any default hereunder exercise all rights and remedies provided for herein. Notwithstanding the foregoing, any time prior to Landlord’s acceptance of rent from Tenant as a monthly tenant hereunder, Landlord, at its option, may forthwith re-enter and take possession of the Premises by any means permitted by law, TENANT HEREBY WAIVING ANY NOTICE TO QUIT; provided, however, that (i) Tenant shall pay Landlord as damages (but not as rent) the greater of the fair market value rent for the Premises or two (2) times (1.5 times, during the first 90 days of such holdover) the Base Rent plus all Additional Rent payable for the last month of the Term, for each month or portion thereof that Tenant remains in possession following the Expiration Date, and two hundred percent (200%ii) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall defend, indemnify and hold Landlord harmless from and against any and all loss claims, losses, liabilities or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or damages resulting from such Tenant’s failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this on the Expiration Date (P) 27 shall including, but not be considered to limit or constitute a waiver of limited to, claims made by any other rights or remedies of Landlord provided in this Lease or at lawsucceeding tenant).

Holdover. If Tenant with Landlord's consent remains in fails to quit and vacate the Demised Premises at the expiration of the Initial Term (or at the expiration of the final duly exercised Renewal Term hereof, if any, as the case may be), and if Landlord accepts payment of rental from Tenant thereafter and thus indicates that Landlord does not require the Tenant’s immediate surrender of possession of the Demised Premises after at such expiration date, then in such event any such holding over of possession of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession Demised Premises by Tenant shall be deemed to create only a tenancy from month-to-month, beginning for same on the day immediately following the expiration of the then expired term hereof, such monthly hold-over tenancy to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party upon all of the terms, covenants and all provisions of conditions contained in this Lease, except those pertaining that either party by giving to Termthe other at least sixty (60) days prior written notice may terminate such monthly holdover tenancy (except that Tenant shall not be entitled to such notice of termination, renewal options and Base Renthereby waives same, in the event that Tenant is in an Event of Default under this Lease in any respect beyond any applicable grace periods). Notwithstanding the foregoing provisions of this paragraph, if Landlord desires possession of the Demised Premises at the end of the term hereof, then Landlord may so notify Tenant at any time prior to accepting monthly holdover rent, in which event Tenant covenants and agrees to surrender to Landlord possession of the Demised Premises at the end of the term hereof free of subleases and occupants, and if Tenant fails to do so it shall apply be deemed an Event of Default under this Lease and Tenant shall thereafter be liable to Landlord for all reasonable, actual losses, costs, damages and expenses Landlord incurs from Tenant’s failure to vacate the Demised Premises as prescribed above. If the provisions of the preceding sentence become applicable, Tenant shall pay monthly Base Rent computed on a per- month basis, Landlord use and occupancy payments for each month or part portion thereof (without reduction for any partial month) that Tenant remains wrongfully holds over possession of the Demised Premises in possessionwhole or part, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was Basic Monthly Rental payable in effect for the last full calendar month immediately preceding of the term hereof (in addition to Landlord being entitled to exercise all available legal and equitable remedies). Landlord hereby notifies Tenant that Landlord desires and intends that Tenant remove from, quit and vacate the Demised Premises at the expiration of the Term. If term of this Lease, and Tenant holds over after the expiration or earlier termination hereby agrees to do so and hereby irrevocably waives any and all rights to notice from Landlord of the Term hereofsuch intent as provided in Title 8, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%Section 8-402(b) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration Real Property Volume of the Term for the first thirty (30) days Annotated Code of such holdoverMaryland, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration as amended, or earlier termination of the Term shall not constitute a consent to a holdover hereunder under any similar statute now or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawhereafter enacted.

Holdover. If Tenant with Landlord's consent remains in vacant and exclusive possession of the Premises after expiration is not surrendered to Landlord on the Expiration Date, then Tenant shall pay to Landlord on account of use and occupancy of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basisPremises, for each month (or part thereof any portion thereof) during which Tenant (without reduction for any partial monthor a Person claiming by, through or under Tenant) that Tenant remains holds over in possessionthe Premises after the Expiration Date, in an amount equal to one hundred fifty percent (150%) of the Base Rent aggregate Rental that was in effect for payable under this Lease during the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, except that Tenant shall become a Tenant at sufferance only with a continuing obligation pay an amount equal to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter the aggregate Rental that was payable under this Lease during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination last month of the Term for the period commencing on the thirtieth (30th) day of such holdover period. Landlord’s right to collect such amount from Tenant for use and occupancy shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are be in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies that Landlord may have hereunder or at law or in equity (including, without limitation, Landlord’s right to recover Landlord’s damages from Tenant that derive from vacant and exclusive possession of the Premises not being surrendered to Landlord provided on the Expiration Date). Nothing contained in this Lease Section 24.2 shall permit Tenant to retain possession of the Premises after the Expiration Date or at lawlimit in any manner Landlord’s right to regain possession of the Premises, through summary proceedings or otherwise. Landlord’s acceptance of any payments from Tenant after the Expiration Date shall be deemed to be on account of the amount to be paid by Tenant in accordance with the provisions of this Article 24.

Holdover. If Landlord agrees in writing that Tenant may hold over after the expiration or earlier termination of this Lease, unless the parties hereto otherwise agree in writing as to the terms of such holding over, the holdover tenancy shall be subject to termination by Landlord or Tenant at any time upon not less than thirty (30) days' prior written notice. If Tenant with holds over without the consent of Landlord's consent remains in , the same shall be a tenancy at will terminable at any time, and Tenant shall be liable to Landlord for, and Tenant shall indemnify, protect, defend and hold Landlord harmless from and against, any damages, liabilities, losses, costs, expenses or claims suffered or caused by such holdover, including damages and costs related to any successor tenant of the Premises to whom Landlord could not deliver possession of the Premises after expiration when promised. If Tenant provides Landlord with at least six (6) months prior written notice that Tenant will hold over (the "Holdover Notice"), and provided that Landlord consents to such holding over, then during the first two (2) months of any such holdover tenancy with consent, Tenant shall pay to Landlord from time to time upon demand, an amount equal to one hundred twenty five percent (125%) of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.then applicable Base Rent, such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party plus all Additional Rent and all provisions of other sums payable under this Lease, except those pertaining to Termand be bound by all the terms, renewal options covenants and Base Rentconditions specified in this Lease, shall apply and as so far applicable; during any subsequent months of any such holdover tenancy with consent, Tenant shall thereafter pay monthly Base Rent computed on a per- month basisto Landlord from time to time upon demand, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the then applicable Base Rent, plus all Additional Rent that was and other sums payable under this Lease, and be bound by all the terms, covenants and conditions specified in effect for the last full calendar month immediately preceding expiration of the Termthis Lease, as so far applicable. If Tenant holds over after does not provide Landlord with the expiration or earlier termination of the Term hereofHoldover Notice, without the consent of then during any holdover tenancy with Landlord's consent, Tenant shall become a Tenant at sufferance only with a continuing obligation pay to pay Rent provided that the Base Rent shall be Landlord from time to time upon demand, an amount equal to one hundred fifty percent (150%) of the then applicable Base Rent, plus all Additional Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdoverand other sums payable under this Lease, and be bound by all the terms, covenants and conditions specified in this Lease, as so far applicable. During any holdover tenancy without Landlord's consent, Tenant shall pay to Landlord from time to time upon demand, an amount equal to two hundred percent (200%) of such the then applicable Base Rent, plus all Additional Rent thereafter during and other sums payable under this Lease, and be bound by all the pendency terms, covenants and conditions specified in this Lease, as so far applicable. Notwithstanding anything to the contrary contained in this Section 3.6, no holding over by Tenant, whether with or without consent of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term Landlord, shall not constitute a consent operate to a holdover hereunder or result in a renewalextend this Lease. The foregoing preceding provisions of this (P) 27 are in addition to and do Paragraph 3.6 shall not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied Landlord's consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.3.7

Holdover. If Tenant with Landlord's consent remains in fails to quit and vacate the Demised Premises at the expiration of the Initial Term (or at the expiration of the final duly exercised Renewal Term hereof, if any, as the case may be), and if Landlord accepts payment of rental from Tenant thereafter and thus indicates that Landlord does not require the Tenant’s immediate surrender of possession of the Demised Premises after at such expiration date, then in such event any such holding over of possession of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession Demised Premises by Tenant shall be deemed to create only a tenancy from month-to-month, beginning for same on the day immediately following the expiration of the then expired term hereof, such monthly hold-over tenancy to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party upon all of the terms, covenants and all provisions of conditions contained in this Lease, except those pertaining that either party by giving to Termthe other at least ninety (90) days prior written notice may terminate such monthly holdover tenancy (except that Tenant shall not be entitled to such notice of termination, renewal options and Base Renthereby waives same, in the event that Tenant is in an Event of Default under this Lease in any respect beyond any applicable grace periods). Landlord and Tenant agree that any mutually agreed upon hold-over tenancy shall apply not be considered an Event of Default. Notwithstanding the foregoing provisions of this paragraph, if Landlord desires possession of the Demised Premises at the end of the term hereof, then Landlord may so notify Tenant at any time prior to accepting monthly holdover rent, in which event Tenant covenants and agrees to surrender to Landlord possession of the Demised Premises at the end of the term hereof free of subleases and occupants, and if Tenant fails to do so it shall be deemed an Event of Default under this Lease and Tenant shall thereafter be liable to Landlord for all reasonable, actual losses, costs, damages and expenses Landlord incurs from Tenant’s failure to vacate the Demised Premises as prescribed above. If the provisions of the preceding sentence become applicable, Tenant shall pay monthly Base Rent computed on a per- month basis, Landlord use and occupancy payments for each month or part portion thereof (without reduction for any partial month) that Tenant remains wrongfully holds over possession of the Demised Premises in possessionwhole or part, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was Basic Monthly Rental payable in effect for the last full calendar month immediately preceding of the term hereof (in addition to Landlord being entitled to exercise all available legal and equitable remedies). Landlord hereby notifies Tenant that Landlord desires and intends that Tenant remove from, quit and vacate the Demised Premises at the expiration of the Term. If term of this Lease, and Tenant holds over after the expiration or earlier termination hereby agrees to do so and hereby irrevocably waives any and all rights to notice from Landlord of the Term hereofsuch intent as provided in Title 8, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%Section 8-402(b) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration Real Property Volume of the Term for the first thirty (30) days Annotated Code of such holdoverMaryland, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration as amended, or earlier termination of the Term shall not constitute a consent to a holdover hereunder under any similar statute now or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawhereafter enacted.

Holdover. If Landlord has advised Tenant with Landlord's consent remains in that if possession of the Premises after is not surrendered to Landlord upon the expiration or sooner termination of the Term, such holdover may likely expose Landlord to a risk of reduction or loss of Landlord’s committed financing for the Contemplated Redevelopment and possibly other damages (although Landlord acknowledges that there are circumstances in which Landlord may delay or not undertake the Contemplated Redevelopment). As such, Tenant has agreed that if it does not surrender the Premises to Landlord upon the expiration or sooner termination of the Term, (a) Tenant shall pay to Landlord a sum equal to 3.0 times the monthly Base Rent that was payable under this Lease during the last month of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on for thirty (30) days written notice given at any time by either party and all provisions of this Leasesuch holdover, except those pertaining to Term(b) thereafter, renewal options and Base Rentif Tenant is still in possession of the Premises, shall apply and Tenant shall thereafter continue to pay monthly Base Rent computed on Landlord a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount sum equal to one hundred fifty percent (150%) of 3.0 times the monthly Base Rent that was in effect for payable under this Lease during the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first each additional thirty (30) days of such holdover, and two hundred percent (200%c) of such Base Rent thereafter during the pendency of Landlord shall, in addition to any and all rights and remedies that Landlord may have under this Lease, at law or in equity, immediately upon such holdover, have the right to commence eviction of Tenant from the Premises by providing written notice under applicable provisions of Legal Requirements which may include NRS 40.250 (unlawful detainer for possession after expiration of term, provided that Landlord acknowledges that it will provide no less than thirty (30) days’ notice for such unlawful detainer under NRS 40.250), NRS 40.2512 (unlawful detainer for possession after default in payment of rent) or Section 1 of Senate Xxxx 151, 80th Session of the Nevada Legislature (summary eviction for failure to pay rent), and Tenant shall reimburse Landlord for all of Landlord’s actual, reasonable and documented out-of-pocket costs and expenses incurred in connection with any eviction or unlawful detainer proceeding. Acceptance by Landlord Nothing in this Section 15.6 shall be construed as an authorization for Tenant to holdover after the expiration of Rent after the Term. This provision shall survive the expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.

Holdover. If Tenant with Landlord's consent remains in or any person claiming through Tenant shall retain possession of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereofand if Landlord shall consent to such continuation of possession, without such possession shall be (unless the consent parties hereto shall otherwise have agreed in writing) deemed to be under a month-to-month tenancy which shall continue until either party shall notify the other in writing, at least 30 days prior to the end of Landlordany calendar month, that the party giving such notice elects to terminate such tenancy at the end of such calendar month, in which event such tenancy shall so terminate. Anything contained in the foregoing provisions of this paragraph to the contrary notwithstanding, with respect to each such monthly period and in addition to other rent and charges due under this Lease, Tenant shall become a Tenant at sufferance only with a continuing obligation pay rent equal to pay Rent provided that 1/9 of the per annum Base Rent and 1/12 of the Expense and Tax Adjustment Amount, and Additional Services Charge (calculated in accordance with the provisions of Paragraph 4 hereof) which would have been payable had this Lease been renewed until the end of the calendar year which includes such month on the terms and conditions in effect immediately prior to the expiration or termination of the Term; and such month-to-month tenancy with Landlord's consent shall be one hundred fifty percent (150%) upon the same terms and subject to the same conditions as those which are set forth in this Lease except as aforesaid. If Tenant or any person claiming through Tenant shall retain possession of the Base Rent that was in effect for Premises or any part thereof, after the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term term or of Tenant's right of possession, and if such retention shall not constitute a consent be without Landlord's consent, Tenant shall pay Landlord (a) for each month or portion thereof during which such possession continues, an amount equal to a holdover hereunder or result in a renewal. The the rental to be paid for each month pursuant to the foregoing provisions of this (P) 27 are in addition to and do not affect Paragraph when such possession is with Landlord's right consent, plus all other sums which would have been payable hereunder had the term continued during such retention of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so possession and (b) all other damages sustained by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss whether direct or liability arising out consequential, by reason of such failureretention of possession. During any such retention of possession without Landlord's consent, including without limitationall of Tenant's obligations with respect to the use, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession occupancy and maintenance of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Leaseshall continue. The provisions of this (P) 27 Paragraph 16 shall not be considered deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease herein or at lawlaw or in equity and applicable to unlawful retention of possession or otherwise.

Holdover. If Tenant with Landlord's consent remains in shall hold possession of the Premises demised premises after the expiration of the Term term of this Lease or the prior termination of this Lease, and the Lease is not renewed or a new lease is not entered into between the parties, the parties hereby agree that Tenant's occupancy of the demised premises after the date in any notice given by Landlord to Tenant terminating expiration of the term or prior termination of this Lease pursuant to (P) 17shall be deemed that of a trespasser commencing on the first day after the expiration of the term or prior termination of this Lease. or (P) 18., such possession by Notwithstanding the fact that Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions trespasser, after the expiration of the term or prior termination of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter continue to be fully responsible for the faithful performance by Tenant of all of the terms set forth in this Lease, except Tenant shall pay monthly Base Rent computed on a per- month basis, for the first day of each month after the expiration or part thereof (without reduction sooner termination of this Lease for any partial month) that Tenant remains in possession, in use and occupancy of the demised premises an amount equal to one hundred fifty percent the higher of (150%i) an amount equal to three times the sum of (a) the monthly installment of basic annual rent payable by Tenant during the last year of the Base Rent original term of this Lease (i.e., the year immediately prior to the holdover period) plus (b) all monthly installments of additional rent payable by Tenant pursuant to the terms of this Lease that was would have been billable monthly by Landlord had the term of the Lease not expired; or (ii) an amount equal to the then market rental value of the demised premises as shall be established by Landlord giving notice to Tenant of Landlord's good faith estimate of such market rental value. Tenant shall occupy the demised premises during the holdover period in effect for its "as is" condition as of the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration term or earlier prior termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand and Landlord shall not be required to do so by Landlordperform any work, Tenant shall indemnify and hold Landlord harmless from all loss furnish any materials or liability arising out of such failure, including without limitation, make any claim made by any succeeding tenant founded on or resulting from such failure to surrenderrepairs within the demised premises during the holdover period. No provision of Nothing contained in this (P) 27 Lease shall be construed as implied a consent by Landlord to any holding over the possession by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon demised premises beyond the expiration of the term or other prior termination of this Lease. The provisions , and Landlord, upon said expiration of the term or prior termination of this Lease shall be entitled to the benefits of all legal remedies that may now be in force or may hereafter be enacted relating to immediate repossession of the demised premises by Landlord and in addition Landlord shall be entitled to recover any and all damages, direct and/or consequential, sustained by Landlord (Pincluding but not limited to special damages) 27 as a result of Tenant's holdover, which recovery of damages shall be distinguished from and not be considered to limit or constitute a waiver offset by any payment made by Tenant for the use and occupancy of any other rights or remedies of Landlord provided in this Lease or at lawthe demised premises.

Holdover. If Tenant In the event Akamai fails to comply with Landlord's consent remains the terms of this Agreement (other than the failure to vacate the Building 500 Premises in accordance with the provisions of Section 4(a) above) or repossesses (or attempts to repossess) the Building 600 Premises at any time after the date hereof or the Building 500 Premises at any time after the Surrender Date, MIT shall have the right to retain any and all payments made by Akamai pursuant to this Agreement and also shall have any and all other rights and remedies available to MIT under the Leases to recover the Premises, at law and in equity, except to the extent inconsistent with the terms of this Agreement. In addition, Akamai and anyone claiming under Akamai remaining in possession of the Building 600 Premises after expiration of the Term or any part thereof after the date in hereof, or of the Building 500 Premises or any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant part thereof after the Building 500 Termination Date shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given tenant-at-sufferance only, at any time by either party and all provisions the daily rate of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) % of the Base Rent that was in effect for and additional rent due under the last full calendar month respective Leases immediately preceding expiration prior to the respective termination dates (the "FINAL RENT RATE") during the first month, 200% of the Term. If Tenant holds over after Final Rent Rate during the expiration or earlier termination second month and 250% of the Term hereofFinal Rent Rate thereafter; provided that, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) notwithstanding any of the Base Rent that was in effect foregoing to the contrary, but subject to the following sentence, Akamai shall remain liable for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdoverall damages, and two hundred percent (200%) of such Base Rent thereafter during the pendency including without limitation all direct damages, incurred by MIT as a result of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of Notwithstanding the Term foregoing, Akamai shall not constitute a consent to a be liable for consequential damages incurred by MIT based upon any holdover hereunder by Akamai after the Scheduled Surrender Date unless such holdover continues for ninety (90) or result more says after the Scheduled Surrender Date. Nothing in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 Section shall be construed as implied consent by Landlord to any permit such holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawover.

Holdover. If Tenant with Landlord's ’s consent remains in possession of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.Lease, such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- per-month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 ¶27. are in addition to and do not affect Landlord's ’s right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 ¶27. shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 ¶27. shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.

Holdover. (a) If Tenant with Landlord's consent remains shall hold over after the expiration or sooner termination of the term of this Lease, and if Landlord shall then not proceed to remove Tenant from the Premises in possession the manner permitted by law (or shall not have given written notice to Tenant that Tenant must vacate the Premises) irrespective of whether or not Landlord accepts rent from Tenant for a period beyond the Expiration Date, the parties hereby agree that Tenant’s occupancy of the Premises after the expiration or sooner termination of the Term or term shall be under a month-to-month tenancy commencing on the first day after the date expiration or sooner termination of the term, which tenancy shall be upon all of the terms set forth in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by except that Tenant shall be deemed to be a pay on the first day of each month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base the holdover period as Fixed Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent and one-half (150%1 ½) times one-twelfth of the Base sum of the Fixed Rent that was in effect and Additional Charges payable by Tenant during the last year of the term of this Lease for the last full calendar month immediately preceding expiration of the Term. If first sixty (60) days Tenant holds over and thereafter two (2) times such sum. It is stipulated and agreed that Landlord shall not be required to perform any work, furnish any materials or make any repairs within the Premises during the holdover period. It is further stipulated and agreed that if Landlord shall, at any time after the expiration or earlier sooner termination of the Term hereofterm, without proceed to remove Tenant from the consent of LandlordPremises as a holdover, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay the Fixed Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, use and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession occupancy of the Premises during any holdover period shall be calculated in the same manner as set forth above. In addition to the foregoing, Landlord as provided in this Lease upon expiration shall be entitled to recover from Tenant any losses or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawdamages arising from such holdover.

Holdover. If A. Tenant with acknowledges that possession of the demised premises must be surrendered to Landlord at the expiration or sooner termination of the term of this lease. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the demised premises as aforesaid will be substantial, will exceed the amount of fixed minimum rent and additional rent theretofore payable hereunder, and will be impossible accurately to measure. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord upon the expiration or sooner termination of the term of this lease, then notwithstanding anything to the contrary contained in this lease, Tenant shall pay to Landlord for each month and for each portion or any month during which Tenant holds over in the demised premises after the expiration or sooner termination of the term of this lease, for use and occupancy, the aggregate sum of (i) two times the amount of the installment of the fixed minimum rent that was payable under this lease for the last month of the term hereof, plus (ii) one-twelfth of all items of annual additional rent which would have been payable monthly pursuant to this lease had its term not expired or been terminated, plus (iii) those items of additional rent (not annual additional rent) which would have been payable monthly pursuant to this lease had its term not expired or been terminated, which aggregate sum Tenant agrees to pay to Landlord upon demand, in full without setoff, and no extension or renewal of this lease shall be deemed to have occurred by such holding over, nor shall Landlord be precluded by accepting such aggregate sum for use and occupancy from exercising all rights and remedies available to it to obtain possession of the demised premises. Further, Tenant shall be liable to Landlord for all losses and damages which Landlord may reasonably incur or sustain by reason of such holding over, including, but not limited to, damages incurred or sustained by reason of Landlord's consent remains inability to timely place a new tenant in possession of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18demised premises., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.

Holdover. If 34.01 (a) In the event this Lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant with Landlord's consent remains shall then hold over after the expiration of the term of this Lease, and if Landlord shall then not proceed to remove Tenant from the Premises in possession the manner permitted by law (or shall not have given written notice to Tenant that Tenant must vacate the Premises) irrespective of whether or not Landlord accepts rent from Tenant for a period beyond the Expiration Date, the parties hereby agree that Tenant’s occupancy of the Premises after the expiration of the Term or after term shall be upon all of the date terms set forth in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by except Tenant shall be deemed to be a pay on the first day of each month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base the holdover period as Fixed Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to (x) one hundred fifty percent (150%) of the Base monthly Fixed Rent that was in effect for and Additional Charges payable by Tenant during the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination term of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term this Lease for the first thirty (30) days of such holdoverhold over (pro rated on a per diem basis), and (y) two hundred percent (200%) of such Base the monthly Fixed Rent thereafter and Additional Charges payable by Tenant during the pendency last month of the term of this Lease for each month or portion of a month (without daily proration) during the remainder of such holdover. Acceptance by Further, Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent be required to a holdover hereunder perform any work, furnish any materials or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or make any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender repairs within the Premises upon during the holdover period. It is further stipulated and agreed that if Landlord shall, at any time after the expiration of this Lease despite demand the original term or after the expiration of any term created thereafter, proceed to do so by Landlordremove Tenant from the Premises as a holdover, Tenant shall indemnify the Fixed Rent for the use and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession occupancy of the Premises during any holdover period shall be calculated in the same manner as set forth above. In addition to the foregoing, Landlord shall be entitled to recover from Tenant any losses or damages arising from such holdover as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (PSection 34.01(c) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawhereof.

Holdover. (a) If Tenant with Landlord's consent remains shall hold over after the expiration or sooner termination of the term of this Lease, and if Landlord shall then not proceed to remove Tenant from the Premises in possession the manner permitted by law (or shall not have given written notice to Tenant that Tenant must vacate the Premises) irrespective of whether or not Landlord accepts rent from Tenant for a period beyond the Expiration Date, the parties hereby agree that Tenant’s occupancy of the Premises after the expiration or sooner termination of the Term or term shall be under a month-to-month tenancy commencing on the first day after the date expiration or sooner termination of the term, which tenancy shall be upon all of the terms set forth in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by except that Tenant shall be deemed to be a pay on the first day of each month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base the holdover period as Fixed Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent and one-half (150%1 ½) times one-twelfth of the Base sum of the Fixed Rent that was in effect for and Additional Charges payable by Tenant during the last full calendar month immediately preceding expiration year of the Term. If Tenant holds over after the expiration or earlier termination term of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term this Lease for the first thirty (30) days of Tenant holds over and thereafter two (2) times such holdoversum. It is stipulated and agreed that Landlord shall not be required to perform any work, and two hundred percent (200%) of such Base Rent thereafter furnish any materials or make any repairs within the Premises during the pendency of such holdoverholdover period. Acceptance by It is further stipulated and agreed that if Landlord of Rent shall, at any time after the expiration or earlier sooner termination of the Term shall not constitute a consent term, proceed to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If remove Tenant fails to surrender from the Premises upon as a holdover, the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify Fixed Rent for the use and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession occupancy of the Premises during any holdover period shall be calculated in the same manner as set forth above. In addition to the foregoing, Landlord as provided in this Lease upon expiration shall be entitled to recover from Tenant any losses or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawdamages arising from such holdover.

Holdover. If Tenant with Landlord's consent remains in possession of shall fail to vacate and surrender the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after upon the expiration or earlier termination of this Lease, then, throughout the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of period commencing on such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination and continuing until Tenant shall fully vacate and surrender the Premises (such period being herein called the “Holdover Period”), Tenant shall be deemed a holdover tenant and shall be liable to Landlord for rent, or a charge in respect of use and occupancy, at a per diem rate, for each day of the Holdover Period, equal to one and one half (1.5) times the average per diem rate of Fixed Rent payable by Tenant during the last year of the Term shall not constitute a consent (i.e., the year immediately prior to a holdover hereunder or result in a renewalthe Holdover Period). The foregoing provisions of this (P) 27 are in In addition to and do not affect Landlord's right of re-entry the fore­going, Landlord shall be entitled to recover from Tenant any losses or any rights of Landlord hereunder or as otherwise provided by lawdamages arising from such holdover. If Tenant fails to surrender Notwithstanding the Premises upon the expiration of this Lease despite demand to do so by Landlordforegoing, however, Tenant shall indemnify not be liable to Landlord for consequential damages arising from such holdover, except, if during such holdover Landlord has notified Tenant in writing promptly upon Landlord’s entry into a lease or promptly upon commencement of negotiations of a lease of all or a portion of the Premises, and hold Landlord harmless from all then only to the extent that Landlord’s claim for consequential damages is limited to the lost profits associated with the loss or liability arising out of such failure, including without limitation, any claim made lease and only to the extent that such loss is caused by any succeeding tenant founded on or resulting from such failure to surrenderTenant’s holdover for a period of more than ninety (90) days. No provision of this (P) 27 Nothing herein shall be construed as implied consent by Landlord deemed to grant Tenant any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of holdover, and in no event shall the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver acceptance of any other rights rent preclude Landlord from com­mencing and prosecuting any holdover or remedies of Landlord provided in this Lease or at laweviction proceeding.

Holdover. If Tenant with shall, without the written consent of Landlord's consent remains in possession of , hold over after the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.Term, such possession by Tenant shall be deemed a tenant at sufferance, which tenancy may be terminated as provided by applicable state law. During any holdover tenancy (whether or not consented to be by Landlord), unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord, a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount per diem occupancy charge equal to one hundred fifty percent (150%) of the per diem Base Rent that and Additional Rent as was in effect under this Lease for the last full calendar month immediately preceding expiration of the Lease Term. If Tenant holds over Such payments shall be made within five (5) business days after Landlord’s demand, and in no event less often than once per month (in advance). In the expiration or earlier termination case of the Term hereofa holdover which has been consented to by Landlord, without the consent of Landlordunless otherwise agreed to in writing by Landlord and Tenant, Tenant shall become a Tenant at sufferance only with a continuing obligation give to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first Landlord thirty (30) days prior written notice of such holdoverany intention to quit the Premises, and two hundred percent Tenant shall be entitled to thirty (200%30) days prior written notice to quit the Premises, except in the event of such non-payment of Base Rent thereafter during or Additional Rent in advance or the pendency breach of such holdoverany other covenant or the existence of a Default. Acceptance by Landlord of Rent after Upon expiration or earlier termination of the Lease Term as provided herein, Tenant shall not constitute a consent be entitled to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to shall surrender the Premises upon on the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession last day of the Premises to Landlord Lease Term as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawSection 26, above.

Holdover. If Tenant with Landlord's consent remains in possession Without limiting the generality of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions Section 5 of this Sublease, nothing in this Sublease, and no action or inaction by Sublandlord hereunder or under the Lease, except those pertaining gives Subtenant any rights to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month use or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of occupy the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over Sublease Premises after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdoverTerm, and two hundred percent (200%) of such Base Rent thereafter during Subtenant agrees to vacate the pendency of such holdover. Acceptance by Landlord of Rent after Sublease Premises immediately upon the expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewalTerm. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant Subtenant acknowledges that, if Subtenant fails to surrender the Sublease Premises or any portion thereof at the expiration or earlier termination of the Term, it will be conclusively presumed that the value to Subtenant of remaining in possession, and the loss that will be suffered by Sublandord as a result thereof, far exceed the amount of the Payment that would have been payable had the Term continued during such holdover period. Therefore, if Subtenant, or any person claiming through Subtenant, does not immediately surrender the Sublease Premises any part thereof upon the expiration or earlier termination of this Lease despite demand the Term, the monthly rent shall be increased to do so by Landlord, Tenant equal two times the amount of the Payment ("Holdover Payment"). The Holdover Payment shall indemnify and hold Landlord harmless from all loss or liability arising out be payable on the first day of such failure, including without limitation, holdover period and first day of each calendar month thereafter during such holder period until the Sublease Premises have been vacated. Notwithstanding any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No other provision of this (P) 27 Sublease to the contrary, Sublandlord's acceptance of any Holdover Payment shall not in any manner adversely affect Sublandlord's other rights and remedies, including Sublandlord's right to evict Subtenant, recover all damages, or take any appropriate action authorized under the Lease. Any holdover shall be construed as implied consent by Landlord deemed to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration be a tenancy-at-sufferance and not a tenancy-at-will or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawtenancy from month-to-month.

Holdover. If Tenant with Landlord's consent remains in shall hold possession of the Premises demised premises after the expiration of the Term term of this Lease or the prior termination of this Lease, and the Lease is not renewed or a new lease is not entered into between the parties, the parties hereby agree that Tenant's occupancy of the demised premises after the date in any notice given by Landlord to Tenant terminating expiration of the term or prior termination of this Lease pursuant to (P) 17shall be deemed that of a trespasser commencing on the first day after the expiration of the term or prior termination of this Lease. or (P) 18., such possession by Notwithstanding the fact that Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions trespasser, after the expiration of the term or prior termination of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter continue to be fully responsible for the faithful performance by Tenant of all of the terms set forth in this Lease, except Tenant shall pay monthly Base Rent computed on a per- month basis, for the first day of each month after the expiration or part thereof (without reduction sooner termination of this Lease for any partial month) that Tenant remains in possession, in use and occupancy of the demised premises an amount equal to one hundred fifty percent the higher of (150%i) an amount for the first two (2) months of the Base Rent that was in effect for holdover equal to one and one half (1 1/2) times and thereafter three times the sum of (a) the monthly installment of basic annual rent payable by Tenant during the last full calendar month year of the original term of this Lease (i.e., the year immediately preceding prior to the holdover period) plus (b) all monthly installments of additional rent payable by Tenant pursuant to the terms of this Lease that would have been billable monthly by Landlord had the term of the Lease not expired; or (ii) an amount equal to the then market rental value of the demised premises as shall be established by Landlord giving notice to Tenant of Landlord's good faith estimate of such market rental value. Tenant shall occupy the demised premises during the holdover period in its "as is" condition as of the expiration of the Term. If Tenant holds over after the expiration term or earlier prior termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand and Landlord shall not be required to do so by Landlordperform any work, Tenant shall indemnify and hold Landlord harmless from all loss furnish any materials or liability arising out of such failure, including without limitation, make any claim made by any succeeding tenant founded on or resulting from such failure to surrenderrepairs within the demised premises during the holdover period. No provision of Nothing contained in this (P) 27 Lease shall be construed as implied a consent by Landlord to any holding over the possession by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon demised premises beyond the expiration of the term or other prior termination of this Lease. The provisions , and Landlord, upon said expiration of the term or prior termination of this Lease shall be entitled to the benefits of all legal remedies that may now be in force or may hereafter be enacted relating to immediate repossession of the demised premises by Landlord and in addition Landlord shall be entitled to recover any and all damages, direct and/or consequential, sustained by Landlord (Pincluding but not limited to special damages) 27 as a result of Tenant's holdover, which recovery of damages shall be distinguished from and not be considered to limit or constitute a waiver offset by any payment made by Tenant for the use and occupancy of any other rights or remedies of Landlord provided in this Lease or at lawthe demised premises.

Holdover. If Tenant with Landlord's consent remains in possession of understands that it does not have the Premises after expiration of the Term or after the date in any notice given by Landlord right to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given hold over at any time by either party and all provisions time. Tenant will, on or before the Expiration Date or earlier termination of this Lease, yield up immediate possession to Landlord with all repairs and maintenance required herein to be performed by Tenant completed. Notwithstanding the foregoing, Tenant shall have the right to hold over for a period of 90 days after the Expiration Date, and all of the other terms and provisions of this Lease shall be applicable during that period, except those pertaining that Tenant shall pay, in addition to Term, renewal options and Base all Additional Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) 125% of the Base Rent that was in effect on the Expiration Date. After such initial 90-day holdover period, unless the parties hereto otherwise agree in writing on the terms of such holding over, the holdover tenancy shall be subject to termination by Landlord at any time upon not less than five days advance written notice, or by Tenant at any time upon not less than 30 days advance written notice, and all of the other terms and provisions of this Lease shall be applicable during that period, except that Tenant shall pay Landlord from time to time, upon demand, as Base Rent for the last full calendar month immediately preceding expiration period of any holdover, in addition to all Additional Rent for such period which would otherwise be required to be paid by Tenant during the Term hereof, an amount equal to 150% of the Term. If Tenant holds over after Base Rent in effect on the expiration Expiration Date or the date or earlier termination of the Term hereofLease. Tenant shall pay all amounts due under this Section 0 to Landlord, upon demand, together with interest thereon at the Default Rate from the date of such demand until fully paid. Notwithstanding anything herein to the contrary, no holdover by Tenant, whether with or without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation operate to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewalextend this Lease. The foregoing preceding provisions of this (P) 27 are in addition to and do Section 0 shall not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent for Tenant to hold over, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises, as well as any damages incurred by Landlord due to any holding over by Tenant. Landlord expressly reserves the right ’s failure to require Tenant to surrender vacate and deliver possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawherein.

Holdover. If Tenant with Landlord's consent remains in possession of holds over after the Premises after expiration of the Term or after Lease Term, with the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.express written consent of Landlord, such possession by Tenant tenancy shall be deemed to from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Monthly Base Rent shall be payable at a month to monthly rate of two hundred percent (200%) thereafter of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party shall be subject to every other applicable term, covenant and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Termagreement contained herein. If Tenant holds over after the expiration or earlier termination of the Lease Term hereof, without the express written consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent such tenancy shall be one hundred fifty percent (150%) 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 Base Rent that was in effect for Premises shall be calculated at a daily rate equal to the last full calendar month immediately preceding expiration greater of the Term for the first thirty (30i) days of such holdover, and two hundred percent (200%) of such the Monthly Base Rent thereafter applicable during the pendency last rental period of the Lease Term under this Lease (calculated on a per diem basis) or (ii) the fair market rental rate for the Premises as of the commencement of such holdoverholdover period. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result Nothing contained in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 Article 26 shall be construed as implied consent by Landlord to any holding over by Tenant. , and Landlord expressly reserves the right to require Tenant to surrender vacate and deliver possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this (P) 27 Article 26 shall not be considered deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease 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 upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims made by any succeeding tenant founded upon such failure to vacate and deliver, and any losses suffered by Landlord, including lost profits, resulting from such failure to vacate and deliver; provided, however, the terms of the foregoing indemnity shall not be effective until the date which occurs thirty (30) days after the termination or expiration of this Lease. 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."

Holdover. If Tenant with shall, without the written consent of Landlord's consent remains in possession of , hold over after the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.Term, such possession by Tenant shall be deemed a tenant at sufferance, which tenancy may be terminated as provided by applicable state law. During any holdover tenancy (whether or not consented to be by Landlord), unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord, a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount per diem occupancy charge equal to one hundred one hundred fifty percent (150%) of the per diem Base Rent that as was in effect under this Lease for the last full calendar month immediately preceding expiration of the Lease Term, plus all Additional Rent payable hereunder. If Tenant holds over Such payments shall be made within five (5) days after Landlord’s demand, and in no event less often than once per month (in advance). In the expiration or earlier termination case of the Term hereofa holdover which has been consented to by Landlord, without the consent of Landlordunless otherwise agreed to in writing by Landlord and Tenant, Tenant shall become a Tenant at sufferance only with a continuing obligation give to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first Landlord thirty (30) days prior written notice of such holdoverany intention to quit the Premises, and two hundred percent Tenant shall be entitled to thirty (200%30) days prior written notice to quit the Premises, except in the event of such non-payment of Base Rent thereafter during or Additional Rent in advance or the pendency breach of such holdoverany other covenant or the existence of a Default. Acceptance by Landlord of Rent after Upon expiration or earlier termination of the Lease Term as provided herein, Tenant shall not constitute a consent be entitled to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to shall surrender the Premises upon on the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession last day of the Premises to Landlord Lease Term as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawSection 26, above.

Holdover. If Tenant with Landlord's consent remains in possession of Sublessee fails to surrender the Subleased Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given portion thereof at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereofTerm, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided then it will be conclusively presumed that the Base value to Sublessee of remaining in possession, and the loss that will be suffered by Sublessor as a result thereof, far exceed the Rent shall be one hundred fifty percent (150%) of the Base Rent and additional rent that was in effect for the last full calendar month immediately preceding expiration of would have been payable had the Term for continued during such holdover period. Therefore, if Sublessee (or anyone claiming through Sublessee) does not immediately surrender the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during Subleased Premises or any portion thereof upon the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term Term, then the rent payable by Sublessee shall not constitute be increased to two (2) times then-applicable base rent for the Subleased Premises as set forth in the Prime Lease. Such rent shall be computed by Sublessor and paid by Sublessee on a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to monthly basis and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender shall be payable on the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out first day of such failure, including without limitation, holdover period and the first day of each calendar month thereafter during such holdover period until the Subleased Premises have been vacated. Notwithstanding any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No other provision of this (P) 27 Sublease, Sublessor’s acceptance of such rent shall not in any manner adversely affect Sublessor’s other rights and remedies, including [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Sublessor’s right to evict Sublessee and to recover all damages. Any such holdover shall be deemed to be a 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 Term, and nothing contained herein shall be construed as implied to constitute Sublessor’s consent by Landlord to any holding over by Tenant. Landlord expressly reserves the holdover or to give Sublessee any right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawwith respect thereto.

Holdover. If 23.01 The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant with Landlord's consent remains in to timely surrender possession of the Premises after in accordance with the terms of this Lease upon the expiration or other termination of the Term will be substantial, will exceed the amount of the monthly installments of Fixed Rent and Additional Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord upon the Expiration Date or sooner termination of the Term in the condition required hereunder, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. Expiration Date or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions sooner termination of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%A) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdoverholding over, one-twelfth of the sum of Fixed Rent and two hundred percent Additional Rent payable by Tenant during the last year of the Term of this Lease (200%i.e., the year immediately prior to the holdover period), (B) for the next thirty (30) days of such Base holding over, one and one-half (1.5) times one- twelfth of the sum of Fixed Rent thereafter and Additional Rent payable by Tenant during the pendency last year of the Term of this Lease (i.e., the year immediately prior to the holdover period) and (C) thereafter, two times the higher of (i) one-twelfth of the sum of Fixed Rent and Additional Rent payable by Tenant during the last year of the Term of this Lease (i.e., the year immediately prior to the holdover period) and (ii) the then market rental value for the Premises as shall be established by Landlord giving notice to Tenant of Landlord’s good faith estimate of such holdovermarket rental value, plus all Additional Rent payable by Tenant during the last year of the Term of this Lease (i.e., the year immediately prior to the holdover period). Acceptance Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of Rent payments from Tenant after expiration the Expiration Date or earlier sooner termination of the Term shall not constitute a consent be deemed to a be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 23. Tenant’s obligations under this Article 23 shall survive the Expiration Date. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover hereunder or result in a renewal. The summary proceedings which Landlord may institute to enforce the foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawArticle 23.

Holdover. If The parties recognize and agree that the damage to Landlord -------- resulting from any failure by Tenant with Landlord's consent remains in to timely surrender possession of the Leased Premises will be extremely substantial, will exceed the amount of the Minimum Rent payable under this Lease, and will be impossible to measure accurately. Landlord and Tenant therefore agree that if possession of the Leased Premises is not surrendered to Landlord within twenty-four (24) hours after the date of the expiration or termination of the Term for any portion of the Leased Premises, then Tenant shall pay as damages, without limitation as to Landlord's rights and remedies to reclaim possession of the Leased Premises or for its costs and expenses arising out of such a breach, whether at law or in equity, for each month and for each portion of any month during which Tenant holds over in the Leased Premises after the date in any notice given by Landlord to Tenant terminating expiration or termination of the Term, two times the aggregate of that portion of the Rent which was payable under this Lease during the last month of the Term; provided, however, the twenty-four (24) hour deadline set forth above shall be extended to nine (9) business days for any Lease Term that will expire on April 30, 2001, as provided in Schedule 1. Notwithstanding anything to the contrary contained in this Lease, in the event Tenant fails to vacate any portion of the Leased Premises in accordance with or otherwise fails to comply with the terms of the letter between Tenant and Nimbus CD International, Inc. ("Nimbus") dated March 1, 2001 attached as Exhibit E, and if Nimbus terminates its lease with Landlord pursuant to its right to terminate for such failure, then, in addition to the foregoing: (Pi) 17the amount of the note between Landlord and Comdial Business Communications Corporation of even date herewith (the "Note") shall be reduced by Five Hundred Thousand and 00/100 Dollars ($500,000), (ii) the term of the Note shall be extended by one (1) year and as otherwise provided in the Note. or (P) 18., such possession by Tenant Nothing contained in this Lease shall be deemed to be a month permit Tenant to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) retain possession of the Base Rent that was in effect for Leased Premises after the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 Section shall not be considered survive the expiration or termination of the Term. With regard to limit or constitute a waiver of any other rights or remedies of Landlord provided Tenant's obligations noted in this Lease or at lawParagraph 29, Time is of the essence.

Holdover. If Tenant with fails to surrender the Premises at the end of the Term, at Landlord's consent remains in possession option the Tenant shall become a month-to-month tenant subject to all of the Premises after expiration terms and conditions hereof, except that Tenant shall on account of such tenancy pay in advance on the first day of each calendar month, without demand therefor, a monthly rental equal to the greater of (i) two hundred percent (200%) of the Term or after aggregate amount of Base Rent plus Rent Adjustments in effect immediately preceding the date in any notice given by Landlord to Tenant terminating this end of the Lease pursuant to (P) 17. Term, or (Pii) 18.the fair market rental value of the Premises, prorated on a monthly basis; provided that, notwithstanding the foregoing, during the first (1st) ninety (90) days of any such possession by monthly tenancy, Tenant shall be deemed to be pay a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount rental equal to the greater of (i) one hundred fifty percent (150%) of the aggregate amount of Base Rent that was plus Rent Adjustments in effect for the last full calendar month immediately preceding expiration the end of the Lease Term. If Tenant holds over after , or (ii) the expiration or earlier termination fair market rental value of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall Premises. Such tenancy may be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first terminated by either party upon thirty (30) days prior notice. During such tenancy Landlord may with respect to any default hereunder exercise all rights and remedies provided for herein. Notwithstanding the foregoing, any time prior to Landlord's acceptance of rent from Tenant as a monthly tenant hereunder, Landlord, at its option, may forthwith re-enter and take possession of the Premises by any means permitted by law, TENANT HEREBY WAIVING ANY NOTICE TO QUIT; provided, however, that (i) Tenant shall pay Landlord as damages (but not as rent) the greater of the fair market value rent for the Premises or two (2) times (1.5 times, during the first 90 days of such holdover) the Base Rent plus all Additional Rent payable for the last month of the Term, for each month or portion thereof that Tenant remains in possession following the Expiration Date, and two hundred percent (200%ii) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall defend, indemnify and hold Landlord harmless from and against any and all loss claims, losses, liabilities or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or damages resulting from such Tenant's failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this on the Expiration Date (P) 27 shall including, but not be considered to limit or constitute a waiver of limited to, claims made by any other rights or remedies of Landlord provided in this Lease or at lawsucceeding tenant).

Holdover. If In the event Tenant with Landlord's consent remains in possession of the Demised Premises after expiration the Expiration Date without the execution of a new lease or extension agreement (TIME BEING OF THE ESSENCE with respect to the Expiration Date), Tenant shall be liable to Landlord for: (i) all losses and damages which Landlord may incur by reason of such hold-over including, without limitation, attorneys' fees and disbursements and lost opportunities (and/or new leases) by Landlord to re-let the Demised Premises (or any part thereof), and Tenant shall indemnify Landlord against all claims made by any succeeding tenants against Landlord or otherwise arising out of or resulting from Xxxxxx's failure timely to surrender and vacate the Demised Premises on the Expiration Date in accordance with the provisions hereof; and (ii) a use and occupancy in respect of the entire Demised Premises calculated with respect to an annual rate equal to the greater of (a) 200% of the Base Rent plus 1/12 of the previous year’s charges for all Additional Rent payable on a recurring basis hereunder for the last year of the Term or after (b) the date in then fair market value of the Property, as determined by Landlord (either of which amounts Landlord and Tenant agree shall be assessed on a monthly basis and is fair and reasonable under the circumstances and is not, and shall not be deemed to be, a penalty). Tenant shall also be liable to Landlord for any notice given payment or rent concession made or provided by Landlord to Tenant terminating this Lease pursuant to (P) 17. any new tenant for all or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was Demised Premises in effect for the last full calendar month immediately preceding expiration order to induce such tenant not to terminate its lease with Landlord by reason of the Term. If Tenant holds Tenant's holding-over after the expiration or earlier termination of the Term hereof(including, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made holdover expenses, rent, damages or liability which shall be borne by the new tenant with respect to its then-existing lease and premises at another building). In no event shall any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall hereof be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require permitting Tenant to surrender hold-over in possession of the Premises Property, or any portion thereof, after the Expiration Date. All damages to Landlord as provided in this Lease upon expiration or other termination by reason of this Lease. The provisions such holding-over by Tenant may be the subject of this (P) 27 shall a separate action and need not be considered to limit or constitute a waiver of asserted by Landlord in any other rights or remedies of Landlord provided in this Lease or at lawsummary proceedings against Xxxxxx.

Holdover. If Tenant with shall, without the written consent of Landlord's consent remains in possession of , hold over after the Premises after expiration of the Lease Term or (hereinafter, an "unauthorized holdover"), Tenant shall be deemed to be a tenant at sufferance, which tenancy may be terminated immediately by Landlord as provided by applicable state law. During any such holdover tenancy, unless Landlord has otherwise agreed inlwriting, Tenant agrees to pay to Landlord an occupancy charge equal to (A) 125% of the stated monthly Base Rent for the last full month of the Lease Term then ending, calculated on xxxx xxxx basis, for each day of the first (15t) month of such holdover, (B) 150% of the stated monthly Base Rent for the last full month of the Lease Term then ending, calculated on xxxx xxxx basis, for each day of the second (2nd) and third (3rd) months of such holdover, (C) 200% of the stated monthly Base Rent for the last full month of the Lease Term then ending, calculated on xxxx xxxx basis, for each day after the date first three (3) months of such holdover, and (D) one hundred percent (100%) of the additional rent which would have been payable by Tenant for the period of such holdover, calculated on a per diem basis using the additional rent which had otherwise been payable by Tenant for the last full month of the Lease Term then ending. Such payments shall be made (in any notice given arrears) within ten (10) days after Landlord's demand, and in no event less often than once per month. In the case of a holdover which has been consented to by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.in writing, such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party tenant upon all of the terms and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay the monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding as agreed by Landlord and Tenant with respect to such consented holdover. Upon expiration of the Lease Term for as provided herein, Tenant shall not be entitled to any notice to quit, the first thirty (30) days of usual notice to quit being hereby expressly waived under such holdovercircumstances, and two hundred percent (200%) of such Base Rent thereafter during Tenant shall surrender the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination ~remises on the last day of the Lease Term shall not constitute a consent to a holdover hereunder or result as provided in a renewalSection 26, above. The foregoing provisions of this (P) 27 are described holdover occupancy charge is in addition to to, and do not affect Landlord's right of re-entry in lieu of, any other claims for damages which Landlord may have or assert against Tenant in connection with any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlordunauthorized holdover, Tenant shall indemnify and hold Landlord harmless from all loss or liability including any claims arising out of Tenant's indemnity under Section 26, above, and acceptance of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (Poccupancy charge(s) 27 shall not be construed as implied a consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.such holdover .. 55

Holdover. If 28.01. (a) The parties recognize that, in the case of an Early Termination, the damage to Landlord resulting from any failure by Tenant with Landlord's consent remains in to timely surrender possession of the Leased Premises after expiration will be substantial, will exceed the amount of the Term monthly installments of the Base Rent payable hereunder, and will be impossible to measure accurately. Tenant therefore agrees that if possession of the Leased Premises is not surrendered to Landlord in the event of Early Termination of the Agreement, in addition to any other rights or after the date in any notice given by remedies Landlord to Tenant terminating this Lease pursuant to (P) 17. may have hereunder or (P) 18.at law, such possession by Tenant shall be deemed pay to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this LeaseLandlord, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basisas liquidated damages, for each month or part thereof (without reduction and for each portion of any partial month) that month during which Tenant remains holds over in possessionthe Leased Premises after such Early Termination of the Agreement, in an amount a sum equal to one hundred fifty percent (150%) of the Base Rent aggregate of that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) portion of the Base Rent (plus actual Additional Rent if any) that was in effect for payable under this Agreement during the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by lawAgreement. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 Nothing herein contained shall be construed as implied consent by Landlord deemed to any holding over by Tenant. Landlord expressly reserves the right to require permit Tenant to surrender retain possession of the Leased Premises to Landlord as provided in this Lease upon expiration or other termination after such Early Termination of this Leasethe Agreement. The provisions of this (P) 27 Article shall survive after an Early Termination of this Agreement. Tenant’s occupancy subsequent to an Early Termination of this Agreement, whether or not with the consent or acquiescence of Landlord, shall be considered deemed to limit be that of a tenancy-at will and in no event from month-to-month or constitute year-to-year and it shall be subject to all terms, covenants and conditions of this Agreement applicable thereto, including, without limitation, those set forth in this Article. In the event Tenant defaults or remains in possession of the Leased Premises or any part thereof after an Early Termination of the tenancy-at-will created hereby then Tenant’s occupancy shall be deemed a waiver tenancy-at-sufferance and not a tenancy-at-will. If Tenant shall holdover as aforesaid, and if Landlord shall desire to regain possession of the Leased Premises, then at any time prior to Landlord’s acceptance of any other rights or remedies Rent from Tenant for a specific time period, Landlord, at its option, may forthwith re-enter and take possession of Landlord provided the Leased Premises: (a) without process; and (b) by any legal process available in this Lease or at lawthe Town of New Scotland, Albany County, New York.

Holdover. If Tenant with Landlord's consent remains in vacant and exclusive possession of the Premises after expiration is not surrendered to Landlord on the Expiration Date, then Tenant shall pay to Landlord on account of use and occupancy of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basisPremises, for each month (or part thereof any portion thereof) during which Tenant (without reduction for any partial monthor a Person claiming by, through or under Tenant) that Tenant remains holds over in possessionthe Premises after the Expiration Date, in an amount equal to one hundred fifty percent (150%) of the Base Rent aggregate Rental that was in effect for payable under this Lease during the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, except that Tenant shall become a Tenant at sufferance only with a continuing obligation pay an amount equal to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter the aggregate Rental that was payable under this Lease during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination last month of the Term for the period commencing on the sixtieth (60th) day of such holdover period. Landlord’s right to collect such amount from Tenant for use and occupancy shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are be in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies that Landlord may have hereunder or at law or in equity (including, without limitation, Landlord’s right to recover Landlord’s damages from Tenant that derive from vacant and exclusive possession of the Premises not being surrendered to Landlord provided on the Expiration Date); provided, however, that Landlord shall not have the right to recover such damages unless Tenant’s holdover extends for more than sixty (60) days. Nothing contained in this Lease Section 27.2 shall permit Tenant to retain possession of the Premises after the Expiration Date or at law.limit in any manner Landlord’s right to regain possession of the Premises, through summary proceedings or otherwise. Landlord’s acceptance of any payments from Tenant after the Expiration Date shall be deemed to be on account of the amount to be paid by Tenant in accordance with the provisions of this Article 27. 128

Holdover. If Tenant Subtenant shall have no right to hold over in the Subleased Premises beyond the Expiration Date, and Subtenant hereby waives all such rights. Subtenant acknowledges that it is critical that Subtenant surrender the Subleased Premises on or before the Expiration Date of this Sublease in accordance with Landlord's consent remains the terms of this Sublease. Accordingly, Subtenant shall indemnify, defend and hold harmless Sublandlord from and against all losses, costs, claims, liabilities and damages resulting from Subtenant’s failure to surrender the Subleased Premises on the Expiration Date in possession the condition required under the terms of this Sublease (including, without limitation, any liability or damages sustained by Sublandlord as a result of a holdover of the Subleased Premises by Sublandlord occasioned by the holdover of the Subleased Premises by Subtenant). If Subtenant holds over after the expiration of the Term of this Sublease or after earlier termination thereof, with or without the date express or implied consent of Sublandlord, such tenancy shall be from month-to- month only, and shall not constitute a renewal hereof or an extension for any further term, and in any notice given by Landlord to Tenant terminating this Lease pursuant such case Rent shall be payable at a monthly rate equal to (Pi) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for applicable during the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination rental period of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term under this Sublease for the first thirty (301st) days month of such holdover, and (ii) two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdoverthereafter. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of reSuch month-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 to-month tenancy shall be construed as implied consent by Landlord subject to every other applicable term, covenant and agreement contained herein. In addition, Subtenant shall pay Sublandlord one hundred percent (100%) of Additional Rent payable hereunder for any holding over by Tenant. Landlord expressly reserves period from the right to require Tenant to surrender possession of Expiration Date through the date Subtenant surrenders the Subleased Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawthe condition required hereunder.

Holdover. If Tenant with Landlord's consent remains in the Premises after the termination or expiration of the Term, such holding over shall be as a tenant at sufferance at a rent equal to (x) for the first ninety (90) days after the termination or expiration of the Term, one and one-half times the Annual Fixed Rent due hereunder for the last month of the Term and (y) thereafter the greater of (i) one and one-half times the Annual Fixed Rent due hereunder for the last month of the Term and (ii) the fair market rent for the Premises, and otherwise subject to all the covenants and conditions (including obligations to pay Additional Rent under Section 2.6) of this Lease. Notwithstanding the foregoing, if Landlord desires to regain possession of the Premises after the termination or expiration hereof, Landlord may, at its option, re-enter and take possession of the Term Premises or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given part thereof at any time thereafter or by either party and all provisions any legal process in force in the state in which the Premises are located. If the Tenant renegotiates a new term with the Landlord of this Lease whether in the Premises or at another location in the Building within 120 days after the expiration of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains all rents in possession, in an amount equal to one hundred fifty percent (150%) excess of the Base Rent that was in effect for new rate, paid during the last full calendar month immediately preceding expiration hold over period, will be applied as a credit to the new lease. Notwithstanding the establishment of the Term. If Tenant holds over after any tenancy at sufferance following the expiration or earlier termination of the Term hereofTerm, without if Tenant fails promptly to vacate the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that Premises upon the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term Term, and such failure continues for thirty (30) days after notice from Landlord to Tenant to vacate the Premises, Tenant shall not constitute a consent to a holdover hereunder save Landlord harmless, indemnify and defend Landlord against any claim, loss, cost or result in a renewal. The foregoing provisions expense (including reasonable attorneys' fees by counsel of this (P) 27 are in addition to and do not affect Landlord's right choice and consequential damages) arising out of re-entry Tenant's failure promptly to vacate the Premises (or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails portion thereof) prior to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this thirty (P30) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawday period.

Holdover. If Except as expressly provided in the next paragraph below, Tenant with Landlord's consent remains in shall have no right to holdover possession of the Premises after the expiration or termination of the Term or Lease without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. If, however, Tenant retains possession of any part of the Premises after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.Term, such possession by Tenant shall be deemed to be become a month to month tenancy cancelable by either party on thirty (30) days written notice given tenant at any time by either party and sufferance for the entire Premises upon all provisions of the terms of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and that Tenant shall thereafter pay monthly all of Base Rent and Operating Cost Share Rent at double the rate in effect immediately prior to such holdover, computed on a per- month basis, monthly basis for each full or partial month or part thereof (without reduction for any partial month) that Tenant remains in possession. Tenant shall also pay Landlord all of Landlord’s direct and consequential damages resulting from Tenant’s holdover. No acceptance of Rent or other payments by Landlord under these holdover provisions shall operate as a waiver of Landlord’s right to regain possession or any other of Landlord’s remedies. Notwithstanding the foregoing, in an amount equal to one hundred fifty percent (150%) Landlord agrees that Tenant may holdover possession of the Base Rent that was in effect Premises for the last full calendar up to three (3) one-month immediately preceding expiration of the Term. If Tenant holds over periods after the expiration or earlier termination stated end of the Term hereofunder Section 10 of the Schedule provided: (A) Tenant provides at least six (6) months prior written notice before the Termination Date of Tenant’s election to holdover and the number of months (not exceeding three (3)) for which Tenant’s election applies (the “Holdover Period”) and (B) all terms and provisions of this Lease shall fully apply to the Holdover Period, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the except Base Rent shall be one hundred fifty twenty percent (150120%) of the Base Rent that was rate in effect for immediately prior to the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawTermination Date.

Holdover. If 34.01. (a) In the event this lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant with Landlordshall then hold over after the expiration of the term of this lease, and if Landlord shall then not proceed to remove Tenant from the Premises in the manner permitted by law (or shall not have given written notice to Tenant that Tenant must vacate the Premises) irrespective of whether or not Landlord accepts rent from Tenant for a period beyond the Expiration Date, the parties hereby agree that Tenant's consent remains in possession occupancy of the Premises after the expiration of the Term or term shall be under a month-to-month tenancy commencing on the first day after the date expiration of the term of this lease, which tenancy shall be upon all of the terms set forth in any notice given this lease except Tenant shall pay on the first day of each month of the holdover period as Fixed Rent, an amount equal to the product obtained by multiplying (i) the greater of (A) one-twelfth of the sum of the Fixed Rent and Additional Charges payable by Tenant during the last year of the term of this lease (I.E., the year immediately prior to the holdover period) or (B) an amount equal to the then market rental value for the Premises, taking into account all relevant factors, by (ii) one hundred fifty (150%) percent for the first two months of such month-to-month tenancy, one hundred seventy-five (175%) percent for the next two months of such month-to-month tenancy, and two hundred (200%) percent thereafter. Tenant may dispute such market rental value for the Premises as estimated by Landlord by giving notice to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.Landlord within, such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on but in no event after, thirty (30) days written after the giving of Landlord's notice given at any to Tenant (as to the giving of which notice to Landlord, time by either party and all provisions shall be deemed of this Leasethe essence). Enclosed with such notice, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on be required to furnish to Landlord the written opinion of a per- month basisreputable New York licensed real estate broker having leasing experience in the Borough of Manhattan, for each month or part thereof a period of not less than ten (without reduction for any partial month10) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) years setting forth said broker's good faith opinion of the Base Rent that was in effect for the last full calendar month immediately preceding expiration market rental value of the TermPremises. If Tenant holds over after and Landlord are unable to resolve any such dispute as to the expiration or earlier termination market rental value for the Premises then such dispute shall be resolved by an independent arbitrator who shall be a real estate broker of similar qualifications and shall be selected from a listing of not less than three (3) brokers furnished by the Manhattan office of the Term hereofAAA (or any successor thereto) to Tenant and Landlord (at the request of either Landlord or Tenant). If Landlord and Tenant are unable to agree upon the selection of the individual arbitrator from such listing, without then the consent first arbitrator so listed by the Manhattan office of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent AAA (or any successor thereto) shall be one hundred fifty percent (150%) conclusively presumed to have been selected by both Landlord and Tenant and the decision of such arbitrator shall be conclusive and binding upon the parties as to the market rental value for the Premises. Pending the determination of the Base Rent that was in effect for the last full calendar month immediately preceding expiration market rental value of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of the term of this Lease despite demand to do so by Landlordlease, Tenant shall indemnify and hold pay to Landlord harmless from all loss as Fixed Rent an amount computed in accordance with clause (A) or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision (B) of this Section 34.01(a) (P) 27 as Landlord shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves then elect), and upon determination of the right to require Tenant to surrender possession market rental value of the Premises in accordance with the preceding provisions hereof appropriate adjustments and payments shall be effected. In the event that Landlord shall -140- have elected to charge Tenant Fixed Rent in an amount computed in accordance with clause (B) of this Section 34.01(a), then that portion of such Fixed Rent (herein called the "HOLDOVER STUB AMOUNT") that is the difference between (1) the Fixed Rent computed in accordance with clause (B) of this Section 34.01(a) and (2) the Fixed Rent computed in accordance with clause (A) of this Section 34.01(a), shall be held in escrow by a reputable law firm designated by Landlord pending the determination of the market rental value of the Premises in accordance with the preceding provisions hereof, and any interest earned on such Holdover Stub Amount shall be added to and follow that portion of the Holdover Stub Amount that is paid to Landlord as provided and/or Tenant in this Lease upon expiration or other termination accordance with the decision of this Leasethe arbitrator making such determination. The provisions of this (P) 27 Further, Landlord shall not be considered required to limit perform any work, furnish any materials or constitute a waiver make any repairs within the Premises during the holdover period. It is further stipulated and agreed that if Landlord shall, at any time after the expiration of the original term of this lease or after the expiration of any other rights or remedies term created thereafter, proceed to remove Tenant from the Premises as a holdover, the Fixed Rent for the use and occupancy of Landlord provided the Premises during any holdover period shall be calculated in this Lease or at lawthe same manner as set forth above.

Holdover. If In the event Tenant with Landlord's consent remains in possession of the Premises after expiration the Expiration Date or sooner termination of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.and without the execution of a new lease, such possession by Tenant shall be deemed to be a Tenant at will from month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party month, subject to all the conditions of this Lease except for the provision regarding the payment of Minimum Base Rent and all provisions additional rent. The parties recognize and agree that the damage to Landlord resulting from any failure by Txxxxx to timely surrender possession of the Premises may be substantial, likely would exceed the amount of the monthly installments of the Minimum Base Rent and all additional rent payable under this Lease, and will be impossible to measure accurately. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord upon the expiration date or sooner termination of this Lease, except those pertaining in addition to Termany other rights or remedies Landlord may have under this Lease or at law, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basisto Landlord, without demand therefor as liquidated damages, for each month or part thereof (without reduction and for each portion of any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If during which Tenant holds over in the Premises after the expiration date or earlier sooner termination of this Lease, a sum equal to two (2) times the Term hereof, without aggregate of that portion of the consent Minimum Base Rent and all additional rent that was payable under this Lease during the last month of Landlord, the Lease Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the expiration date or sooner termination of this Lease. Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdoverdefend, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlordindemnify, Tenant shall indemnify and hold Landlord harmless from any and all loss or liability arising out liabilities, loss, cost and expense of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent every kind suffered by Landlord to any as a result of Txxxxx's holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Leaseover. The provisions of this (P) 27 paragraph shall not be considered to limit survive the expiration date or constitute a waiver sooner termination of any other rights or remedies of Landlord provided in this Lease or at lawLease.

Holdover. If 34.01. (a) In the event this lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant with Landlord's consent shall then hold over after the expiration of the Term (it being agreed that Tenant shall not be deemed holding over by the mere fact that Tenant’s Property remains in possession the Premises after the expiration of the Term), the parties hereby agree that Tenant’s occupancy of the Premises after the expiration of the Term or term shall be a tenancy at will commencing on the first day after the date expiration of the Term, which tenancy shall be upon all of the terms set forth in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by lease except Tenant shall be deemed to be a pay on the first day of each month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base the holdover period as Fixed Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) the product obtained by multiplying one-twelfth of the Base Fixed Rent that was in effect for payable by Tenant during the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination year of the Term hereof(i.e., without the consent of Landlordyear immediately prior to the holdover period) prorated for any partial month on a per diem basis, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be by (ii) one hundred fifty percent twenty-five (150125%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term percent for the first thirty (30) days of such holdover, and two one hundred percent fifty (200150%) of such Base Rent thereafter during percent for the pendency next thirty (30) days of such holdover, and one hundred seventy-five (175%) percent thereafter. Acceptance by It is further stipulated and agreed that if Landlord of Rent shall, at any time after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand the Term, proceed to do so by Landlordremove Tenant from the Premises as a holdover, Tenant shall indemnify the Fixed Rent for the use and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession occupancy of the Premises to Landlord during any holdover period shall be calculated in the same manner as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawset forth above.

Holdover. If 34.01. (a) In the event this Lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant with Landlordshall then hold over after the expiration of the term of this Lease, and if Landlord shall then not proceed to remove Tenant from the Premises in the manner permitted by law (or shall not have given written notice to Tenant that Tenant must vacate the Premises) irrespective of whether or not Landlord accepts rent from Tenant for a period beyond the Expiration Date, the parties hereby agree that Tenant's consent remains in possession occupancy of the Premises after the expiration of the Term or term shall be under a month-to-month tenancy commencing on the first day after the date expiration of the term, which tenancy shall be upon all of the terms set forth in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by except Tenant shall be deemed to be a pay on the first day of each month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base the holdover period as Fixed Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof an amount equal to the higher of (without reduction for any partial monthi) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) and one-half times one-twelfth of the Base sum of: (a) the Fixed Rent that was in effect and Additional Charges payable by Tenant during the last year of the term of this Lease (i.e., the year immediately prior to the holdover period) or (ii) an amount equal to the then market rental value for the last full calendar month immediately preceding expiration Premises as shall be established by Landlord giving notice to Tenant of Landlord's good faith estimate of such market rental value. Tenant may dispute such market rental value for the Premises as estimated by Landlord by giving notice to Landlord within but in no event after twenty (20) days after the giving of Landlord's notice to Tenant (as to the giving of which notice to Landlord, time shall be deemed of the Termessence). Enclosed with such notice, Tenant shall be required to furnish to Landlord the written opinion of a reputable New York licensed real estate broker having leasing experience in the Borough of Manhattan, for a period of not less than ten (10) years setting forth said broker's good faith opinion of the market rental value of the Premises. If Tenant holds over after and Landlord are unable to resolve any such dispute as to the expiration market rental value for the Premises then an independent arbitrator who shall be a real estate broker of similar qualifications and shall be selected from a listing of not less than three (3) brokers furnished by the American Arbitration Association (or earlier termination any successor thereto) to Tenant and Landlord (at the request of either Landlord or Tenant). If Landlord and Tenant are unable to agree upon the selection of the Term hereofindividual arbitrator from such listing, without then the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that first arbitrator so listed by the Base Rent American Arbitration Association (or any successor thereto) shall be one hundred fifty percent (150%) conclusively presumed to have been selected by both Landlord and Tenant and the decision of such arbitrator shall be conclusive and binding upon the parties as to the market rental value for the Premises. Pending the determination of the Base Rent that was in effect for the last full calendar month immediately preceding expiration market rental value of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of the term of this Lease despite demand to do so by LandlordLease, Tenant shall indemnify and hold pay to Landlord harmless from all loss as Fixed Rent an amount computed in accordance with clauses (i) or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision (ii) of this subsection 34.01(a) (P) 27 as Landlord shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves then elect), and upon determination of the right to require Tenant to surrender possession market rental value of the Premises in accordance with the preceding provisions hereof appropriate adjustments and payments shall be effected. Further, Landlord shall not be required to perform any work, furnish any materials or make any repairs within the Premises during the holdover period. It is further stipulated and agreed that if Landlord shall, at any time after the expiration of the original term or after the expiration of any term created thereafter, proceed to remove Tenant from the Premises as a holdover, the Fixed Rent for the use and occupancy of the Premises during any holdover period shall be calculated in the same manner as set forth above. In addition to the 76 77 foregoing, Landlord shall be entitled to recover from Tenant any losses or damages arising from such holdover as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (PSection 34.01(c) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawhereof.

Holdover. If Tenant with Landlord's consent remains in possession of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from and against all loss costs, claims, loss, or liability arising out of such failureresulting from delay by Tenant in surrendering the Leased Premises, including including, without limitation, any claim claims made by any succeeding tenant founded on or such delay. The parties recognize and agree that the damage to Landlord resulting from therefrom may be substantial, could exceed the amount of the Minimum Rent payable under this Lease, and could be impossible to measure accurately. Tenant therefore agrees that if Landlord suffers such damages due to Tenant's failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender deliver possession of the Leased Premises within twenty-four (24) hours after the date of the expiration or termination of the Term, then Tenant shall pay, for each month and for each portion of any month during which Tenant holds over in the Leased Premises after the expiration or termination of the Term, 1.5 times the aggregate of that portion of the Minimum Rent which was payable under this Lease during the last month of the Term; however, Tenant may with the consent of the Landlord, holdover in the Leased Premises for a term not to exceed ninety (90) days at 1.035 times the aggregate of that portion of the Minimum Rent which was payable under this Lease during the last month of the Term. If, at the expiration of the ninety (90) day Landlord as provided agreed holdover period, Tenant has not vacated the Leased Premises and delivered possession to Landlord, or executed a new lease with Landlord, Tenant shall pay 1.5 times the aggregate of that portion of the Minimum Rent which was payable under the Lease during the last month of the Term. Nothing contained in this Lease upon shall be deemed to permit Tenant to retain possession of the Leased Premises after the expiration or other termination of this Leasethe Term. The provisions of this (P) 27 Section shall not be considered to limit survive the expiration or constitute a waiver termination of any other rights or remedies of Landlord provided in this Lease or at lawthe Term.

Holdover. If Tenant with Landlord's consent remains in possession of Sublessee fails to surrender the Additional Subleased Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given portion thereof at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereofTerm, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided then it will be conclusively presumed that the Base value to Sublessee of remaining in possession, and the loss that will be suffered by Sublessor as a result thereof, far exceed the Rent shall be one hundred fifty percent (150%) of the Base Rent and additional rent that was in effect for the last full calendar month immediately preceding expiration of would have been payable had the Term for continued during such holdover period. Therefore, if Sublessee (or anyone claiming through Sublessee) does not immediately surrender the first thirty (30) days of such holdover, and two hundred percent (200%) of such Base Rent thereafter during Additional Subleased Premises or any portion thereof upon the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term Term, then the rent payable by Sublessee shall not constitute be increased to two (2) times then-applicable base rent for the Additional Subleased Premises as set forth in the Prime Lease. Such rent shall be computed by Sublessor and paid by Sublessee on a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to monthly basis and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender shall be payable on the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out first day of such failure, including without limitation, holdover period and the first day of each calendar month thereafter during such holdover period until the Additional Subleased Premises have been vacated. Notwithstanding any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No other provision of this (P) 27 Sublease, Sublessor’s [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. acceptance of such rent shall not in any manner adversely affect Sublessor’s other rights and remedies, including Sublessor’s right to evict Sublessee and to recover all damages. Any such holdover shall be deemed to be a 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 Term, and nothing contained herein shall be construed as implied to constitute Sublessor’s consent by Landlord to any holding over by Tenant. Landlord expressly reserves the holdover or to give Sublessee any right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawwith respect thereto.

Holdover. If Tenant with shall, without the written consent of Landlord's consent remains in possession of , hold over after the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18.Term, such possession by Tenant shall be deemed a tenant at sufferance, which tenancy may be terminated as provided by applicable state law. During any holdover tenancy (whether or not consented to be by Landlord), unless Landlord has otherwise agreed in writing, Tenant agrees to pay to Landlord, a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount per diem occupancy charge equal to one hundred fifty percent (150%) of the per 39 diem Base Rent that and Additional Rent as was in effect under this Lease for the last full calendar month immediately preceding expiration of the Lease Term. If Tenant holds over Such payments shall be made within five (5) days after Landlord's demand, and in no event less often than once per month (in advance). In the expiration or earlier termination case of the Term hereofa holdover which has been consented to by Landlord, without the consent of Landlordunless otherwise agreed to in writing by Landlord and Tenant, Tenant shall become a Tenant at sufferance only with a continuing obligation give to pay Rent provided that the Base Rent shall be one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term for the first Landlord thirty (30) days prior written notice of such holdoverany intention to quit the Premises, and two hundred percent Tenant shall be entitled to thirty (200%30) days prior written notice to quit the Premises, except in the event of such non-payment of Base Rent thereafter during or Additional Rent in advance or the pendency breach of such holdoverany other covenant or the existence of a Default. Acceptance by Landlord of Rent after Upon expiration or earlier termination of the Lease Term as provided herein, Tenant shall not constitute a consent be entitled to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition any notice to quit, the usual notice to quit being hereby expressly waived under such circumstances, and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to shall surrender the Premises upon on the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession last day of the Premises to Landlord Lease Term as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawSection 26, above.

Holdover. If Tenant with Landlord's consent remains in vacant and exclusive possession of the Sub-Subleased Premises after expiration of is not surrendered to Sub-Sublandlord in accordance with the Term or after the date in any notice given by Landlord to Tenant terminating this Lease pursuant to (P) 17. or (P) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed Sub Sublease on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to one hundred fifty percent (150%) of the Base Rent that was in effect for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereofthis Sub-Sublease, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent Sub-Sublandlord shall be one hundred fifty percent entitled to immediately reenter the Sub-Subleased Premises and dispossess Sub-Subtenant (150%and/or any person claiming by, through or under Sub-Subtenant). In the event of any such holding over, Sub-Subtenant shall pay as holdover rent or use and occupancy for each month (or portion thereof) of the Base Rent that was holdover tenancy an amount calculated in effect for the last full calendar month immediately preceding expiration accordance with Article 20 of the Term Sublease (it being acknowledged and agreed that for purposes of the first thirty foregoing, the term “Base Rent” shall mean the annual Fixed Rent hereunder), subject to all of the other terms of this Sub-Sublease insofar as the same are applicable to such holdover tenancy. The acceptance of any such use and occupancy payment paid by Sub-Subtenant pursuant to this Section 19 shall in no event preclude Sub-Sublandlord from commencing and prosecuting a holdover or summary eviction proceeding. In addition Sub-Subtenant shall indemnify and shall save Sub-Sublandlord harmless from and against all costs, claims, loss or liability resulting from the failure of Sub Subtenant to surrender the Sub-Subleased Premises on the Expiration Date or sooner termination of the Sublease, including, without limitation, any amounts payable by Sub-Sublandlord pursuant to Article 20 of the Sublease or under any indemnity contained in the Sublease. Nothing contained in this Section 19 shall (30i) days imply any right of such holdoverSub-Subtenant to remain in the Sub Subleased Premises after the termination of this Sub-Sublease without the execution of a new lease, and two hundred percent (200%ii) imply any obligation of such Base Rent thereafter during Sub-Sublandlord to grant a new lease or (iii) be construed to limit any right or remedy that Sub-Sublandlord has against Sub-Subtenant as a holdover tenant or trespasser. The provisions of this Section 19 shall survive the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of reSub-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawSublease.

Holdover. If Tenant with Landlord's consent remains in possession of the Premises after the termination or expiration of the Term or after the date in any notice given by Term, such holding over shall be, except as Landlord to Tenant terminating this Lease may elect pursuant to the next sentence, as a tenant at sufferance at a monthly fixed rent (P“Holdover Rent”) 17. or equal to (Pa) 18., such possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty for the first sixty (3060) days written notice given at any time by either party and all provisions of this Leasesuch holdover, except those pertaining to Term, renewal options and Base Rent, shall apply and Tenant shall thereafter pay monthly Base Rent computed on a per- month basis, for each month or part thereof (without reduction for any partial month) that Tenant remains in possession, in an amount equal to the greater of one hundred fifty percent (150%) of the Base Annual Fixed Rent that was in effect due hereunder for the last full calendar month immediately preceding expiration of the Term. If Tenant holds over after the expiration or earlier termination of the Term hereof, without the consent of Landlord, Tenant shall become a Tenant at sufferance only with a continuing obligation to pay Rent provided that the Base Rent shall be or one hundred fifty percent (150%) of the Base rent being obtained by Landlord for comparable space in Phase 2 at the time of the termination or expiration of the Term, and (b) thereafter, the greater of twice the Annual Fixed Rent that was in effect due hereunder for the last full calendar month immediately preceding of the Term or twice the rent being obtained by Landlord for comparable space in Phase 2 at the time of the termination or expiration of the Term, and otherwise subject to all the covenants and conditions (including obligations to pay additional charges under Section 2.6) of this Lease as though it had originally been a monthly tenancy. Notwithstanding the foregoing, if Landlord desires to regain possession of the Premises at any time after the termination or expiration of the Term for hereof, Landlord may, at its option, forthwith re-enter and take possession of the first thirty (30) days Premises or any part thereof without process or by any legal process in force in The Commonwealth of such holdover, and two hundred percent (200%) Massachusetts. Notwithstanding the establishment of such Base Rent thereafter during any holdover tenancy following the pendency of such holdover. Acceptance by Landlord of Rent after expiration or earlier termination of the Term shall not constitute a consent to a holdover hereunder or result in a renewal. The foregoing provisions of this (P) 27 are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Term, if Tenant fails promptly to surrender vacate the Premises upon within thirty (30) days after the expiration or earlier termination of this Lease despite demand to do so by Landlordthe Term, Tenant shall indemnify and hold Landlord harmless from all loss and against any claim, loss, cost or liability expense (including reasonable attorneys’ fees) arising out of such failure, including without limitation, any claim made by any succeeding tenant founded on or resulting from such Tenant’s failure promptly to surrender. No provision of this (P) 27 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of vacate the Premises to Landlord as provided in this Lease upon expiration (or other termination of this Lease. The provisions of this (P) 27 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at lawportion thereof).