Common use of Hold Over Clause in Contracts

Hold Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Lease Term without the express written consent of Landlord, then, in addition to all other remedies available to Landlord, Tenant shall become a tenant at sufferance only, upon the terms and conditions set forth in this Lease so far as applicable (including Tenant's obligation to pay all Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to one hundred fifty percent (150%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of such expiration or earlier termination. Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute a consent to a hold over hereunder or result in an extension of this Lease. Notwithstanding the foregoing, if Tenant remains in possession of the Premises after the expiration or earlier termination of the Lease Term with Landlord's express written consent, Tenant shall become a tenant from month-to-month upon the terms and conditions set forth in this Lease (including Tenant's obligation to pay all Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to one hundred ten percent (110%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of such expiration or earlier termination during the first thirty (30) days of holdover and commencing on the 31st day of holdover, one hundred fifty percent (150%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of expiration or earlier termination. Tenant shall pay an entire month's Monthly Basic Rent calculated in accordance with this Section 9.2 for any portion of a month it holds over and remains in possession of the Premises pursuant to this Section 9.2. This Section 9.2 shall not be construed to create any express or implied right to holdover beyond the expiration of the Lease Term or any extension thereof.

Hold Over. If Tenant will not be permitted to hold over possession (or anyone claiming through Tenant) shall remain in occupancy of the Premises or any part thereof after the expiration or early termination of the Term without a written agreement therefor executed and delivered by Landlord, then, without limiting Landlord’s other rights and remedies, the person remaining in possession shall be deemed a tenant at sufferance, and Tenant shall thereafter pay monthly rent (pro rated for such portion of any partial month as Tenant shall remain in possession) at a rate equal to the higher of 125% for the first 30 days, and 150% thereafter, of (x) the Base Rent rate applicable during the last monthly period immediately preceding such expiration or termination or (y) the fair market rent for Base Rent (which shall be determined 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 hold-over, 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 Landlord shall have the right at any time after the expiration or earlier termination of this Lease to enter and possess the Term without Premises and remove all property and persons therefrom or to require Tenant to surrender possession of the express written consent of Landlord, which consent Landlord may withhold Premises as provided in its sole and absolute discretion. If Tenant holds over after this Lease upon the expiration or earlier termination of the Lease Term without Term. If Tenant fails to surrender the express written consent Premises upon the expiration or termination of Landlord, then, in addition to all other remedies available to Landlordthis Lease, Tenant shall become a agrees to indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability, including without limitation, claims made by any succeeding tenant at sufferance only, upon the terms and conditions set forth in this Lease so far as applicable (including Tenant's obligation to pay all Excess Expenses, Excess Real Property Taxes real estate brokers’ claims and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to one hundred fifty percent (150%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of such expiration or earlier terminationattorneys’ fees. Acceptance No acceptance by Landlord of rent after such any Rent during or for any period following the expiration or earlier termination of this Lease shall not constitute a consent to a hold over hereunder operate or result in be construed as an extension or renewal of this Lease. Notwithstanding the foregoing, if Should Tenant remains remain in possession of the Premises after the expiration or earlier termination of the Lease Term with Landlord's express written consent, Tenant shall become on a tenant from month-to-month upon the terms basis with Landlord’s prior and conditions set forth in this Lease (including Tenant's obligation to pay all Excess Expensesexpress written approval, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to one hundred ten percent (110%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of such expiration or earlier termination during the first month-to-month tenancy may be cancelled by either party with thirty (30) days of holdover and commencing on the 31st day of holdoverdays’ prior written notice or such lesser time period as may be permitted by Law. In any case, one hundred fifty percent (150%) of the Monthly Basic Rent applicable Tenant shall be liable to Landlord for all damages actually resulting from any failure by Tenant to vacate the Premises immediately prior to or any portion thereof when required hereunder. The provisions of this Section 3.02 shall survive the date of expiration termination or earlier terminationexpiration of this Lease. Tenant shall pay an entire month's Monthly Basic Rent calculated in accordance with this Section 9.2 for any portion of a month it holds over and remains in possession of the Premises Information redacted pursuant to a confidential treatment request. An unredacted version of this Section 9.2. This Section 9.2 shall not be construed to create any express or implied right to holdover beyond exhibit has been separately filed with the expiration of the Lease Term or any extension thereofCommission.

Hold Over. Tenant will not be permitted Subtenant shall have no right to hold over possession of occupy the Sublease Premises or any portion thereof after the expiration of this Sublease or earlier after the termination of this Sublease or Subtenant's right to possession in the Term without the express written consent event of Landlord, which consent Landlord may withhold in its sole and absolute discretionSubtenant's default hereunder. If Tenant holds over after the expiration or earlier termination of the Lease Term without the express written consent of Landlord, then, in addition to all other remedies available to Landlord, Tenant shall become a tenant at sufferance only, upon the terms and conditions set forth in this Lease so far as applicable (including Tenant's obligation to pay all Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to one hundred fifty percent (150%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of such expiration or earlier termination. Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute a consent to a hold over hereunder or result in an extension of this Lease. Notwithstanding the foregoing, if Tenant Subtenant remains in possession of the Sublease Premises after or any part thereof beyond the expiration Expiration Date or earlier sooner termination of the Lease Term with Landlord's express written consentthis Sublease, Tenant shall become a tenant from month-to-month upon the terms Sublandlord may exercise any and conditions set forth all remedies available to it at law or in this Lease (including Tenant's obligation equity to pay all Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to one hundred ten percent (110%) recover possession of the Monthly Basic Rent applicable Sublease Premises and to recover the Premises immediately prior to "Holdover Rent," and the date of such expiration or earlier termination during the first thirty (30) days of holdover and commencing on the 31st day of holdover, one hundred fifty percent (150%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of expiration or earlier termination"Holdover Expenses," both as defined herein. Tenant shall pay an entire month's Monthly Basic Rent calculated in accordance with this Section 9.2 for any portion of a month it holds over and If Subtenant remains in possession of the Sublease Premises pursuant or any part thereof beyond the Expiration Date or sooner termination of this Sublease, such occupancy shall be a tenancy-at-sufferance and Subtenant shall pay, as minimum damages and not as a penalty, a monthly rental at a rate equal to the holdover rent payable by Sublandlord to Master Landlord under the Master Lease (the "HOLDOVER RENT"). In addition, Subtenant shall indemnify and hold Sublandlord harmless with respect to attorneys' fees and out-of-pocket expenses incurred by reason of or due to Subtenant's holding over (the "HOLDOVER EXPENSES"). The acceptance by Sublandlord of any lesser sum shall be construed as payment on account and not in satisfaction of damages for such holding over. No acceptance by Sublandlord of any rent during or for any period following the expiration or termination of this Sublease shall operate or be construed as an extension or renewal of this Sublease. Subtenant acknowledges that it is critical that Subtenant surrender the Sublease Premises on or before the Expiration Date in accordance with the terms of this Sublease. Subtenant expressly waives, for itself and for any person claiming through or under Subtenant, any rights that Subtenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any similar or successor law of same import then in force, in connection with any holdover proceedings that Sublandlord may institute to enforce the provisions of this Section 9.2. This Section 9.2 shall not be construed to create any express or implied right to holdover beyond the expiration of the Lease Term or any extension thereof17.

Hold Over. Tenant will The parties hereby acknowledge that the expiration date of the Master Lease is July 31, 2018 and that it is therefore critical that Subtenant surrender the Sublease Premises to Sublandlord not be permitted to hold over later than the Expiration Date in accordance with terms hereof. If Subtenant holds possession of the Sublease Premises or any portion thereof after the expiration or earlier termination of the Sublease Term without the express with Sublandlord’s written consent of Landlordconsent, which consent Landlord may withhold then except as otherwise specified in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Lease Term without the express written consent of Landlordsuch consent, then, in addition to all other remedies available to Landlord, Tenant Subtenant shall become a tenant subtenant from month to month at sufferance only, one hundred ten percent (110%) of Base Rent and Additional Rent and otherwise upon the terms herein specified for the period immediately prior to such holding over and conditions set forth shall continue in this Lease so far as applicable such status until such tenancy is terminated by either party upon not less than thirty (including Tenant's obligation 30) days prior written notice. If Subtenant holds possession of the Sublease Premises or any portion thereof after the Sublease Term without Sublandlord’s written consent, the Sublandlord at its sole discretion may elect (by written notice to pay all Excess ExpensesSubtenant) to have Subtenant become a subtenant either from month to month or at will, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to one hundred fifty percent (150%) of Base Rent and Additional Rent (prorated on a daily basis for an at-will tenancy, if applicable) and otherwise upon all the Monthly Basic Rent applicable to terms herein specified for the Premises period immediately prior to such holding over, or any elect to pursue any and all legal remedies available to Sublandlord under applicable law with respect to an unconsented to holding over by Subtenant. Subtenant shall indemnify, and hold Sublandlord harmless from any loss, damage, claim, liability, cost or expense (including reasonable attorney’s fees) resulting from any delay by Subtenant in surrendering the date Sublease Premises (except to the extent such delay is with Sublandlord’s prior written consent), including, but not limited to, any claims made by a succeeding subtenant by reason of such delay. Acceptance of Rent by Sublandlord following expiration or earlier termination. Acceptance by Landlord termination of rent after such expiration or earlier termination this Sublease shall not constitute a consent to a hold over hereunder or result in an extension renewal of this LeaseSublease. Notwithstanding If Subtenant uses radioactive materials in the foregoingSublease Premises, if Tenant remains then it shall be deemed a holdover tenant, without Sublandlord’s consent, until it has delivered to Sublandlord and Master Landlord a satisfactory letter, executed by all applicable governmental agencies, which letter terminates the radioactive materials license and releases the Sublease Premises for unrestricted use. Nothing in possession the preceding sentence shall abrogate any of the Premises after the expiration or earlier termination provisions of the Lease Term this Sublease with Landlord's express written consent, Tenant shall become a tenant from month-to-month upon the terms and conditions set forth in this Lease (including Tenant's obligation to pay all Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to one hundred ten percent (110%) of the Monthly Basic Rent applicable respect to the Premises immediately prior to use of radioactive materials in the date of such expiration or earlier termination during the first thirty (30) days of holdover and commencing on the 31st day of holdover, one hundred fifty percent (150%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of expiration or earlier termination. Tenant shall pay an entire month's Monthly Basic Rent calculated in accordance with this Section 9.2 for any portion of a month it holds over and remains in possession of the Premises pursuant to this Section 9.2. This Section 9.2 shall not be construed to create any express or implied right to holdover beyond the expiration of the Lease Term or any extension thereofSublease Premises.

Hold Over. Tenant will If Subtenant holds over after the expiration of the Term or earlier termination thereof, such tenancy shall be a tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in such case Base Rent shall be permitted payable at a monthly rate equal to hold (a) 150% of Base Rent and Additional Rent applicable during the last rental period of the Term for any holding over possession during the first ninety (90) days following expiration of the Term or earlier termination thereof, and (b) 175% of Base Rent and Additional Rent applicable during the last rental period of the Term for any holding over subsequent to the holding over period of subsection 22(a). Such tenancy shall be subject to every other applicable term, covenant and agreement contained herein. For purposes of this paragraph holding over shall include (i) Subtenant’s remaining in the Premises after the expiration or earlier termination of the Term without Term, and/or (ii) failing to deliver the express written consent of Landlord, which consent Landlord may withhold Premises in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Lease Term without the express written consent of Landlord, then, in addition to all other remedies available to Landlord, Tenant shall become a tenant at sufferance only, upon the terms and conditions set forth condition required in this Lease so far Sublease or the Prime Lease. Nothing contained in this paragraph shall be construed as applicable (including Tenant's obligation consent by Sublandlord to pay all Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costsany holding over by Subtenant, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal Sublandlord expressly reserves the right to one hundred fifty percent (150%) of the Monthly Basic Rent applicable require Subtenant to the Premises immediately prior to the date of such expiration or earlier termination. Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute a consent to a hold over hereunder or result in an extension of this Lease. Notwithstanding the foregoing, if Tenant remains in surrender possession of the Premises after to Landlord as provided in the Sublease and Prime Lease upon the expiration or earlier other termination of the Lease Term with Landlord's this Sublease. If Subtenant holds over without Sublandlord’s express written consent, Tenant and tenders payment of rent for any period beyond the expiration of the Term by way of check (whether directly to Sublandlord, its agents, or to a lock box) or wire transfer, Subtenant acknowledges and agrees that the cashing of such check or acceptance of such wire shall become be considered inadvertent and not be construed as creating a tenant from month-to-month upon the terms and conditions set forth in tenancy. The provisions of this Lease (including Tenant's obligation to pay all Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to one hundred ten percent (110%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of such expiration or earlier termination during the first thirty (30) days of holdover and commencing on the 31st day of holdover, one hundred fifty percent (150%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of expiration or earlier termination. Tenant shall pay an entire month's Monthly Basic Rent calculated in accordance with this Section 9.2 for any portion of a month it holds over and remains in possession of the Premises pursuant to this Section 9.2. This Section 9.2 paragraph shall not be construed deemed to create limit or constitute a waiver of any express other rights or implied right remedies of Sublandlord provided herein or at law. If Subtenant fails to holdover beyond surrender the Premises upon the termination or expiration of this Sublease, in addition to any other liabilities to Sublandlord accruing therefrom, Subtenant shall protect, defend, indemnify and hold Sublandlord harmless from all loss, costs (including reasonable attorneys' fees) and liability resulting from such failure, including, without limiting the Lease Term generality of the foregoing, any claims made by Landlord or any extension thereofsucceeding tenant founded upon such failure to surrender and any lost profits to Sublandlord resulting therefrom.

Hold Over. Tenant will not be permitted to Should Sub-lessee hold over possession of the Premises premises after the expiration or earlier termination of Sub-lease has terminated, such hold over shall be deemed merely a tenancy from month to month. Any holdover Rent shall be paid on a prorated per month basis without reduction for partial months during the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Lease Term without the express written consent of Landlord, then, in addition to all other remedies available to Landlord, Tenant shall become a tenant at sufferance only, upon the terms and conditions set forth in this Lease so far as applicable (including Tenant's obligation to pay all Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to one hundred fifty percent (150%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of such expiration or earlier terminationholdover. Acceptance by Landlord Lessor of rent Rent after such expiration or earlier termination shall not constitute a consent to a hold over hereunder or result in an extension of this Lease. Notwithstanding the foregoing, if Tenant remains in possession of the Premises after the expiration or earlier termination of the Lease Term with Landlord's express written consent, Tenant shall become a tenant from monthSub-to-month upon the terms and conditions set forth in this Lease (including Tenant's obligation to pay all Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to one hundred ten percent (110%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of such expiration or earlier termination during the first thirty (30) days of holdover and commencing on the 31st day of holdover, one hundred fifty percent (150%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of expiration or earlier termination. Tenant shall pay an entire month's Monthly Basic Rent calculated in accordance with this Section 9.2 for any portion of a month it holds over and remains in possession of the Premises pursuant to this Section 9.2lease. This Section 9.2 shall not be construed to create any express or implied right to holdover beyond the expiration of the Lease Term or any extension thereof. If Sub-lessee holds over after the expiration or earlier termination of the Term with or without the express written consent of Lessor, then, in addition to all other remedies available to Lessor, Sub-lessee shall be liable, and shall pay to Lessor within ten (10) days after demand, for all losses incurred by Lessor as a result of such holdover, and shall indemnify, defend and hold Lessor and the Lessor’s Parties harmless from and against all liabilities, damages, losses, claims, suits, costs and expenses (including reasonable attorneys' fees and costs) arising from or relating to any such holdover tenancy, including without limitation, any claim for damages made by a succeeding sub-lessee. Sub-lessee’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Sub-lease. The foregoing provisions of this Section are in addition to, and do not affect, Lessor’s right of re-entry or any other rights of Lessor hereunder or otherwise at law or in equity.

Hold Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant Subtenant holds over after the expiration of the Term or earlier termination of the Lease Term without the express written consent of Landlordthereof, then, in addition to all other remedies available to Landlord, Tenant such tenancy shall become be a tenant tenancy at sufferance only, upon the terms and conditions set forth in this Lease so far as applicable (including Tenant's obligation to pay all Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costssufferance, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to one hundred fifty percent (150%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of such expiration or earlier termination. Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute a consent renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at a monthly rate equal to 150% of Base Rent and Additional Rent applicable during the last rental period of the Term for the first two (2) months following the expiration of the Term, then at a monthly rate equal to 200% of Base Rent and Additional Rent applicable during the last rental period of the Term during any further hold over hereunder or result period beyond two (2) months. Such tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in an extension of this Lease. Notwithstanding paragraph shall be construed as consent by Sublandlord to any holding over by Subtenant, and Sublandlord expressly reserves the foregoing, if Tenant remains in right to require Subtenant to surrender possession of the Subleased Premises after to Landlord as provided in the Sublease and Prime Lease upon the expiration or earlier other termination of the Lease Term with Landlord's this Sublease. If Subtenant holds over without Sublandlord’s express written consent, Tenant and tenders payment of rent for any period beyond the expiration of the Term by way of check (whether directly to Sublandlord, its agents, or to a lock box) or wire transfer, Subtenant acknowledges and agrees that the cashing of such check or acceptance of such wire shall become be considered inadvertent and not be construed as creating a tenant from month-to-month upon the terms and conditions set forth in tenancy. The provisions of this Lease (including Tenant's obligation to pay all Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to one hundred ten percent (110%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of such expiration or earlier termination during the first thirty (30) days of holdover and commencing on the 31st day of holdover, one hundred fifty percent (150%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of expiration or earlier termination. Tenant shall pay an entire month's Monthly Basic Rent calculated in accordance with this Section 9.2 for any portion of a month it holds over and remains in possession of the Premises pursuant to this Section 9.2. This Section 9.2 paragraph shall not be construed deemed to create limit or constitute a waiver of any express other rights or implied right remedies of Sublandlord provided herein or at law. If Subtenant fails to holdover beyond surrender the Subleased Premises upon the termination or expiration of this Sublease, in addition to any other liabilities to Sublandlord accruing therefrom, Subtenant shall protect, defend, indemnify and hold Sublandlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the Lease Term generality of the foregoing, any claims made by Landlord or any extension thereofsucceeding tenant founded upon such failure to surrender and any lost profits to Sublandlord resulting therefrom.

Hold Over. Tenant will not be permitted Subtenant shall have no right to hold over possession of occupy the Sub-Sublease Premises or any portion thereof after the expiration of this Sublease or earlier after the termination of this Sublease or Subtenant’s right to possession in the Term without the express written consent event of Landlord, which consent Landlord may withhold in its sole and absolute discretionSubtenant’s default hereunder. If Tenant holds over after the expiration or earlier termination of the Lease Term without the express written consent of Landlord, then, in addition to all other remedies available to Landlord, Tenant shall become a tenant at sufferance only, upon the terms and conditions set forth in this Lease so far as applicable (including Tenant's obligation to pay all Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to one hundred fifty percent (150%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of such expiration or earlier termination. Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute a consent to a hold over hereunder or result in an extension of this Lease. Notwithstanding the foregoing, if Tenant Subtenant remains in possession of the Sub-Sublease Premises after or any part thereof beyond the expiration Expiration Date or earlier sooner termination of the Lease Term with Landlord's express written consentthis Sublease, Tenant shall become a tenant from monthSub-to-month upon the terms Sublandlord may exercise any and conditions set forth all remedies available to it at law or in this Lease (including Tenant's obligation equity to pay all Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to one hundred ten percent (110%) recover possession of the Monthly Basic Rent applicable Sub-Sublease Premises and to recover the Premises immediately prior to “Holdover Rent,” and the date of such expiration or earlier termination during the first thirty (30) days of holdover and commencing on the 31st day of holdover, one hundred fifty percent (150%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of expiration or earlier termination“Holdover Expenses,” both as defined herein. Tenant shall pay an entire month's Monthly Basic Rent calculated in accordance with this Section 9.2 for any portion of a month it holds over and If Subtenant remains in possession of the Sub-Sublease Premises pursuant or any part thereof beyond the Expiration Date or sooner termination of this Sublease, such occupancy shall be a tenancy-at-sufferance and Subtenant shall pay, as minimum damages and not as a penalty, a monthly rental at a rate equal to the holdover rent payable by Sub-Sublandlord to Master Landlord under the Master Lease (the “Holdover Rent”). In addition, Subtenant shall indemnify and hold Sub-Sublandlord harmless with respect to attorneys’ fees and out-of-pocket expenses incurred by reason of or due to Subtenant’s holding over (the “Holdover Expenses”). The acceptance by Sub-Sublandlord of any lesser sum shall be construed as payment on account and not in satisfaction of damages for such holding over. No acceptance by Sub-Sublandlord of any rent during or for any period following the expiration or termination of this Sublease shall operate or be construed as an extension or renewal of this Sublease. Subtenant acknowledges that it is critical that Subtenant surrender the Sub-Sublease Premises on or before the Expiration Date in accordance with the terms of this Sublease. Subtenant expressly waives, for itself and for any person claiming through or under Subtenant, any rights that Subtenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any similar or successor law of same import then in force, in connection with any holdover proceedings that Sub-Sublandlord may institute to enforce the provisions of this Section 9.2. This Section 9.2 shall not be construed to create any express or implied right to holdover beyond the expiration of the Lease Term or any extension thereof17.

Hold Over. Tenant will not be permitted shall have no right to hold Holdover. Any holding over possession of the Premises after the expiration or earlier termination of the Term Term, without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretionshall constitute a Default. If Tenant holds over after does not surrender and vacate the Premises at expiration or earlier termination of the Lease Term without the express written consent of Landlord, then, in addition to all other remedies available to Landlordthis Lease, Tenant shall become be a tenant at sufferance onlyand the parties having agreed, upon the terms and conditions set forth without limiting Landlord’s remedies provided in this Lease so far Lease, that the daily rental rate shall be the greater of (1) one hundred ten percent (110%) of the fair market rental rate for the Building as applicable determined by Landlord or (including Tenant's obligation to pay all Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to 2) one hundred fifty percent (150%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date last month of such expiration or earlier terminationscheduled rent. Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute a consent to a hold over hereunder or result in an extension of this Lease. Notwithstanding In connection with the foregoing, if Landlord and Tenant remains in possession agree that the reasonable rental value of the Premises after following the expiration or earlier termination of this Lease shall be the Lease Term with Landlord's express written consent, Tenant shall become a tenant from month-to-month upon the terms and conditions amounts set forth in this Lease (including Tenant's obligation to pay all Excess Expensesabove per month. Landlord and Tenant acknowledge and agree that, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to one hundred ten percent (110%) the circumstances existing as of the Monthly Basic Rent applicable Effective Date, it is impracticable and/or extremely difficult to ascertain the reasonable rental value of the Premises immediately prior to on the date of such expiration or earlier termination during of this Lease and that the first thirty (30) days reasonable rental value established herein is a reasonable estimate of holdover the damage that Landlord would suffer as the result of the failure of Tenant to timely surrender possession of the Premises. The parties acknowledge that the liquidated damages established herein is not intended as a forfeiture or penalty within the meaning of California Civil Code sections 3275 or 3369, but is intended to constitute liquidated damages to Landlord pursuant to California Civil Code sections 1671, 1676, and commencing 1677. Notwithstanding the foregoing, and in addition to all other rights and remedies on the 31st day part of holdover, one hundred fifty percent (150%) of the Monthly Basic Rent applicable Landlord if Tenant fails to surrender the Premises immediately prior upon the termination or expiration of this Lease, in addition to the date of expiration or earlier termination. any other liabilities to Landlord accruing therefrom, Tenant shall pay an entire month's Monthly Basic Rent calculated indemnify, protect, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in accordance with this Section 9.2 for so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of a month it holds over and remains in possession of the Premises pursuant to this Section 9.2. This Section 9.2 shall not be construed to create any express or implied right to holdover beyond the expiration of the Lease Term or any extension thereofsuch succeeding tenant, together with, in each case, reasonable attorneys’ fees and costs.

Hold Over. Tenant agrees that it will not be permitted to occupy or retain or allow occupancy or retention by any subtenant of possession of the Premises at any time after the expiration or other termination of the Term, without the prior written consent of Landlord. In the event that Tenant shall hold over after the expiration or other termination of the Term without Landlord's prior written consent, Tenant shall be deemed a tenant at sufferance and Landlord shall have the right to regain possession of the Premises by any legal process in force at such time. In the event Tenant continues to occupy the Premises after the expiration or earlier termination of the Term without Term, Tenant shall pay to Landlord for each month or part of a month that Tenant occupies the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over Premises after the date of expiration or earlier other termination of the Lease Term without the express written consent of LandlordTerm, then, in addition to all other remedies available to Landlord, Tenant shall become a tenant at sufferance only, upon the terms and conditions set forth in this Lease so far as applicable (including Tenant's obligation to pay all Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent an amount equal to (a) (i) for the first two months of such holdover, one hundred fifty twenty-five percent (150125%) of the Monthly Basic monthly installments of Annual Base Rent, Additional Rent applicable to the Premises and any other charges paid on an installment basis being paid immediately prior to the date expiration of the Term, and (ii) for the third month of such expiration or earlier termination. Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute a consent to a hold over hereunder or result in an extension of this Lease. Notwithstanding the foregoing, if Tenant remains in possession of the Premises after the expiration or earlier termination of the Lease Term with Landlord's express written consent, Tenant shall become a tenant from month-to-month upon the terms and conditions set forth in this Lease (including Tenant's obligation to pay all Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to one hundred ten percent (110%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of such expiration or earlier termination during the first thirty (30) days of holdover and commencing on the 31st day of holdovereach month thereafter, one hundred fifty percent (150%) of the Monthly Basic monthly installments of Annual Base Rent, Additional Rent applicable to the Premises and any other charges paid on an installment basis being paid immediately prior to the date expiration of expiration the Term, plus (b) any other Additional Rent or earlier termination. Tenant shall pay an entire month's Monthly Basic Rent calculated charges due, reasonable attorneys' fees, costs, and expenses incurred by Landlord in accordance with this Section 9.2 for any portion of a month it holds over and remains in regaining possession of the Premises pursuant and/or to this Section 9.2recover the foregoing amounts. This Section 9.2 Such liquidated damages for the first calendar month (or part thereof) during the holdover period shall not be construed to create any express or implied right to holdover beyond due and payable on the day immediately following the expiration of the Lease Term, and for each calendar month thereafter during the holdover period, such liquidated damages shall be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such liquidated damages for the entire calendar month in which the holdover period ends shall be deemed earned by Landlord as of the first day of such month, and Tenant shall not be entitled to a refund or reduction of Rent for any such partial month. Holdover occupancy by Tenant shall be subject to all of the terms, covenants, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part or as a part of a larger portion of the Building) to another tenant immediately after the expiration of the Term or earlier termination of this Lease and that any extension thereofholdover by Tenant in the Premises may result in material damages to Landlord (including without limitation, any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant agrees to indemnify, hold harmless and defend Landlord for all damages, losses, expenses and costs (including reasonable attorneys' fees and court costs) that Landlord may suffer as a result of Tenant's holdover use and occupancy of the Premises.

Hold Over. If Tenant will shall not be permitted immediately surrender to hold over Landlord exclusive possession of the Premises after premises on the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination date of the Lease Term without the express written consent hereby created, then Tenant shall, by virtue of Landlordthis Agreement, then, in addition to all other remedies available to Landlord, Tenant shall become a tenant by the month at sufferance onlytwice the Minimum Annual Rent, upon the terms plus [Percentage Rent], additional rent and conditions set forth other charges provided for in this Lease so far as applicable (including Tenant's obligation to pay all Excess ExpensesLease, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to one hundred fifty percent (150%) commencing said monthly tenancy with the first day next after the end of the Monthly Basic Rent applicable term above demised; and said Tenant, as a monthly tenant, shall be subject to all of the Premises immediately prior to the date of such expiration or earlier termination. Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute a consent to a hold over hereunder or result in an extension conditions and covenants of this Lease. Notwithstanding Lease as though the foregoing, if Tenant remains in possession of the Premises after the expiration or earlier termination of the Lease Term with Landlord's express written consent, same had originally been a monthly tenancy; and Tenant shall become a tenant from month-to-month upon the terms and conditions set forth in this Lease (including Tenant's obligation give to pay all Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but Landlord at a Monthly Basic Rent equal to one hundred ten percent (110%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of such expiration or earlier termination during the first least thirty (30) days prior written notice to quit said premises, and Tenant shall be entitled to at least thirty (30) days prior written notice from Landlord to quit said premises, except in the event of holdover and commencing on the 31st day non-payment of holdoverMinimum Annual Rent in advance or of [Percentage Rent] when due or of any other additional rents as provided for in this Lease, one hundred fifty percent (150%) when due, or of the Monthly Basic Rent applicable to the Premises immediately prior to the date breach of expiration or earlier termination. any other covenant by Tenant, in which event Tenant shall pay an entire month's Monthly Basic Rent calculated in accordance with this Section 9.2 for any portion of a month it holds over and remains in possession of the Premises pursuant to this Section 9.2. This Section 9.2 shall not be construed entitled to create any express or implied right notice to holdover beyond quit, the usual thirty (30) days notice to quit being expressly waived by Tenant. However, if Tenant shall hold over after the expiration of the Lease Term term hereby created, and if Landlord shall desire to regain possession of said premises promptly at the expiration of the term aforesaid, then at any time prior to the acceptance of the Minimum Annual Rent by Landlord from Tenant as a monthly tenant hereunder, Landlord, at its election and option, may re-enter and take possession of said premises forthwith, without process, or by any extension thereoflegal action or process in force in the State of Maryland. Tenant's failure to give notice as required in this Article shall obligate Tenant to pay rent calculated as aforesaid for one (1) full calendar month following the month in which it vacated the premises and monthly thereafter as a hold-over tenant aforesaid. Tenant hereby expressly waives the right to any notice required to be given by Landlord pursuant to Section 8-402 of the Real Property Article of the Annotated Code of the State of Maryland, as amended.

Hold Over. Tenant agrees that it will not be permitted to hold over occupy or retain or allow occupancy or retention by any subtenant of possession of the Premises at any time after the expiration or earlier termination of the Term Term, without the express prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If In the event that Tenant holds shall hold over after the expiration or earlier other termination of the Lease Term without the express written consent of Landlord, then, in addition to all other remedies available to Landlord, Tenant shall become a tenant at sufferance only, upon the terms and conditions set forth in this Lease so far as applicable (including Tenant's obligation to pay all Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to one hundred fifty percent (150%) of the Monthly Basic Rent applicable to the Premises immediately ’s prior to the date of such expiration or earlier termination. Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute a consent to a hold over hereunder or result in an extension of this Lease. Notwithstanding the foregoing, if Tenant remains in possession of the Premises after the expiration or earlier termination of the Lease Term with Landlord's express written consent, Tenant shall become be deemed a tenant from month-to-at sufferance and Landlord shall have the right to regain possession of the Premises by any legal process in force at such time. For each month upon or part of a month that Tenant occupies the terms and conditions set forth in this Lease (including Tenant's obligation Premises after the date of expiration or other termination of the Lease, Tenant shall pay to pay all Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent Landlord an amount equal to the sum of (i) for the first sixty (60) days of such holdover, one hundred ten twenty five percent (110125%) of the Monthly Basic monthly installments of Annual Base Rent applicable to the Premises being paid immediately prior to the date expiration of the Term, and following such expiration or earlier termination during the first thirty (30) days of holdover and commencing on the 31st 60-day of holdoverperiod, one hundred fifty percent (150%) of the Monthly Basic monthly installments of Annual Base Rent applicable to the Premises being paid immediately prior to the date expiration of expiration the Term, plus (ii) any other Additional Rent paid on an installment basis, plus (iii) any other Additional Rent or earlier termination. Tenant shall pay an entire month's Monthly Basic Rent calculated charges, including attorneys’ fees, costs, and expenses incurred by Landlord in accordance with this Section 9.2 for any portion of a month it holds over and remains in regaining possession of the Premises pursuant and/or to this Section 9.2recover the foregoing amounts. This Section 9.2 Such amounts payable by Tenant for the first calendar month (or part thereof) during the holdover period shall not be construed to create any express or implied right to holdover beyond due and payable on the day immediately following the expiration of the Lease Term Term, and for each calendar month thereafter during the holdover period, such amounts payable by Tenant shall be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such amounts payable by Tenant for the entire calendar month in which the holdover period ends shall be deemed earned by Landlord as of the first day of such month, and Tenant shall not be entitled to a refund or reduction of Rent for any extension thereofsuch partial month. Holdover occupancy by Tenant shall be subject to all of the terms, covenants, and conditions of this Lease. Without limiting any other provisions of this Section 21, Tenant agrees to indemnify, hold harmless and defend Landlord for all damages (including consequential damages), losses, expenses and costs (including attorneys’ fees and court costs) that Landlord may suffer as a result of Tenant’s holdover use and occupancy of the Premises.