Common use of Holding Over Clause in Contracts

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) a percentage equal to [***] during the first two (2) months immediately following the expiration or earlier termination of the Lease Term, and [***] thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.. ARTICLE 17

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to (i) one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, plus the amount of Additional Rent due hereunder, for the first (1st) month of such holdover, and (ii) two hundred percent (200%) of the Base Rent thereafter, plus the amount of Additional Rent due hereunder. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month onlyat sufferance, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate (prorated on a daily basis) equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, at sufferance shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall shall, to the extent permitted by applicable law, protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, commencing on the date that is sixty (60) days following such holdover, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) a percentage equal to 150% during the first two (2) months immediately following the expiration or earlier termination of the Lease Term, and 200% thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon within thirty (30) days after the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) a percentage equal to 150%. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty twenty-five percent (150125%) of the Base Rent applicable during the last rental period of the Lease Term under this LeaseLease for the first two (2) months of such holdover with such rate increasing to one hundred fifty percent (150%) of the Base Rent if Tenant holdsover longer than two (2) months. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after On the expiration last day of the Lease Term or earlier termination thereof, with the express or implied consent term of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy , or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to upon any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other earlier termination of this Lease, or upon re-entry by the Landlord upon the demised property, the Tenant shall peaceably and without notice of any sort, quit and surrender the demised property to the Landlord in good order, condition and repair. The provisions of this Article 16 shall Tenant specifically agrees that in the event the Tenant retains possession and does not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to so quit and surrender the Premises upon property to the termination or expiration of this LeaseLandlord, in addition to any other liabilities to Landlord accruing therefrom, then the Tenant shall protectpay to the Landlord (i) all damages that the Landlord may suffer on account of the Tenant's failure to so surrender and quit the demised property, defend, and the Tenant will indemnify and hold save the Landlord harmless from and against any and all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon of the demised property against the Landlord on account of delay of the Landlord in delivering possession of the demised property to the said succeeding tenant to the extent that such delay is occasioned by the failure of the Tenant to so quit and surrender the said property, and (ii) rent for each month or any applicable portion of a month of such holding over at twice the amount payable for the month immediately preceding the termination of this Lease, during the time the Tenant thus remains in possession. The provisions of this paragraph do not waive any of the Landlord's rights of re-entry or any other right under the terms of this Lease. If the Tenant shall fail to surrender the property as herein provided, no new tenancy shall be created and any lost profits the Tenant shall be guilty of unlawful hold over. No surrender of this Lease or of the property shall be binding on the Landlord unless: (a) the Tenant physically vacates the property; and (b) the Landlord specifically acknowledges and consents to Landlord resulting therefromthe surrender in writing.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant Xxxxxx holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant Xxxxxx holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by TenantXxxxxx, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant Xxxxxx fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after afar the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty [***] percent (150[***]%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.. Notwithstanding anything set forth in this Article 16 to the contrary, Tenant shall have the one-time right to extend the initial Lease Term for a period of up to three (3) months thereafter ("Temporary Extension Term") by delivering written notice of the exercise of such right at least three (3) months prior to the expiration of the initial Lease Term, which notice shall specify the period of the Temporary Extension Term Tenant shall select (which period shall be not less than one (1) month nor more than three (3) months), and provided that all of the following conditions are satisfied: (i) Tenant shall not have exercised its renewal right under the Extension Option Rider, (ii) at Landlord's option, in addition to all remedies available to Landlord under this Lease, at law or in equity, Tenant is not in default under this Lease (after expiration of any applicable notice and cure period) as of the date Tenant delivers such notice to Landlord or the commencement of the Temporary Extension Term; and (iii) such renewal right is personal to the Original Tenant and any assignee that is an Affiliate of the Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease, and may only be exercised by the Original Tenant or such Affiliate assignee, as the case may be (and not by any other assignee, sublessee or other transferee of Original Tenant's interest in this Lease). If Tenant timely exercises such renewal right, all of the terms and conditions of this Lease shall apply during the Temporary Extension Term, provided, however, that (i) the monthly Base Rent payable by Tenant during the Temporary Extension Term shall be equal to [***] percent ([***]%) of monthly Base Rent applicable during the last rental period of the Lease Term, and (ii) Tenant shall reimburse to Landlord all actual, documented and reasonable legal fees and costs incurred in connection with the documentation of such Temporary Extension Term. ARTICLE 17

Holding Over. In the event of holding over by Tenant after the expiration or other termination of this Lease or in the event Tenant continues to occupy the Premises after the termination of Tenant’s right of possession pursuant to Article 25 above, Tenant shall, throughout the entire holdover period, pay rent equal to twice the Base Rent and Additional Rent which would have been applicable had the term of this Lease continued through the period of such holding over by Tenant. If Tenant holds over remains in possession of all or any part of the Premises after the expiration of the Lease Term or earlier termination thereofTerm, with the express or implied written consent of Landlord, : (a) such tenancy shall will be deemed to be a periodic tenancy from month-to-month only, and shall ; (b) such tenancy will not constitute a renewal hereof or an extension of this Lease for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, ; and (c) such tenancy shall may be deemed to be a tenancy terminated by sufferance only, and shall not constitute a renewal hereof Landlord upon the earlier of thirty (30) days prior written notice or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Leaseearliest date permitted by law. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall will be subject to every other applicable term, condition, and covenant contained in this Lease including the Base Rent and agreement contained hereinAdditional Rent provisions. Nothing contained in this Article 16 28 shall be construed as consent by Landlord to any holding over of the Premises by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other earlier termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the expiration or earlier termination or expiration of this Lease, in addition Lease despite demand to any other liabilities to Landlord accruing therefromdo so by Landlord, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failureloss or liability, including, without limiting the generality of the foregoinglimitation, any claims claim made by any succeeding tenant founded upon on or resulting from such failure to surrender and any lost profits to Landlord resulting therefromsurrender.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month onlyat sufferance, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate rate, prorated daily, equal to one hundred fifty percent (150%) of times the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with of the Term hereof without the express or implied written consent of Landlord, such tenancy Tenant shall be from month-to-month onlybecome a Tenant at sufferance, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate Basic Rent equal to one hundred fifty percent (150%) of the Base Rent applicable payable during the last rental period month of the Lease Term under this Lease. Such month-to-during the first (1st) month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon immediately following the expiration or other earlier termination of this Leasethe Term, and two hundred percent (200%) thereafter, and otherwise subject to the terms, covenants and conditions herein specified, so far as applicable. Acceptance by Landlord of Rent after such expiration or earlier termination without Landlord’s prior written consent shall not waive Landlord’s right to evict Tenant without thirty (30) days prior written notice. The foregoing provisions of this Article 16 shall 12 are in addition to and do not be deemed to limit affect Landlord’s right of reentry or constitute a waiver of any other rights or remedies of Landlord hereunder or as otherwise provided herein or at by law. If Tenant fails to surrender to Landlord exclusive possession of the Premises upon in the condition required hereunder by the date that is thirty (30) days after the expiration or earlier termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protectindemnify, defend, indemnify defend and hold Landlord and the other Landlord Indemnified Parties harmless from all loss, costs Claims (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoinglimitation, any claims claim(s) made by any succeeding tenant tenant(s)) founded upon on or resulting from such failure to surrender surrender, lost profits and other consequential damages, and any lost profits and all attorneys’ fees and costs incurred by Landlord in connection Tenant’s failure to Landlord resulting therefromsurrender the Premises in accordance with the provisions of this Lease upon the expiration or earlier termination of this Lease.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one one-hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained hereinherein other than any option to renew or extend. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, including any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Should Tenant holds (or any subtenant, assignee or other party occupying the Premises by, through, under, or with the permission of Tenant), without Landlord's written consent, hold over after the expiration termination of the Lease Term this Lease, Tenant shall, at Landlord's option, become either a tenant at sufferance or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from a month-to-month only, tenant upon each and all of the terms herein provided as may be applicable to such a tenancy and any such holding over shall not constitute a renewal hereof or an extension for any further termof this Lease. If During such holding over, Tenant holds over after the expiration of the Lease Term of earlier termination thereofshall pay in advance, without the express or implied consent of Landlordmonthly, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable Basic Rental at a monthly rate equal to one hundred fifty percent three (150%3) times the rate in effect for the last month of the Base Rent applicable during Term of this Lease or three (3) times Landlord's then asking rate for comparable space in the last rental period Project, whichever is greater, in addition to, and not in lieu of, all other payments required to be made by Tenant hereunder including but not limited to Tenant's Proportionate Share of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained hereinany increase in Direct Costs. Nothing contained in this Article 16 5 shall be construed as consent by Landlord to any holding over of the Premises by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other earlier termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawthe Term. If Tenant fails to surrender the Premises upon the expiration or termination or expiration of this Lease, in addition Tenant agrees to any other liabilities to Landlord accruing therefromindemnify, Tenant shall protect, defend, indemnify defend and hold Landlord harmless from and against all costs, loss, costs (expense or liability, including reasonable attorneys’ fees) and liability resulting from such failurewithout limitation, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromreal estate brokers claims and attorney's fees and costs.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds Any holding over after the expiration or other termination of the this Lease Term or earlier termination thereof, with the express or implied written consent of Landlord, such tenancy Landlord delivered to Tenant shall be construed to be a tenancy from month-to-month onlyto month at the Base Rent in effect on the date of such expiration or termination on the terms, covenants and shall not constitute a renewal hereof or an extension for any further termconditions herein specified so far as applicable. If Tenant holds Any holding over after the expiration or other termination of the this Lease Term of earlier termination thereof, without the express or implied written consent of Landlord, such tenancy Landlord shall be deemed construed to be a tenancy by at sufferance onlyon all the terms set forth herein, and shall not constitute a renewal hereof or an extension for any further term. In either case, except that Base Rent shall be payable at a monthly rate an amount equal to one hundred fifty percent (150%) of the Base Rent applicable during payable by Tenant immediately prior to such holding over. Acceptance by Landlord of Rent after the last rental period expiration or termination of the this Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as not constitute a consent by Landlord to any such tenancy from month to month or result in any other tenancy or any renewal of the term hereof. Tenant acknowledges that if Tenant holds over without Landlord’s consent, such holding over by Tenantmay compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the Premises. Therefore, and Landlord expressly reserves the right to require if Tenant fails to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, then, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability Losses resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom. The provisions of this Paragraph are in addition to, and do not affect, Landlord’s right to reentry or other rights hereunder or provided by law.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent [***] of the Base Rent applicable during the last rental period of the Lease Term under this Lease for the first two (150%2) months of such holdover and thereafter [***] of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other lawful termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting limiting, the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.. ARTICLE 17

Holding Over. If Tenant holds will not be permitted to hold over possession of the Premises after the expiration of the Lease Term or earlier termination thereof, with of the Term without the express or implied written consent of Landlord, such tenancy shall be from month-to-month only, which consent Landlord may withhold in its sole and shall not constitute a renewal hereof or an extension for any further termabsolute discretion. If Tenant holds over after the expiration or earlier termination of the Lease Term of earlier termination thereofTerm, without the express or implied consent of LandlordLandlord may, such tenancy shall be deemed to be at its option, treat Tenant as a tenancy by tenant at sufferance only, and such continued occupancy by Tenant shall not constitute a renewal hereof or an extension be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that the Monthly Base Rent for any further term. In either case, Base Rent such holdover period shall be payable at a monthly rate equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term in effect under this LeaseLease immediately prior to such holdover, or (ii) the then currently scheduled rental rate for comparable space in the Building, in either event prorated on a daily basis. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent Acceptance by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the rent after such expiration or other earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Article 16 shall Paragraph 11 are in addition to and do not be deemed to limit affect Landlord's right of re-entry or constitute a waiver of any other rights or remedies of Landlord under this Lease or as otherwise provided herein or at by law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, Lease in addition accordance with the terms of this Paragraph 11 despite demand to any other liabilities to Landlord accruing therefromdo so by Landlord, Tenant shall agrees to promptly indemnify, protect, defend, indemnify defend and hold Landlord harmless from all lossclaims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including reasonable attorneys’ fees) ' fees and liability resulting from such failurecosts), including, without limiting limitation, costs and expenses incurred by Landlord in returning the generality of Premises to the foregoing, any condition in which Tenant was to surrender it and claims made by any succeeding tenant founded upon such on or resulting from Tenant's failure to surrender and any lost profits to Landlord resulting therefromthe Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. If Tenant holds over after will, at the expiration of the this Lease Term Agreement, whether by lapse of time or earlier termination thereoftermination, with the express or implied consent of give up immediate possession to Landlord. Unless otherwise agreed by Landlord, if Tenant fails to give up possession the Landlord may, at its option, serve written notice upon Tenant that such tenancy shall be from holdover constitutes any one of (i) creation of a month-to-month onlytenancy, and shall not constitute or (ii) creation of a renewal hereof or an extension for any further termtenancy at sufferance. If Tenant holds over after Landlord does not give said notice, Tenant’s holdover shall create a tenancy at sufferance. In any such event the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance onlyupon the terms and conditions of this Lease Agreement, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent except that the Minimum Rental shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during Minimum Rental Tenant was obligated to pay Landlord under this Lease Agreement immediately prior to termination (in the last rental period case of tenancy at sufferance such Minimum Rental shall be prorated on the basis of a 365 day year for each day Tenant remains in possession); excepting further that in the case of a tenancy at sufferance, no notices shall be required prior to commencement of any legal action to gain repossession of the Lease Term under this LeasePremises. Such month-to-month In the case of a tenancy or tenancy by at sufferance, as the case may be, Tenant shall be subject also pay to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent Landlord all damages sustained by Landlord to any holding over resulting from retention of possession by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver by Landlord of any other rights right of re-entry as otherwise available to Landlord; nor shall receipt of any rent or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality act in apparent affirmance of the foregoing, any claims made tenancy operate as a waiver of the right to terminate this Lease Agreement for a breach by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromTenant hereof.

Holding Over. If Tenant holds will not hold over in the Premises after the expiration end of the Lease Term or earlier termination thereof, with term without the express or implied prior written consent of Landlord, such tenancy shall which may be from month-to-month onlywithheld arbitrarily. However, provided that Tenant is not in default, Tenant may extend the Lease Term on the same terms and shall conditions provided that Tenant delivers an unconditional extension notice to Landlord at least six (6) months before the end of the term (or any extensions thereof) and specifies in that notice the length of extension period, which cannot constitute a renewal hereof or an extension for any further termbe more than three (3) months. If Tenant holds over after validly exercises this extension right, the expiration term will be deemed extended for the period specified in Tenant's notice (but not for more than three (3) months), and such extension will be part of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall term and will not be deemed to be considered a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves but there will be no further extension rights. This extension right is applicable only at the right to require Tenant to surrender possession end of the Premises Lease term, as extended. Landlord will diligently attempt to Landlord include in its lease with any succeeding or prospective tenant provisions disclaiming liability for consequential damages (i.e., damages for lost business or revenue, as provided in this Lease upon opposed to actual damages or penalties) to any such tenant, and/or provisions limiting such succeeding or prospective tenant's remedies solely to the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition as a result of Landlord's failure to any other liabilities substantially complete and deliver space to such tenant as required, but Tenant will indemnify Landlord accruing therefromfor, Tenant shall protect, defend, indemnify and hold Landlord harmless from from, any and all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failureLiabilities arising out of or in connection with any holding over, including, without limiting the generality of the foregoinglimitation, any claims made by any succeeding or prospective tenant founded upon such failure to surrender and any lost profits loss of rent suffered by Landlord. If, despite this express agreement, any tenancy is created by Tenant's holding over, except as specifically set forth in the next sentence, the tenancy will be a tenancy at sufferance terminable immediately at Landlord's sole option on written notice to Landlord resulting therefromTenant, but otherwise subject to the terms of this Lease, except that the most recent annual base rent will be doubled (except as specifically set forth in Section 16.4). Nothing in this Article or elsewhere in this Lease permits Tenant to hold over or in any way limits Landlord's other rights and remedies if Tenant holds over (except as specifically set forth in 16.4).

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent (the product of 150%) % of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. for purposes of this Article 16, a holding over shall include Tenant’s remaining in the Premises after the expiration or earlier termination of the Lease Term, as required pursuant to the terms of this Lease or the Tenant Work Letter, to remove any Alterations or Above Building Standard Tenant Improvements located within the Premises and replace the same with Building Standard Tenant Improvements. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all losslosses, costs (including reasonable attorneys’ fees) and liability liabilities resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.. ARTICLE 17

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one two hundred fifty percent (150200%) of the greater of (i) the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) the fair market rental rate of the Premises as of the commencement of such holdover period. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after fails to vacate the expiration Premises at the end of the Lease Term or earlier termination thereofTerm, with the express or implied consent of Landlord, such tenancy then Tenant shall be from month-to-month onlya tenant at sufferance and, in addition to all other damages and remedies to which Landlord may be entitled for such holding over: (a) Tenant shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after pay, in addition to the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either caseother Rent, Base Rent shall be payable at a monthly rate equal to the greater of: (1) two hundred percent (200%) of the Base Rent payable during the last month of the Term, or (2) one hundred fifty percent (150%) of the Base Rent applicable during prevailing rental rate in the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, Building for similar space; and (b) Tenant shall otherwise continue to be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by all of Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of ’s obligations under this Lease. The provisions of this Article 16 Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawLaw. If Tenant fails to surrender the Premises upon the expiration or earlier 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 any and all loss, costs (including reasonable attorneys’ fees, disbursements and court costs) and liability resulting from such failure, including, without limiting the generality of the foregoing, including any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom. Notwithstanding the foregoing, if Tenant holds over with Landlord’s express written consent, then Tenant shall be a month-to-month tenant and Tenant shall pay, in addition to the other Rent, Base Rent equal to one hundred twenty-five percent (125%) of the Base Rent payable during the last month of the Term.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent twenty-five (150125%) of the Base Rent applicable during the last rental period of the Lease Term under this LeaseLease for the first one hundred twenty (120) days of any such holdover, and one hundred fifty percent (150%) thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to (a) one hundred fifty twenty-five percent (150125%) for the first two full months of any such holding over, and after that (b) two hundred percent (200%), in each case of the (i) the greater of Base Rent applicable during the last rental period of the Lease Term under this LeaseLease (ii) the fair market rental rate of the Premises as of the commencement of such holdover period. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over Subtenant (directly or through any transferee or other successor-in-interest of Subtenant) remains in possession of all or any part of the Subleased Premises after the expiration of the Lease Sublease Term or earlier termination thereof, with the express or implied consent of Landlordthis Sublease, such tenancy holding over, in the absence of an express written agreement to the contrary, shall be from month-to-on the basis of a tenancy at the sufferance of Sublandlord. In such event, Subtenant shall continue to comply with all of the terms, conditions and covenants of this Sublease as though the Sublease Term had continued, except that such tenancy at sufferance shall be terminable by Sublandlord at any time and rent shall be paid for each month only, and shall not constitute a renewal hereof (or an extension for any further term. If Tenant portion thereof) during which Subtenant holds over in the Subleased Premises after the expiration of the Lease Term of or earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions Sublease, in an amount equal to 200% of the highest monthly Base Sublease Rent due under this Article 16 shall not be deemed to limit or constitute a waiver Sublease for any month during the Sublease Term, plus all other amounts that would otherwise have been payable as Additional Rent had the Sublease Term continued through the period of any other rights or remedies of Landlord provided herein or at lawsuch holding over. If Tenant Subtenant fails to surrender the Subleased Premises upon on the termination or expiration of this LeaseSublease, in addition to any other liabilities to Landlord Sublandlord accruing therefrom, Tenant Subtenant shall protect, defend, indemnify and hold Landlord Sublandlord harmless from all loss, costs (including reasonable attorneys’ fees) and loss or liability resulting from such failure, including, including without limiting limitation (i) any claims of Master Landlord against Sublandlord for failure to surrender the generality Premises at the time and in the manner required under the Master Lease or for violating any term of the foregoingMaster Lease, and (ii) any claims made by any succeeding subtenant, tenant founded or other party based upon such failure failure. This indemnification obligation shall survive the expiration or earlier termination of this Sublease. The provisions of this paragraph are in addition to surrender and any lost profits to Landlord resulting therefromdo not limit Sublandlord’s rights or Subtenant’s obligations under this Sublease.

Holding Over. If Tenant Txxxxx holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant Txxxxx holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by TenantTxxxxx, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant Txxxxx fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the greater of (i) the Base Rent applicable during the last rental period of the Lease Term under this LeaseLease or (ii) the fair market rental rate for the Premises as of the commencement of such holdover period. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 Section 20 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability Claims resulting from such failure, including, without limiting the generality of the foregoingincluding but not limited to, any claims Claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%A) the greater of (i) the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) the then fair market value applicable to the Premises as reasonably determined by Landlord, and (B) a percentage equal to (i) one hundred fifty percent (150%) during the first two (2) months immediately following the expiration or earlier termination of the Lease Term, and (ii) two hundred percent (200%) thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) a percentage equal to one hundred fifty percent (150%). Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law; provided, however, to the extent Landlord affirmatively consents to Tenant’s holding over in the Premises, then in no event shall Tenant be liable to Landlord for, or otherwise be required to indemnify Landlord with respect to, any consequential damages in connection therewith. If Tenant fails to surrender the Premises upon the termination or expiration of this LeaseLease without Landlord’s affirmative consent, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom; provided, however, that in no event shall Tenant be liable for consequential damages attributable to the first thirty (30) days of any holding over by Tenant. In the event of any potential or actual holding over of the Premises by Tenant, Tenant may elect to send a written notice to Landlord (specifically referencing this Article 16) requesting an update as to whether Landlord has entered into a third-party lease for the Premises following the expiration or earlier termination of this Lease, and Landlord shall, within ten (10) business days of its receipt of such notice from Tenant, notify Tenant whether or not Landlord has entered into a third-party lease as of the date of such notice for the Premises following the expiration or earlier termination of this Lease; provided, however, in no event shall any such notice by Tenant to Landlord, or any subsequent notice from Landlord to Tenant (or any failure by Landlord to provide such notice) be deemed a waiver of any of Tenant’s obligations or liabilities under this Article 16.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent (the product of 150%) % of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. For purposes of this Article 16, a holding over shall include Tenant’s remaining in the Premises after the expiration or earlier termination of the Lease Term, as required pursuant to the terms of this Lease or the Tenant Work Letter, to remove any Alterations or Above Building Standard Tenant Improvements located within the Premises and replace the same with Building Standard Tenant Improvements. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all losslosses, costs (including reasonable attorneys’ fees) and liability liabilities resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after fails to vacate the expiration Premises at the end of the Lease Term or earlier termination thereofTerm, with the express or implied consent of Landlord, such tenancy then Tenant shall be from month-to-month onlya tenant at sufferance and, in addition to all other damages and remedies to which Landlord may be entitled for such holding over: (a) Tenant shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after pay, in addition to the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either caseother Rent, Base Rent shall be payable at a monthly rate equal to (i) one hundred fifty percent (150%) of the Base Rent applicable payable during the last rental period month of the Lease Term under this Lease. Such month-to-for the first thirty (30) days of holdover, and (ii) two hundred percent (200%) of the Base Rent payable during the last month tenancy or tenancy by sufferance, as of the case may be, Term for any holdover period thereafter; and (b) Tenant shall otherwise continue to be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by all of Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of ’s obligations under this Lease. The provisions of this Article 16 Section 20 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawLaw. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, including any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom. Notwithstanding the foregoing, if Tenant holds over with Landlord’s express written consent, then Tenant shall be a month-to-month tenant and Tenant shall pay, in addition to the other Rent, Base Rent equal to one hundred twenty five percent (125%) of the Base Rent payable during the last month of the Term.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.. HCP, INC. [Eccles Business Park] -29- [Flexus Biosciences, Inc.]

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied written consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied written consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to (x) one twenty five percent (125%) of the Base Rent applicable during the last rental period of the Lease Term for the first thirty (30) days of such hold over, and (y) one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Leasefor each day thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein, including without limitation the obligation to pay Additional Rent. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon on or before thirty (30) days after the expiration or earlier termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and and/or any lost profits and consequential or indirect damages to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Base Rent applicable during the last rental period thirty (30) days of the Lease Term under this Lease, and (ii) a percentage equal to 150% during the first two (2) months immediately following the expiration or earlier termination of the Lease Term, and 200% thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the expiration or earlier termination or expiration of this Leasethe Lease Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) % of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after agrees that if the Premises is not surrendered to Landlord on or before the expiration or earlier termination of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereofTerm, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by at sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, and in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty twenty-five percent (150%) of 125% the Base Rent applicable during immediately before the last rental period expiration or earlier termination of the Lease Term under this LeaseTerm. Such month-to-month tenancy or tenancy by sufferance, as the case may be, at sufferance shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 Lease, including this Section 2.04, shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender retaining possession of the Premises to Landlord as provided in this Lease upon after the expiration or other earlier termination of this Lease. The the Lease Term and no acceptance by Landlord of payments from Tenant after the expiration or earlier termination of the Lease Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 16 Section 2.04, which provisions shall not be deemed to limit survive the expiration or constitute a waiver earlier termination of any other rights or remedies of Landlord provided herein or at lawthe Lease Term. If Tenant fails to surrender the Premises upon the expiration or earlier termination or expiration of this Leasethe Lease Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold harmless Landlord harmless (and Landlord’s members, managers, partners, and shareholders, as applicable, and the affiliates, employees, agents, and contractors of Landlord and its members, managers, partners, and shareholders, as applicable) from all losslosses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofIf, with the express or implied prior written consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over possession of the Premises after the expiration of the Term, Tenant shall become a tenant from month to month upon all of the terms specified in this Lease Term as applicable immediately prior to expiration of earlier termination thereofsuch Term, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base except that Minimum Rent shall be payable at a monthly rate equal to one hundred and fifty percent (150%) of that applicable immediately prior to expiration of such Term. If Tenant holds over in the Base Rent applicable during Premises without Landlord's prior written consent, then Tenant shall be a tenant-at-sufferance. Each party shall give the last rental period other not less than thirty (30) days' notice of the Lease Term under this Lease. Such month-to-its intention to terminate a month to month tenancy or (although a tenancy by sufferance, as at sufferance may be terminated immediately without written notice) and such month to month tenancy shall terminate at the case may be, shall be subject to every other applicable term, covenant and agreement contained hereinend of a calendar month. Nothing contained in this Article 16 shall be construed as consent by If Landlord to any holding over by should terminate Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord 's holdover tenancy as provided in this Lease upon Paragraph 26 and Tenant shall fail to vacate the Premises at the expiration of such tenancy, Tenant agrees that it shall be liable to Landlord for all actual and consequential damages resulting from Tenant's failure to so vacate. These damages may include, without limitation, the cost of unlawful detainer proceedings instituted by Landlord against Tenant, including court costs and attorneys' fees and costs, increased construction costs to Landlord as a result of Landlord's inability to timely commence construction of tenant improvements for a new tenant for the Premises, and lost rent that results from Landlord's inability to timely deliver the Premises to such new tenant. This clause shall survive the expiration or other earlier termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Lease Term or earlier termination thereof, with without the express or implied prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall be from constitute a month-to-month only, tenancy commencing on the first (1st) day following the termination of this Lease and shall not constitute a renewal hereof terminating thirty (30) days following delivery of written notice of termination by either Landlord or an extension for any further term. If Tenant holds over after to the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further termother . In either caseof such events, Base possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be payable at a monthly rate equal to the greater of (a) one hundred fifty percent (150%) of the Base Basic Rent applicable during for the last month immediately preceding the date of termination or (b) the fair market rental period of for the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawPremises. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition Lease despite demand to any other liabilities to Landlord accruing therefromdo so by Landlord, Tenant shall protect, defend, indemnify and hold Landlord harmless from all lossloss or liability, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoinglimitation, any claims made by any succeeding tenant founded upon relating to such failure to surrender surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any lost profits to other rights of Landlord resulting therefromunder this Lease or at law.

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord and Tenant may agree, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant holds remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to (x) 125% of Rent in effect during the last 30 days of the Term (payable on a per diem basis) for the first 60 days that Tenant is a tenant at sufferance (y) 150% of Rent in effect during the last 30 days of the Term, commencing upon the 61st day that Tenant is a tenant at sufferance, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages; provided, however, that if Tenant delivers a written inquiry to Landlord within 30 days prior to the expiration or earlier termination of the Term, Landlord will notify Tenant whether the potential exists for consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and this Lease shall not constitute result in a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination reinstatement of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) a percentage equal to one hundred fifty percent (150%). Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by TenantXxxxxx, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant Xxxxxx fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom; provided, however, that in no event shall Tenant be liable for consequential damages attributable to the first thirty (30) days of any holding over by Xxxxxx.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofTerm, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty twenty-five percent (150125%) of the greater of (i) the Base Rent applicable during the last rental period of the Lease Term under this LeaseLease or (ii) the fair market rental rate for the Premises as of the commencement of such holdover period. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant acknowledges that if Tenant holds over without Landlord’s consent, such holding over may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all loss, costs (including reasonable attorneys’ fees) and liability Claims resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any losses suffered by Landlord, including lost profits profits, resulting from such failure to Landlord resulting therefromsurrender.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent two (150%2) of times the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromtherefrom (provided that Tenant shall have no liability for consequential or indirect damages for such holdover, including claims of a succeeding tenant, until such holdover exceeds thirty (30) days).

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) a percentage equal to one hundred fifty percent (150%). Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom; provided, however, upon entering into a third party lease which affects all or any portion of the Premises, Landlord shall deliver written notice (the “New Lease Notice”) of such lease to Tenant and the terms of the foregoing indemnity shall not be effective until the later of (i) the date that occurs thirty (30) days following the date Landlord delivers such New Lease Notice to Tenant, and (ii) the date which occurs thirty (30) days after the termination or expiration of this Lease.

Holding Over. If Tenant holds over after the expiration shall pay Landlord for each day Tenant retains possession of the Leased Premises or part of them after termination of this Lease Term by lapse of time or earlier termination thereof, with otherwise at the express or implied consent of Landlord, such tenancy rate (“Holdover Rate”) which shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred Hundred fifty percent Percent (150%) of the Base Minimum Monthly Rent applicable during for the last rental period prior to the date of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferancesuch termination plus Tenant’s Proportionate Share of Operating Costs, as the case may beReal Estate Taxes and Insurance then required to be paid hereunder, shall be subject to every other applicable termprorated on a daily basis, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent also pay all damages sustained by Landlord by reason of such retention. If Landlord gives notice to any Tenant of Landlord’s election to such effect, such holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession shall constitute renewal of the Premises to Landlord as provided in this Lease upon for a period from month to month the expiration or other termination Holdover Rate, but if the Landlord does not so elect, no such renewal shall result notwithstanding acceptance by Landlord of this Lease. The provisions of this Article 16 any sums due hereunder after such termination; and instead, a tenancy at sufferance at the Holdover Rate shall not be deemed to limit have been created. In any event, no provision of this Section 33.2 shall be deemed to waive Landlord’s right of reentry or constitute a waiver of any other rights or remedies of Landlord provided herein right under this Lease or at law. If Additionally, in the event that upon termination of the Lease, Tenant fails has not fulfilled its obligation with respect to surrender repairs and cleanup of the Leased Premises upon the termination or expiration of any other Tenant obligations as set forth in this Lease, in addition then Landlord shall have the right to perform any other liabilities to Landlord accruing therefromsuch obligations as it deems necessary at Tenant’s sole cost and expense, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits time required by Landlord to Landlord resulting therefromcomplete such obligations shall be considered a period of holding over and the terms of this section shall apply.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base and in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) *** of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofof this Lease, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during immediately before the last rental period expiration of the Lease Term under this LeaseTerm. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 Section 2.03 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises Property to Landlord as provided in this Lease upon the expiration or other earlier termination of this Lease. The provisions of this Article 16 Section 2.03 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises Property upon the termination or expiration of this Lease in the condition required by Sections 6.06 and 10.07 of this Lease, without the written consent of Landlord or pursuant to the provisions of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability pertaining to any third-party claims resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such Tenant’s failure to surrender and surrender, whether such loss is the result of a judgment against Landlord, the settlement of any lost profits to litigation brought against Landlord resulting therefromby a succeeding tenant or other third party, or otherwise.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty twenty five percent (150125%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article Section 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article Section 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds Should Tenant, without Landlord's written consent, hold over after the expiration termination of the Lease Term or earlier termination thereofthis Lease, with the express or implied consent of Landlord, such tenancy Tenant shall be become a tenant from month-to-month, only upon each and all of the terms herein provided as may be applicable to a month-to-month onlytenancy, and any such holding over shall not constitute a renewal hereof or an extension of this Lease. During such holding over, Tenant shall pay in advance, monthly rent at (a) one hundred twenty-five percent (125%) for any further term. If Tenant holds over after the expiration first month of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, holdover period and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to (b) one hundred fifty percent (150%) for each month thereafter, of the Base Rent applicable during rate in effect for the last rental period month of the Lease Term under term of this Lease. Such month-, in addition to-month tenancy or tenancy , and not in lieu of, all other payments required to be made by sufferanceTenant hereunder, as the case may beincluding, shall be subject to every other applicable termbut not limited to, covenant and agreement contained hereinTenant's Proportionate Share of any Excess. Nothing contained in this Article 16 5 shall be construed as consent by Landlord to any holding over of the Premises by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other earlier termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawthe Term. If Tenant fails to surrender the Premises upon the expiration or termination or expiration of this Lease, in addition Tenant agrees to any other liabilities to Landlord accruing therefromindemnify, Tenant shall protect, defend, indemnify defend and hold Landlord harmless from all costs after 30 days of holding over, loss, costs (expense or liability, including reasonable attorneys’ fees) and liability resulting from such failurewithout limitation, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromreal estate brokers claims and attorneys' fees.

Holding Over. If Tenant holds over after Upon the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration term or other termination of this Lease, Tenant shall quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted and Tenant shall remove from the Premises all of its property. The provisions If Tenant shall hold over after the expiration of this Article 16 term or other termination of this Lease, such holding over shall not be deemed to limit or constitute be a waiver renewal of any other rights or remedies this Lease but shall be deemed to create a tenancy-at-will and by such holding over Tenant shall be deemed to have agreed to be bound by all of Landlord provided herein or the terms and conditions of this Lease except those as to the term hereof, and except that during such tenancy-at-will, Tenant shall pay One Hundred Fifty Percent (150.0%) of all monthly rentals due at lawthat time including Monthly Base Rent, CAM, and Impositions. If any rent or other sum owing under this Lease is collected by or through an attorney-at-law, Tenant fails agrees to pay Landlord's reasonable attorney's fees. Tenant shall surrender all keys to the Premises upon to the Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises, provided, however, Tenant may, at its option, remove any vault in the Premises at the termination or expiration of this Lease, provided Tenant restores the Premises in addition a commercially reasonable fashion. Tenant shall, at its expense, remove from the Premises on or prior to any other liabilities to Landlord accruing therefromsuch expiration or earlier termination all furnishings, Tenant shall protect, defend, indemnify fixtures and hold Landlord harmless from all loss, costs equipment situated thereon (including reasonable attorneys’ feesall exterior and interior signs) and liability resulting from such failure, including, without limiting which are not the generality property of the foregoingLandlord, and Tenant shall, at is expense, on or before such expiration or earlier termination, repair any claims made damage caused by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromremoval.

Holding Over. If Tenant holds over after fails to vacate the Property and deliver the same to Landlord at expiration of the Lease Term or earlier termination thereofof the Term in accordance with this Lease (subject to the Wind-Down Period), with the express or implied consent of Landlord, such tenancy then Tenant shall be from a tenant at sufferance and, in addition to all other damages and remedies to which Landlord may be entitled for such holding over, Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease, except that Tenant’s liability for Base Rent for each month (or fractional month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration ) of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy holdover shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty twenty-five percent (150125%) of the Base Rent applicable during due for the last rental period month of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this LeaseTerm. The provisions of this Article 16 Section 12.2 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law; nor shall the provisions of this Section 12.2 be deemed a consent by Landlord to any holding over by Xxxxxx; as Landlord expressly reserves the right to require Tenant to surrender possession of the Property upon the expiration of the Term or upon the earlier termination hereof and to assert any remedy at law or equity to evict Tenant and/or collect damages in connection with such holding over. If Tenant fails to surrender the Premises Property upon the termination or expiration of this Lease in accordance with this Lease, in addition to any other liabilities to Landlord accruing therefrom, to the extent permitted by applicable law, Tenant shall protect, defend, indemnify and hold Landlord the Indemnitees harmless from all loss, costs (including reasonable attorneys’ fees) and liability Claims resulting from such failure, including, without limiting the generality of the foregoing, including any claims made by any succeeding tenant lessees founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom, provided that Landlord has given Tenant at least thirty (30) days advance written notice of any potential Claims and Xxxxxx fails to surrender the Property within such thirty (30) day period.

Holding Over. If Tenant holds There shall be no renewal, extension, or reinstatement of this Lease by operation of law. In the event of holding over by Lessee after the expiration or sooner termination of this Lease, with Lessor's acquiescence and without any express agreement of the Lease Term or earlier termination thereofparties, with the express or implied consent of Landlord, such tenancy Lessee shall be from month-to-month onlya tenant at sufferance and all of the terms, covenants, and conditions of this Lease shall not constitute a renewal hereof or an extension be applicable during that period, except that Lessee shall pay Lessor as Base Rent for any further term. If Tenant holds over after the expiration period of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or hold over an extension for any further term. In either case, Base Rent shall be payable at a monthly rate amount equal to one hundred fifty percent (150%) of and one-half times the Base Rent applicable during which would have been payable by Lessee under Paragraph 2.1 hereof, had the last rental hold-over period been part of the original Lease Term Term, together with all additional rent due hereunder and together with any other Amount Due under this Lease. Such monthThe rent payable by Lessee during the hold-to-month tenancy or tenancy by over period shall be payable to Lessor on demand. If Lessee holds over as a tenant at sufferance, as the case may be, Lessee shall be subject to every other applicable term, covenant vacate and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of deliver the Premises to Landlord as provided in this Lease Lessor upon demand. In the event Lessee fails to surrender the Premises to Lessor upon expiration or other termination of this Lease. The provisions Lease or of this Article 16 such tenancy at sufferance, then Lessee shall not be deemed to limit indemnify Lessor against any and all loss or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failureany delay of Lessee in surrendering the Premises, including, without limiting the generality of the foregoingbut not limited to, any claims made by any succeeding tenant founded upon such failure amounts required to surrender be paid to third parties who were to have occupied the Premises and any lost profits to Landlord resulting therefromattorneys' fees related thereto.

Holding Over. If Tenant holds over (directly or through any Transferee or other successor-in-interest of Tenant) remains in possession of the Premises after the expiration or termination of this Lease, Tenant's continued possession shall be on the basis of a tenancy at the sufferance of Landlord. No act or omission by Landlord, other than its specific written consent, shall constitute permission for Tenant to continue in possession of the Lease Term Premises, and if such consent is given or earlier termination thereofdeclared to have been given by a court judgment, Landlord may terminate Tenant's holdover tenancy at any time upon seven (7) days written notice. In such event, Tenant shall continue to comply with or perform all the express or implied consent terms and obligations of LandlordTenant under this Lease, such tenancy except that the monthly Base Rent during Tenant's holding over shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty seventy-five percent (150175%) of the Base Rent applicable during payable in the last rental period full month prior to the termination hereof. Acceptance by Landlord of the Lease Term under rent after such termination shall not constitute a renewal or extension of this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant ; and agreement contained herein. Nothing nothing contained in this Article 16 provision shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit waive Landlord's right of re-entry or constitute a waiver of any other rights or remedies of Landlord provided herein right hereunder or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protectindemnify, defend, indemnify defend and hold Landlord harmless from and against all Claims arising or resulting directly or indirectly from Tenant's failure to timely surrender the Premises, including (i) any rent payable by or any loss, costs (including reasonable attorneys’ fees) and liability resulting from such failurecost, including, without limiting the generality or damages claimed by any prospective tenant of the foregoingPremises, any claims made and (ii) Landlord's damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of the Premises by any succeeding tenant founded upon reason of such failure to timely surrender and any lost profits to Landlord resulting therefromthe Premises.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) a percentage equal to 150% during the first two (2) months immediately following the expiration or earlier termination of the Lease Term, and 200% thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after fails to vacate the expiration Premises at the end of the Lease Term or earlier termination thereofTerm, with the express or implied consent of Landlord, such tenancy then Tenant shall be from month-to-month onlya tenant at sufferance and, in addition to all other damages and remedies to which Landlord may be entitled for such holding over, Tenant shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after pay, in addition to the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either caseother Rent, Base Rent shall be payable at a monthly rate equal to the greater of i) one hundred fifty percent (150%) of the Base Rent applicable payable during the last rental period month of the Lease Term under this Lease. Such month-to-month tenancy or tenancy ii) the then prevailing Market Asking Rate for Class A Space in Redwood Shores as published by sufferancelocal area commercial real estate brokerages (as applicable, as the case may be“Holdover Rate”), and Tenant shall otherwise continue to be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by all of Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of ’s obligations under this Lease. The provisions of this Article 16 Section 21 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawLaw. If Tenant fails to surrender the Premises upon the termination or expiration of this LeaseIF TENANT FAILS TO SURRENDER THE PREMISES UPON THE TERMINATION OR EXPIRATION OF THIS LEASE (EXCEPT AS SET FORTH IN THE FOLLOWING SENTENCE), in addition to any other liabilities to Landlord accruing therefromIN ADDITION TO ANY OTHER LIABILITIES TO LANDLORD ACCRUING THEREFROM, Tenant shall protectTENANT SHALL PROTECT, defendDEFEND, indemnify and hold Landlord harmless from all lossINDEMNIFY AND HOLD LANDLORD HARMLESS FROM ALL LOSS, costs COSTS (including reasonable attorneysINCLUDING REASONABLE ATTORNEYS’ feesFEES) and liability resulting from such failureAND LIABILITY RESULTING FROM SUCH FAILURE, includingINCLUDING ANY CLAIMS MADE BY ANY SUCCEEDING TENANT FOUNDED UPON SUCH FAILURE TO SURRENDER, without limiting the generality of AND ANY LOST PROFITS TO LANDLORD RESULTING THEREFROM. Notwithstanding the foregoing, any claims made by any succeeding if Tenant remains in the Premises at the end of the Term with the written consent of Landlord, then Tenant shall be a month-to-month tenant founded upon such failure at the Holdover Rate, and Tenant shall otherwise continue to surrender and any lost profits be subject to Landlord resulting therefromall of Tenant’s obligations under this Lease.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofof the Term hereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy Tenant shall become and be deemed to be only a tenancy by tenant at sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate daily rent equal to one one-thirtieth of the greater of (a) the then prevailing monthly fair market rental rate as determined by Landlord in its sole and absolute discretion, or (b) two hundred fifty percent (150200%) of the monthly installment of Base Rent applicable during (and estimated Additional Rent payable under Paragraph 3.2) payable by Tenant immediately prior to such expiration or termination, and otherwise upon the last rental period terms, covenants and conditions herein specified, so far as applicable, as reasonably determined by Landlord. Neither any provision hereof nor any acceptance by Landlord of any Rent after any such expiration or earlier termination (including, without limitation, through any "lockbox") shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Lease Term under this LeaseTerm, or any waiver of any of Landlord's rights or remedies with respect to such holdover. Such month-to-month tenancy or tenancy by sufferance, as Notwithstanding any provision to the case may be, shall be subject to every other applicable term, covenant and agreement contrary contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and (i) Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration of the Term or other upon the earlier termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein hereof or at law. If any time during any holdover, and the right to assert any remedy at law or in equity to evict Tenant fails to surrender the Premises upon the termination or expiration of this Leaseand collect damages in connection with any such holdover, in addition to any other liabilities to Landlord accruing therefrom, and (ii) Tenant shall protectindemnify, defend, indemnify defend and hold Landlord harmless from and against any and all lossclaims, demands, actions, proceedings, losses, damages, liabilities, obligations, penalties, costs (including reasonable attorneys’ fees) and liability resulting from such failureexpenses, including, without limiting the generality limitation, all lost profits and other consequential damages, attorneys' fees, consultants' fees and court costs incurred or suffered by or asserted against Landlord by reason of the foregoing, any claims made by any succeeding tenant founded upon such Tenant's failure to surrender and any lost profits to Landlord resulting therefromthe Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease.

Holding Over. If Tenant holds over after Upon the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration term or other termination of this Lease, Tenant shall quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted and Tenant shall remove from the Premises all of its property. The provisions If Tenant shall hold over after the expiration of this Article 16 term or other termination of this Lease, such holding over shall not be deemed to limit or constitute be a waiver renewal of any other rights or remedies this Lease but shall be deemed to create a tenancy-at-will and by such holding over Tenant shall be deemed to have agreed to be bound by all of Landlord provided herein or the terms and conditions of this Lease except those as to the term hereof, and except that during such tenancy-at-will, Tenant shall pay One Hundred Fifty Percent (150.0%) of all monthly rentals due at lawthat time including Monthly Base Rent, CAM, and Impositions. If any rent or other sum owing under this Lease is collected by or through an attorney-at-law, Tenant fails agrees to pay Landlord’s reasonable attorney’s fees. Tenant shall surrender all keys to the Premises upon to the Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises, provided, however, Tenant may, at its option, remove any vault in the Premises at the termination or expiration of this Lease, provided Tenant restores the Premises in addition a commercially reasonable fashion. Tenant shall, at its expense, remove from the Premises on or prior to any other liabilities to Landlord accruing therefromsuch expiration or earlier termination all furnishings, Tenant shall protect, defend, indemnify fixtures and hold Landlord harmless from all loss, costs equipment situated thereon (including reasonable attorneys’ feesall exterior and interior signs) and liability resulting from such failure, including, without limiting which are not the generality property of the foregoingLandlord, and Tenant shall, at is expense, on or before such expiration or earlier termination, repair any claims made damage caused by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromremoval.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base and in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this LeaseLease multiplied by 150%. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon within forty-five (45) days following the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If In the event Tenant holds over remains in possession of any part of the Premises after the expiration of the tenancy created hereunder, without Landlord’s written consent, Tenant shall be considered a hold-over tenant subject to all of the conditions of this Lease insofar as the same are applicable to a hold-over tenant, except that the Monthly Installment of Annual Base Rent payable by Tenant shall be an amount equal to 150% of the Annual Base Rent and Additional Rent paid by Tenant during the last month of the Term or earlier termination thereofany Extended Term allowed hereunder. Notwithstanding anything to the contrary contained herein, with during any hold-over tenancy, Tenant shall vacate the express or implied consent Premises within ten (10) clays of receipt of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term’s written notice (“Holdover Notice To Vacate”). If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained remains in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises after the Holdover Notice To Vacate without the execution of a new lease, it shall be occupying the Premises as a tenant at sufferance, subject to Landlord as provided in all of the conditions of this Lease upon insofar as the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed same are applicable to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or tenant at law. If Tenant fails to surrender sufferance, except that the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, monthly rent payable by Tenant shall protect, defend, be an amount equal to 200% of the Annual Base Rent and Additional Rent paid by Tenant during the last month of the Term or any Extended Term allowed hereunder. Tenant shall indemnify and hold Landlord harmless from and against all lossclaims, liabilities, damages, costs (or expenses, including reasonable attorneys’ feesfees and costs of defending the same, incurred by Landlord and arising from Tenant’s failure to timely surrender the Premises, including (i) and liability resulting from such failureany rent payable by or any loss, includingcost, without limiting the generality or damages, including lost profits, proven by any prospective tenant of the foregoingPremises, any claims made and (ii) Landlord’s damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of the Premises by any succeeding tenant founded upon reason of such failure to timely surrender and any lost profits the Premises. Nothing contained herein shall limit Landlord’s right to Landlord resulting therefromevict Tenant as allowed under Minnesota law.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%A) the greater of (i) the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) the then fair market value applicable to the Premises as reasonably determined by Landlord, multiplied by (B) a percentage equal to (i) one hundred fifty percent (150%) during the first two (2) months immediately following the expiration or earlier termination of the Lease Term, and (ii) two hundred percent (200%) thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon on or before the later to occur of (i) the termination or expiration of this Lease, or (ii) the date that is thirty (30) days after Tenant’s receipt of written notice from Landlord (which notice may be provided to Tenant prior to said termination or expiration), then in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after 22.01 Lessee agrees that if Lessee does not surrender the expiration Premises to Lessor at the end of the Lease Term (as extended if the Option Term is properly elected), or earlier termination thereofupon any cancellation of the Term of this Lease, with the express or implied without prior written consent of LandlordLessor, such holdover tenancy shall be from month-to-month onlya tenancy at will, and during any holdover period, Lessee shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed pay to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate Lessor base rent equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided base rent specified in this Lease upon for the expiration or other termination immediately preceding lease year, without necessity of this Leaseadditional demand therefor. The provisions acceptance of this Article 16 such rent shall not be deemed to limit or constitute be a consent to such continued occupancy nor shall it be deemed a waiver of any right of the Lessor as set forth herein, at law or in equity. Should a tenancy at will be created under the provisions of this paragraph, the tenancy may subsequently be terminated by either party hereto giving fifteen (15) days’ written notice of the intention to terminate the tenancy to the other rights or remedies of Landlord provided herein or at lawparty to this Lease. If Tenant fails In addition, if such failure to surrender the Premises upon at the end of the Lease Term, or following any termination or expiration of this Leasethe Term, interferes with Lessor’s ability to deliver the Premises to a succeeding tenant pursuant to a new lease agreement executed by and between Lessor and such tenant, so long as Lessor has delivered Lessee written notice of the new lease and the date by which the Premises must be surrendered to Lessor in addition order to any other liabilities comply with the terms of such new lease (the “Absolute Surrender Date”), which notice must be received by Lessee thirty (30) days prior to Landlord accruing therefromthe Absolute Surrender Date, Tenant Lessee shall protect, defend, indemnify and hold Landlord Lessor harmless from and against all loss, costs (including reasonable attorneys’ fees) and liability losses or damages resulting from such failure, failure accruing from and after the Absolute Surrender Date including, without limiting the generality of the foregoinglimitation, any claims made losses suffered by Lessor such as lost rents as well as any damages asserted against Lessor by any succeeding tenant founded upon such failure to timely surrender the Premises. This provision does not give Lessee any right to hold-over at the expiration of the Term of this Lease, and all other terms and conditions of this Lease shall remain in force during any lost profits to Landlord resulting therefromtenancy at will created by the holding over by Lessee.

Holding Over. If Tenant holds over remains in possession of the Premises or any part thereof after the expiration of the Lease Term or earlier termination thereof, of the term hereof with the express or implied consent of Landlord's consent, such tenancy occupancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance onlyfrom month to month upon all the terms and conditions of this Lease pertaining to the obligations of Tenant, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base except that the monthly Rent payable shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base monthly Rent applicable during that was payable in the last rental period month immediately preceding the termination date of this Lease for the first thirty (30) days of such holdover, and thereafter the monthly Rent payable shall be two hundred percent (200%) of the Lease Term under monthly Rent that was payable in the month immediately preceding the termination date of this Lease. Such month-to-month tenancy If Tenant remains in possession of the Premises or tenancy by sufferanceany part thereof after the expiration of the Term hereof without Landlord's consent, Tenant shall, at Landlord's option, be treated as the case may be, shall be subject to every other applicable term, covenant and agreement contained hereina tenant at sufferance or a trespasser. Nothing contained in this Article 16 herein shall be construed as to constitute Landlord's consent by Landlord to any Tenant holding over by at the expiration or earlier termination of the Term of the Lease. Tenant hereby agrees to indemnify, hold harmless and defend Landlord from any cost, loss, claim or liability (including attorneys' fees) Landlord may incur as a result of Tenant, and Landlord expressly reserves the right to require Tenant 's failure to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month onlya tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) a percentage equal to 150% during the first two (2) months immediately following the expiration or earlier termination of the Lease Term, and 200% thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds Should Tenant, without Landlord's written consent, hold over after the expiration termination of this Lease, Tenant shall become a tenant at sufferance upon each and all of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, terms herein provided as may be applicable to such a tenancy shall be from month-to-month only, and any such holding over shall not constitute a renewal hereof or an extension for any further termof this Lease. If During such holding over, Tenant holds over after the expiration of the Lease Term of earlier termination thereofshall pay in advance, without the express or implied consent of Landlordmonthly, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable Basic Rental at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during rate in effect for the last rental period month of the Lease Term under of this Lease. Such month-, in addition to-month tenancy or tenancy , and not in lieu of, all other payments required to be made by sufferance, as the case may be, shall be subject Tenant hereunder including but not limited to every other applicable term, covenant and agreement contained hereinTenant's Proportionate Share of any increase in Direct Costs. Nothing contained in this Article 16 5 shall be construed as consent by Landlord to any holding over of the Premises by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other earlier termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawthe Term. If Tenant fails to surrender the Premises upon the expiration or termination or expiration of this Lease, in addition Tenant agrees to any other liabilities to Landlord accruing therefromindemnify, Tenant shall protect, defend, indemnify defend and hold Landlord harmless from all costs, loss, costs (expense or liability, including reasonable attorneys’ fees) and liability resulting from such failurewithout limitation, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromreal estate brokers claims and attorney's fees and costs.

Holding Over. If Tenant holds over after At the expiration of the Lease Term Term, Tenant shall surrender the Premises in substantially the same condition as existed upon delivery of possession thereof to Tenant, reasonable wear and tear, damage by fire or earlier termination thereofother casualty or condemnation, maintenance, repairs and replacements which Landlord is required to make hereunder, and damage caused by Landlord, its employees, agents, representatives and contractors or due to Landlord’s failure to perform its obligations hereunder, excepted, and otherwise in the condition required by the other terms of this Lease. If Tenant shall hold over in the Premises after expiration of the Term, Tenant’s hold over, whether or not with the express consent or implied consent acquiescence of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be that of a tenancy by at sufferance onlyand in no event from month to month or from year to year, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, it shall be subject to every other all of the terms, covenants and conditions of this Lease applicable termthereto, covenant except Rent, and agreement contained herein. Nothing contained in no extension or renewal of this Article 16 Lease shall be construed as consent deemed to have occurred by such holding over. The Rent for any such holdover period shall be 150% of the amount of Rent immediately prior to the expiration of the Term, in advance and without deduction or offset. Tenant shall indemnify Landlord against all claims for damages by any other tenant to whom Landlord may have leased all or any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession part of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises effective upon the termination or expiration of this Lease, in addition to any and for all other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all losslosses, costs (and expenses, including reasonable attorneys’ fees) and liability resulting from , incurred by reason of such failure, including, without limiting the generality holding over. Nothing contained in this Section 12.20 or this Lease shall be construed as a grant of Landlord’s permission for Tenant to remain in possession of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.Premises after the expiration of this Lease without the execution of a new Lease. INDUSTRIAL LEASE

Holding Over. If Tenant holds over after (directly or through any transferee or other successor -in-interest of Tenant) fails to quit, vacate and surrender exclusive possession of any portion of the Premises upon the expiration or earlier termination of the Lease Term or earlier termination thereof, with in the express or implied consent of Landlordcondition required by this Lease, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration subject to all of the Lease Term of earlier termination thereofterms and conditions hereof; provided, without the express or implied consent of Landlordhowever, that such tenancy shall be deemed to be a tenancy by at sufferance onlyfor the entire Premises, and Tenant shall not constitute a renewal hereof or an extension for any further term. In either case, Base pay Monthly Rent shall be payable at a monthly rate equal to the following: (i) one hundred twenty-five percent (125%) of the Base Rent applicable during the last calendar month of the Lease Term for the first thirty (30) days of holdover and (ii) one hundred fifty percent (150%) of the Base Rent applicable during the last rental period calendar month of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferancethereafter, as plus one hundred percent (100%) of the case may be, shall be subject to every other applicable term, covenant and agreement contained hereinAdditional Rent. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other earlier termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of waive any other rights or remedies of Landlord provided herein by Applicable Law. In addition, provided that Landlord has given Tenant no less than thirty (30) days’ prior notice that it has or at law. If Tenant fails intends to surrender enter into a succeeding lease or occupancy agreement for the Premises upon or any portion thereof, if Landlord is unable to deliver possession of the termination Premises or expiration any portion thereof to a new tenant or to perform improvements for a new tenant as a result of this Lease, in addition to any other liabilities to Landlord accruing therefromTenant’s holdover, Tenant shall protectbe liable for all damages, defendincluding lost profits, indemnify and hold that Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality incurs as a result of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromholdover.

Holding Over. If 24.1 In the event Tenant holds over remains in possession of the Demised Premises after the expiration of this lease and without the Lease Term execution of a new lease or earlier termination thereofan amendment hereto, with the express or implied consent of Landlord, such tenancy it shall be deemed to be occupying said premises as a tenant from month to month at a rental equal to the rental herein provided plus (i) fifty percent (50%) of such amount for the first ninety (90) days of the holdover period and (ii) one hundred percent (100%) of such amount thereafter, and otherwise subject to all the conditions, provisions and obligations of this lease insofar as the same are applicable to a month-to-month only, and tenancy. Neither any provision hereof nor acceptance by Landlord of rent after such expiration or earlier termination shall not constitute be deemed a consent to a holdover hereunder or result in a renewal hereof of this lease or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without Term. Notwithstanding any provision to the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contrary contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and (i) Landlord expressly reserves the right to require Tenant to surrender possession of the Demised Premises to Landlord as provided in this Lease upon the expiration or other termination of the Term of this Lease. The provisions of this Article 16 shall not be deemed to limit lease or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the earlier termination hereof, the right to reenter the Demised Premises, and the right to assert any remedy at law or expiration of this Leasein equity to evict Tenant and collect damages in connection with any such holding over, in addition to any other liabilities to Landlord accruing therefrom, and (ii) Tenant shall protectindemnify, defend, indemnify defend and hold Landlord harmless from and against any and all lossclaims, demands, actions, losses, damages, obligations, costs (including reasonable attorneys’ fees) and liability resulting from such failureexpenses, including, without limiting the generality limitation, attorneys' fees incurred or suffered by Landlord by reason of the foregoing, any claims made by any succeeding tenant founded upon such Tenant's failure to surrender and any lost profits to Landlord resulting therefromthe Demised Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this lease.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) a percentage equal to one hundred fifty percent (150%) during the first two (2) months immediately following the expiration or earlier termination of the Lease Term, and two hundred percent (200%) thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds There shall be no renewal, extension, or reinstatement of this Lease by operation of law. In the event of holding over by Lessee after the expiration or sooner termination of this Lease, with Lessor's acquiescence and without any express agreement of the Lease Term or earlier termination thereofparties, with the express or implied consent of Landlord, such tenancy Lessee shall be from month-to-month onlya tenant at sufferance and all of the terms, covenants, and conditions of this Lease shall not constitute a renewal hereof or an extension be applicable during that period, except that Lessee shall pay Lessor as Base Rent for any further term. If Tenant holds over after the expiration period of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or hold over an extension for any further term. In either case, Base Rent shall be payable at a monthly rate amount equal to one hundred fifty percent (150%) of and one-half times the Base Rent applicable during which would have been payable by Lessee under Paragraph 2.1 hereof, as adjusted in accordance with paragraph 3.1 hereof, had the last rental hold-over period been part of the original Lease Term Term, together with all additional rent due hereunder and together with any other Amount Due under this Lease. Such monthThe rent payable by Lessee during the hold-to-month tenancy or tenancy by over period shall be payable to Lessor on demand. If Lessee holds over as a tenant at sufferance, as the case may be, Lessee shall be subject to every other applicable term, covenant vacate and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of deliver the Premises to Landlord as provided in this Lease Lessor upon demand. In the event Lessee fails to surrender the Premises to Lessor upon expiration or other termination of this Lease. The provisions Lease or of this Article 16 such tenancy at sufferance, then Lessee shall not be deemed to limit indemnify Lessor against any and all loss or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failureany delay of Lessee in surrendering the Premises, including, without limiting the generality of the foregoingbut not limited to, any claims made by any succeeding tenant founded upon such failure amounts required to surrender be paid to third parties who were to have occupied the Premises and any lost profits to Landlord resulting therefromreasonable attorneys' fees related thereto.

Holding Over. If Tenant holds Should Tenant, without Landlord’s written consent, hold over after the expiration termination of this Lease, Tenant shall become a tenant at sufferance upon each and all of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, terms herein provided as may be applicable to such a tenancy shall be from month-to-month only, and any such holding over shall not constitute a renewal hereof or an extension for any further termof this Lease. If During such holding over, Tenant holds over after the expiration of the Lease Term of earlier termination thereofshall pay in advance, without the express or implied consent of Landlordmonthly, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable Basic Rental at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during rate in effect for the last rental period month of the Term of this Lease Term under this Lease. Such month-or one hundred fifty percent (150%) of Landlord’s then asking rate for comparable space in the Project, whichever is greater, in addition to-month tenancy or tenancy , and not in lieu of, all other payments required to be made by sufferance, as the case may be, shall be subject Tenant hereunder including but not limited to every other applicable term, covenant and agreement contained hereinTenant’s Proportionate Share of any increase in Direct Costs. Nothing contained in this Article 16 5 shall be construed as consent by Landlord to any holding over of the Premises by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other earlier termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawthe Term. If Tenant fails to surrender the Premises upon the expiration or termination or expiration of this Lease, in addition Tenant agrees to any other liabilities to Landlord accruing therefromindemnify, Tenant shall protect, defend, indemnify defend and hold Landlord harmless from all costs, loss, costs (expense or liability, including reasonable attorneys’ fees) and liability resulting from such failurewithout limitation, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromreal estate brokers claims and attorney’s fees and costs.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) % of the Base Rent applicable during the last rental period of the Lease Term under this LeaseLease and Tenant shall continue to be obligated to pay Tenant’s Share of Operating Expenses and Taxes during such holdover period. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord Lan dlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon within thirty (30) days following the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If In the event of holding over by Tenant holds over after expiration or termination of this Lease without the expiration of the Lease Term or earlier termination thereof, with the express or implied written consent of Landlord, such tenancy Tenant shall be from month-to-pay for each month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration portion thereof of the Lease Term holdover tenancy holdover rent at the rate of earlier termination thereof, without twice the express rate of Gross Rent which Tenant was obligated to pay for the month or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) portion thereof immediately preceding the end of the Base Rent applicable during the last rental period of the Lease Term under this Leasetogether with such other amounts as may become due hereunder. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any No holding over by Tenant after the Term or Extended Term shall operate to extend the Term. In the event of any unauthorized holding over, Landlord may give notice to Tenant of such holdover, and, if Landlord gives such notice to Tenant, and Tenant shall indemnify Landlord expressly reserves the right (i) against all claims for damages by any other tenant to require Tenant to surrender possession whom Landlord may have leased all or any part of the Leased Premises to Landlord as provided in this Lease covered hereby effective upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any , and (ii) for all other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all losslosses, costs (and expenses, including reasonable attorneys’ fees) and liability resulting from , incurred by Landlord by reason of such failure, including, without limiting the generality holding over. Landlord shall include in its notice to Tenant hereunder an estimate of the foregoingdamages which Landlord reasonably anticipates suffering in the six (6) months following such notice as a result of Tenant’s holdover, but such indemnity shall be effective whether or not any claims made of the damages actually suffered by Landlord were set forth in Landlord’s notice to Tenant and shall not in any succeeding tenant founded upon such manner be limited to Landlord’s failure to surrender and list any lost profits such damage in its notice to Tenant so long as Landlord resulting therefromwas reasonable in furnishing Tenant its estimate. Any holding over with the consent of Landlord in writing shall thereafter constitute a lease from month to month subject to the terms hereof.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to (i) for the first (1st) month of any such holdover, the same Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) thereafter, one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs costs, expenses, damages and liabilities (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after fails to vacate the Premises at expiration of the Lease Term or earlier termination thereofof the Term, with the express or implied consent of Landlord, such tenancy then Tenant shall be from month-to-month onlya tenant at sufferance as to such space and, in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall not constitute pay, in addition to the other Rent, holdover rent (on a renewal hereof or an extension per diem basis) for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate Premises equal to one hundred fifty percent (150%) 125% of each of the Base Rent applicable and Tenant’s Pro Rata Share of Operating Expenses payable during the last rental period month of the Lease Term under this Lease. Such month-to-for the first thirty (30) days of any such holdover and, if such holdover continues for more than 30 days, then such holdover rent (on a per diem basis) after the initial 30 days shall be equal to 150% of each of the Base Rent and Tenant’s Pro Rata Share of Operating Expenses payable during the last month tenancy or tenancy by sufferanceof the Term, as the case may be, and (b) Tenant shall otherwise continue to be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by all of Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of ’s obligations under this Lease. The provisions of this Article 16 Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawlaw or a consent by Landlord to any holding over by Tenant and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises upon the expiration of the Term or upon the earlier termination hereof and to assert any remedy in law or equity to evict Tenant and/or collect damages (direct, indirect and/or consequential) in connection with such holding over. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord the Indemnified Parties harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, including any claims made by any succeeding tenant lessees founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) 150%. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. Tenant shall have no right to remain in possession of all or any part of the Premises after the expiration or earlier termination of the Term. If Tenant holds over remains in possession of all or any part of the Premises after the expiration of the Lease Term or earlier termination thereofTerm, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, : (a) such tenancy shall be deemed to be a tenancy by at sufferance only, and ; (b) such tenancy shall not constitute a renewal hereof or an extension of this Lease for any further termTerm; and (c) such tenancy may be terminated by Landlord upon the earlier of five (5) days’ prior written notice or the earliest date permitted by law. In either casethe event Tenant remains in possession after the expiration of the Term, Monthly Base Rent shall be payable at a monthly rate increased to an amount equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable payable during the last rental period month of the Term as it may have been extended, and any other sums due under this Lease Term under shall be payable in the amount and at the times specified in this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, at sufferance shall be subject to every other applicable term, condition, and covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The foregoing provisions of this Article 16 shall 34.11 are in addition to and do not be deemed to limit affect Landlord’s right of re-entry or constitute a waiver of any other rights or remedies of Landlord under this Lease or as otherwise provided herein or at by law. If Tenant fails to surrender the Premises upon the expiration or termination or expiration of this Lease, in addition Lease despite demand to any other liabilities to Landlord accruing therefromdo so by Landlord, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failureloss or liability, including, without limiting the generality of the foregoinglimitation, any claims claim made by any succeeding tenant founded upon on or resulting from such failure to surrender and any lost profits to Landlord resulting therefromattorney’s fees and costs.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied written consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied written consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to (i) one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this LeaseLease for the initial two (2) months of such holdover, and (ii) two hundred percent (200%) thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon within thirty (30) days following the early termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration shall pay Landlord for each day Tenant retains possession of the Premises or part of them after termination of this Lease Term by lapse of time or earlier termination thereof, with otherwise at the express or implied consent of Landlord, such tenancy rate ("Holdover Rate") which shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (One Hundred Fifty Percent ( 150%) of the Base Minimum Monthly Rent applicable during for the last rental period prior to the date of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferancesuch termination plus Tenant's Proportionate Share of Operating Costs, as the case may beReal Estate Taxes and Insurance, shall be subject to every other applicable termprorated on a daily basis, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent also pay all actual damages sustained by Landlord by reason of such retention. If Landlord gives notice to any Tenant of Landlord's election to such effect, such holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession shall constitute renewal of the Premises to Landlord as provided in this Lease upon for a period from month to month at the expiration or other termination Holdover Rate, but if the Landlord does not so elect, no such renewal shall result notwithstanding acceptance by Landlord of this Lease. The provisions of this Article 16 any sums due hereunder after such termination; and instead, a tenancy at sufferance at the Holdover Rate shall not be deemed to limit have been created. In any event, no provision of this Section 33.2 shall be deemed to waive Landlord's right of reentry or constitute a waiver of any other rights or remedies of Landlord provided herein right under this Lease or at law. If Additionally, in the event that upon termination of the Lease, Tenant fails has not fulfilled its obligation with respect to surrender repairs and cleanup of the Leased Premises upon the termination or expiration of any other Tenant obligations as set forth in this Lease, in addition then Landlord shall have the right to perform any other liabilities to Landlord accruing therefromsuch obligations as it deems necessary at Tenant's sole cost and expense, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits time required by Landlord to Landlord resulting therefromcomplete such obligations shall be considered a period of holding over and the terms of this section shall apply.

Holding Over. If Tenant holds Should Tenant, without Landlord's written consent, hold over after the expiration termination of this Lease, Tenant shall become a tenant at sufferance upon each and all of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, terms herein provided as may be applicable to such a tenancy shall be from month-to-month only, and any such holding over shall not constitute a renewal hereof or an extension for any further termof this Lease. If During such holding over, Tenant holds over after the expiration of the Lease Term of earlier termination thereofshall pay in advance, without the express or implied consent of Landlordmonthly, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable Basic Rental at a monthly rate equal to one hundred fifty percent (150%) [***] of the Base Rent applicable during rate in effect for the last rental period month of the Lease Term under of this Lease. Such month-, in addition to-month tenancy or tenancy , and not in lieu of, all other payments required to be made by sufferance, as the case may be, shall be subject Tenant hereunder including but not limited to every other applicable term, covenant and agreement contained hereinTenant's Proportionate Share of any increase in Direct Costs. Nothing contained in this Article 16 5 shall be construed as consent by Landlord to any holding over of the Premises by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other earlier termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawthe Term. If Landlord provides Tenant with at least thirty (30) days prior written notice that Landlord has a signed proposal or lease from a succeeding tenant to lease the Premises, and if Tenant fails to surrender the Premises upon the later of (i) the date of expiration of such thirty (30) day period, or (ii) the date of expiration or termination or expiration of this Lease, in addition Tenant agrees to any other liabilities to Landlord accruing therefromindemnify, Tenant shall protect, defend, indemnify defend and hold Landlord harmless from all costs, loss, costs (expense or liability, including reasonable attorneys’ fees) and liability resulting from such failurewithout limitation, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromreal estate brokers claims and attorney's fees and costs.

Holding Over. 6 If possession of the Premises is not surrendered to Landlord on the Expiration Date or earlier 7 termination of this Lease, then Tenant shall pay to Landlord on account of use and occupancy of the 8 Premises, for each month (or any portion thereof) during which Tenant (or a Person claiming by, through 9 or under Tenant) holds over in the Premises after the expiration Expiration Date, an amount equal to the greater of 10 one and one-half (1.5) times: (i) the aggregate Rental that was payable under this Lease during the last 11 month of the Lease Term Term; and (ii) the then fair market rental value of the Premises plus the monthly Additional 12 Rent that was payable by Xxxxxx during the last month of the Term. Xxxxxxxx's right to collect such 13 amount from Tenant for use and occupancy shall be in addition to any other rights or remedies that 14 Landlord may have hereunder or at law or in equity. Nothing contained in this Section 23.01 shall permit 15 Tenant to retain possession of the Premises after the Expiration Date, or earlier termination thereofdate, with or limit 16 in any manner Xxxxxxxx's right to regain possession of the express Premises, through summary proceedings or implied consent 17 otherwise. Xxxxxxxx's acceptance of Landlord, such tenancy shall be any payments from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of Expiration Date, or earlier 18 termination thereofdate, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy on account of the amount to be paid by sufferance onlyTenant in accordance with 19 the provisions of this Section 23.01. Tenant expressly waives, for itself and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term person claiming 20 through or under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, any rights that Tenant or any such person may have under the provisions of 21 legal requirements, in connection with any holdover summary proceedings that Landlord may institute to 22 enforce the foregoing provisions of this Article. Tenant shall indemnify, defend and Landlord expressly reserves the right to require Tenant hold harmless 24 without limitation, consequential damages), costs and/or expenses (including, without limitation, 25 attorneys' fees and expenses) resulting from any failure by Xxxxxx to surrender possession of the Premises to Landlord as provided in the manner 26 and condition required by this Lease upon the expiration of the Term or other earlier termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, 27 including, without limiting the generality of the foregoinglimitation, any claims made by any succeeding proposed new tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromfailure.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance “at-will” only, and shall shalt not constitute a renewal hereof or an extension for any further term. In either case, and in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) % of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month“at-to-month will” tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. For purposes of this Article 16, a holding over shall include Tenant’s remaining in the Premises after the expiration or earlier termination of the Lease Term. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to (i) one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this LeaseLease for the first (1st) two (2) months of such holdover, and (ii) two hundred percent (200%) thereafter plus one hundred percent (100%) of all Additional Rent. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed Unless otherwise agreed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent writing by Landlord to any holding over by and Tenant, and Landlord expressly reserves the right to require if Tenant to surrender retains possession of the Premises to Landlord as provided in this Lease upon or any part thereof after the expiration or other earlier termination of this Lease, Tenant shall pay Landlord Rent at 150% of the monthly rate in effect immediately prior to the termination of the Term for the time Tenant thus remains in possession and, in addition thereto, Tenant shall pay Landlord for all damages, consequential as well as direct, sustained by reason of Tenant's retention of possession. The provisions of this Article 16 10 do not exclude Landlord's rights of re-entry or any other right hereunder. No such holding over shall not be deemed to limit or constitute a waiver renewal or extension of any other the Term hereof and Landlord will retain all rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender re-enter the Premises upon from and after the expiration or earlier termination or expiration of this Lease. Further, in addition from and after the date that Landlord has provided written notice to Tenant that Landlord desires possession of the Premises, effective at any other liabilities time on or after the expiration or termination of this Lease (but not earlier than thirty (30) days following the provision of such notice), to either (i) prepare the same for the possession thereof by a new tenant or (ii) to provide possession of the same to a new tenant, Tenant will be liable to Landlord accruing therefromfor all consequential damages suffered by Landlord as a result of Tenant's continuing occupancy of the Premises, Tenant shall protect, defend, indemnify and hold Landlord harmless including without limitation damages arising from all lossincreased costs to prepare the Premises (or any part thereof) more quickly for such new tenant, costs (including reasonable attorneys’ fees) for concessions to such new tenant arising from delayed occupancy, damages for which Landlord is liable to such new tenant as a result of Landlord's inability to deliver the Premises as and liability resulting from such failure, including, without limiting the generality of the foregoing, when required under any claims made by any succeeding tenant founded upon such failure to surrender new agreement and any lost profits rental or other consideration, any tenant improvements completed or Realtor fees owed, from a lease that is terminated by a tenant due to the inability of Landlord resulting therefromto deliver the Premises to such new tenant as provided in a written lease with such tenant for occupancy of the Premises or any part thereof.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofTerm, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty twenty-five percent (150125%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by TenantXxxxxx, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant acknowledges that if Xxxxxx holds over without Landlord’s consent, such holding over may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Xxxxxx fails to surrender the Premises upon within ten (10) days following the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all loss, costs (including reasonable attorneys’ fees) and liability Claims resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to losses suffered by Landlord resulting therefromfrom such failure to surrender; provided, however, that in no event shall Tenant’s indemnity obligation extend to consequential, punitive, exemplary or special damages, or any damages which are not proximately caused by Xxxxxx’s failure to timely surrender the Premises.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofTerm, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this LeaseLease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all loss, costs (including reasonable attorneys’ fees) and liability claims resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any losses suffered by Landlord, including lost profits profits, resulting from such failure to Landlord resulting therefromsurrender.

Holding Over. If Tenant holds will not be permitted to hold over possession of the Premises after the expiration of the Lease Term or earlier termination thereof, with of the Term without the express or implied written consent of Landlord, such tenancy shall be from month-to-month only, which consent Landlord may withhold in its sole and shall not constitute a renewal hereof or an extension for any further termabsolute discretion. If Tenant holds over after the expiration or earlier termination of the Lease Term of earlier termination thereofTerm, without the express or implied consent of LandlordLandlord may, such tenancy shall be deemed to be at its option, treat Tenant as a tenancy by tenant at sufferance only, and such continued occupancy by Tenant shall not constitute a renewal hereof or an extension be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that the Monthly Base Rent for any further term. In either case, Base Rent such holdover period shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term in effect under this LeaseLease immediately prior to such holdover, prorated on a daily basis. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent Acceptance by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the rent after such expiration or other earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Article 16 shall Paragraph 11 are in addition to and do not be deemed to limit affect Landlord's right of re-entry or constitute a waiver of any other rights or remedies of Landlord under this Lease or as otherwise provided herein or at by law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, Lease in addition accordance with the terms of this Paragraph 11 despite demand to any other liabilities to Landlord accruing therefromdo so by Landlord, Tenant shall agrees to promptly indemnify, protect, defend, indemnify defend and hold Landlord harmless from all lossclaims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including reasonable attorneys’ fees) ' fees and liability resulting from such failurecosts), including, without limiting limitation, costs and expenses incurred by Landlord in returning the generality of Premises to the foregoing, any condition in which Tenant was to surrender it and claims made by any succeeding tenant founded upon such on or resulting from Tenant's failure to surrender and any lost profits to Landlord resulting therefromthe Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. If Tenant holds over after will, at the expiration of this Lease Agreement, whether by lapse of time or termination, give up immediate possession to Landlord. If Tenant fails to give up possession the Lease Term Landlord may, at its option, serve written notice upon Tenant that such holdover constitutes any one of (i) creation of a month‑to‑month tenancy, or earlier termination thereof(ii) creation of a tenancy at sufferance. If Landlord does not give said notice, with Tenant’s holdover shall create a tenancy at sufferance. In any such event the express or implied consent of Landlord, such tenancy shall be from month-to-month onlyupon the terms and conditions of this Lease Agreement, and except that the Minimum Rental shall not constitute be double the Minimum Rental Tenant was obligated to pay Landlord under this Lease Agreement immediately prior to termination (in the case of tenancy at sufferance such Minimum Rental shall be prorated on the basis of a renewal hereof or an extension 365 day year for each day Tenant remains in possession); excepting further that in the case of a tenancy at sufferance, no notices shall be required prior to commencement of any further term. If Tenant holds over after the expiration legal action to gain repossession of the Lease Term Premises. In the case of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, Tenant shall be subject also pay to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent Landlord all damages sustained by Landlord to any holding over resulting from retention of possession by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 paragraph shall not be deemed to limit or constitute a waiver by Landlord of any other rights right of re‑entry as otherwise available to Landlord; nor shall receipt of any rent or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality act in apparent affirmance of the foregoing, any claims made tenancy operate as a waiver of the right to terminate this Lease Agreement for a breach by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromTenant hereof.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) % of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable for the first sixty (60) days at a monthly rate equal to one hundred fifty percent (150%) % of the Rent applicable during the last rental period of the Lease Term under this Lease, and thereafter at a monthly rate equal to 200% of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. For purposes of this Article 16, a holding over shall include Tenant’s remaining in the Premises after the expiration or earlier termination of the Lease Term, as required pursuant to the terms of Section 8.5, above, to remove any Alterations or Above Building Standard Tenant Improvements located within the Premises and replace the same with Building Standard Tenant Improvements. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject [Blade Therapeutics, Inc.] to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Holding Over. If Tenant holds over the Leased Premises are not vacated and surrendered in accordance with this Lease on the expiration or termination of this Lease Agreement, Lessee shall be liable to Authority for (a) all liabilities or losses incurred by Authority in connection with such holdover, including liabilities or losses incurred in connection with any summary proceedings, action or proceeding to recover possession of the Leased Premises from Lessee, and (b) per diem use and occupancy charge in respect of the Leased Premises equal to two (2) times the Annual Base Rent being charged Lessee at the expiration or termination of the Lease, and (c) all damages incurred by Authority in connection with such holdover, including any lost opportunity damages incurred by Authority. If only a portion of the Leased Premises is timely vacated and surrendered, Lessee shall nevertheless remain liable for per diem use and occupancy with respect to the entire Leased Premises, but any reletting proceeds received by Authority during the period of Lessee’s holdover shall be credited against Lessee’s liability for use and occupancy for the entire Leased Premises. In no event shall this Section be construed as permitting Lessee (or other occupants) to remain in possession of the Leased Premises after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 Lessee shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Leaseindemnify, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify defend and hold Landlord harmless from Authority against all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims Claims made by any succeeding tenant founded upon tenants to the extent such claims arise by reason of the failure of Lessee timely to vacate and surrender and the Leased Premises (or any lost profits to Landlord resulting therefromportion thereof) in accordance with this Lease. Authority may recover amounts due it under this Section in any summary proceeding and/or any separate action or proceeding.

Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the greater of (i) the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) the fair market rental rate of the Premises as of the commencement of such holdover period. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.