Common use of Holding Over Clause in Contracts

Holding Over. If Tenant should remain in possession of all or any portion of the Tenant Space after the expiration of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover.

Holding Over. Without Landlord’s prior written consent, Tenant may not occupy or retain, or allow any subtenant to occupy or retain, possession of the Premises at any time after the Term ends. If without Landlord’s prior written consent Tenant should remain holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of all or any portion of the Tenant Space Premises after the expiration of Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term of this Lease (or any earlier termination of this Lease or continued during the termination of Tenant’s right holdover period. If Tenant continues to possess occupy the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of Premises after the Term of this Leaseends, then Tenant shall will be deemed liable to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such damages will be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as of the first day of such month, and Tenant will not be entitled to a refund or reduction of Rent for any such partial month. Any security deposit provided to Landlord during pursuant to the last month of the Term terms of this Lease and one hundred percent (100%) will be forfeited. Holdover occupancy by Tenant will be subject to all of the Additional Rent payable by Tenant to Landlord during the last month of the Term terms, agreements, and conditions of this Lease. The monthly rent payable for such holdover period shall Tenant acknowledges and agrees that Landlord intends to lease the Premises (in no event be construed whole, in part, or as a penalty part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or as liquidated damages for such retention other violation of possession, nor shall such monthly rent be considered to be any form the provisions of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or this Section 26.2 may result in a renewal of this Lease or an extension of the Term, or material damages to Landlord (including any waiver of any of Landlord’s rights or remedies with respect damages to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverits reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy of the Premises.

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

Holding Over. If Tenant should remain in possession of all or any portion of the Tenant Space after This Lease shall terminate without further notice upon the expiration of the Term Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease (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 Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of Tenant’s right this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to possess the Tenant Space)other. In either of such events, without the execution by Landlord and Tenant of a new lease or an extension possession shall be subject to all of the Term terms of this Lease, then Tenant except that for the initial two (2) months of holdover the monthly Basic Rent shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Basic Rent payable by Tenant to Landlord during for the last month immediately preceding the date of termination, and thereafter the Term monthly Basic Rent shall be the greater of this Lease and (a) one hundred fifty percent (100150%) of the Additional Basic Rent payable by Tenant to Landlord during for the last month immediately preceding the date of termination or (b) the Term of this Leasethen currently scheduled Basic Rent for comparable space in the Project. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any monthly holdover hereunder or result rental in a renewal of this Lease or an extension of the Term, or any lesser amount shall not constitute a waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require recover the full amount due for any holdover by Tenant, unless otherwise agreed in writing by Landlord. If Tenant fails to surrender possession of the Tenant Space Premises upon the expiration of the Term this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverlaw.

Holding Over. If Tenant should remain (directly or through any successor-in-interest of Tenant) remains in possession of all or any portion of the Tenant Space Premises after the expiration of the Term of this Lease (or any earlier termination of this Lease or without the termination written consent of Landlord, Tenant’s right to possess continued possession shall be on the Tenant Space), without the execution by Landlord and Tenant basis of a new lease tenancy at the sufferance of Landlord. In such event, Tenant shall continue to comply with or an extension perform all the terms and obligations of the Term of Tenant under this Lease, then Tenant except that the Monthly Base Rent during Tenant’s holding over shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Monthly Base Rent and Additional Charges payable by Tenant to Landlord during in the last full month of prior to the Term termination or expiration of this Lease and one hundred percent (100%) subject to a 3% increase on each anniversary of the Additional Rent payable Building 2 Commencement Date occurring after such holding over begins). In addition to Rent, Tenant shall pay Landlord for all damages proximately caused by Tenant to Landlord during the last month reason of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such Tenant’s retention of possession. Neither any provision hereof nor any Landlord’s acceptance by Landlord of any rent Rent after any such expiration or earlier the termination of this Lease shall be deemed a consent to any holdover hereunder or result in not constitute a renewal of this Lease Lease, and nothing contained in this provision shall be deemed to waive Landlord’s right of re-entry or an extension any other right hereunder or at law. Tenant acknowledges that, in Landlord’s marketing and re-leasing efforts for the Premises, Landlord is relying on Tenant’s vacation of the TermPremises on the Expiration Date. Accordingly, Tenant shall indemnify, defend and hold Landlord harmless from and against all claims, liabilities, losses, costs, expenses and damages arising or resulting directly or indirectly from Tenant’s failure to timely surrender the Premises, including (i) any loss, cost or damages suffered by any prospective tenant of all or any part of the Premises, and (ii) Landlord’s damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of all or any portion of the Premises by reason of such failure of Tenant to timely surrender the Premises. Upon written request from Tenant received during the last three (3) months of the Lease, Landlord shall advise Tenant whether a new lease, or a letter of intent for a new lease, has been entered into for any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession portion of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverPremises.

Holding Over. If Tenant should remain in possession of all or any portion of the Tenant Space holds over after the expiration of the Lease Term of this Lease (hereof, with or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord express or implied consent of Landlord, such tenancy shall be from month-to-month only, and Tenant of shall not constitute a new lease renewal hereof or an extension of the Term of this Leasefor any further terms, then Tenant and in such case Base Rent shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord payable at a monthly Base Rent in an amount 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. Notwithstanding anything set forth in this Article 16 to the contrary, Tenant shall, in the event Tenant has not exercised any extension option, have the one-time right to extend the initial Term of the Lease for a period of up to three (3) months (“Temporary Extension Term”) by delivering written notice of the exercise of such right at least one hundred eighty (180) days 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, at Landlord’s option, and 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. If Tenant timely exercises such renewal right, all of the terms and conditions of this Lease shall apply during the Temporary Extension Term except that the monthly Base Rent payable by Tenant for such Temporary Extension Term shall be equal to Landlord during the last month of the Term of this Lease and one hundred twenty-five percent (100125%) of the Additional Base Rent payable by Tenant to Landlord during the last month of the Term of rental period under this Lease (in addition to Tenant’s other monetary obligations under this Lease). The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination Any month-to-month tenancy shall be deemed a consent subject to any holdover hereunder or result in a renewal of this Lease or an extension of the Termevery other term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, covenant and notwithstanding any provision to the contrary agreement contained herein, . Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Tenant Space 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. Except with respect to Tenant’s occupancy of the Term Premises during the Temporary Extension Term, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease or 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 the earlier termination hereof or at such failure to surrender, and any time during any holdover and the right lost profits to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverLandlord resulting therefrom.

Holding Over. If Tenant should remain in holds possession of all the Property or any portion of the Tenant Space thereof after the expiration of the Term term of this Lease WITH Landlord's written consent, then except as otherwise specified in such consent, Tenant shall become a tenant from month to month at one hundred twenty-five percent (125%) of the rental and otherwise upon the terms herein specified for the period immediately prior to such holding over and shall continue in such status until the tenancy is terminated by either party upon not less than thirty (30) days prior written notice. If Tenant holds possession of the Property or any earlier termination portion thereof after the term of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this LeaseWITHOUT Landlord's written consent, then Landlord in its sole discretion may elect (by written notice to Tenant) to have Tenant shall be deemed become a tenant either from month to be occupying the entire Tenant Space as a tenant-at-sufferancemonth or at will, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to at one hundred fifty percent (150%) of the Base Rent payable rental (prorated on a daily basis for an at-will tenancy, if applicable) and otherwise upon the terms herein specified for the period immediately prior to such holding over, or may elect to pursue any and all legal remedies available to Landlord under applicable law with respect to such unconsented holding over by Tenant. Tenant shall indemnify and hold Landlord harmless from any loss, damage, claim, liability, cost or expense (including reasonable attorneys' fees) resulting from any delay by Tenant in surrendering the Property or any portion thereof, including but not limited to any claims made by a succeeding tenant by reason of such delay; PROVIDED, however, that the indemnification and hold harmless obligation set forth in this sentence shall not apply with respect to any holdover period to which Landlord during has consented in writing, except to the last month extent either (i) Tenant fails to vacate and surrender the Premises by the end of the Term holdover period to which Landlord has thus consented, or (ii) Landlord advised Tenant in writing of Landlord's anticipated damages from Tenant's holding over at the time Landlord granted its written consent to such holding over. Acceptance of rent by Landlord following expiration or termination of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in not constitute a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverLease.

Holding Over. If Tenant should remain in possession of all or any portion of the Tenant Space after This Lease shall terminate without further notice upon the expiration of the Term Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease (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 Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of Tenant’s right this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to possess the Tenant Space)other. In either of such events, without the execution by Landlord and Tenant of a new lease or an extension possession shall be subject to all of the Term terms of this Lease, then Tenant except that the monthly Basic Rent shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all greater of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to (a) one hundred fifty percent (150%) of the Base Basic Rent payable by Tenant to Landlord during for the last month immediately preceding the date of termination or (b) the Term of this Lease and one hundred percent (100%) of then currently scheduled Basic Rent for comparable space in the Additional Rent payable by Tenant to Landlord during the last month of the Term of this LeaseProject. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any monthly holdover hereunder or result rental in a renewal of this Lease or an extension of the Term, or any lesser amount shall not constitute a waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require recover the full amount due for any holdover by Tenant, unless otherwise agreed in writing by Landlord. If Tenant fails to surrender possession of the Tenant Space Premises upon the expiration of the Term this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverlaw.

Holding Over. If the Tenant should remain in holds over possession of all the Leased Property or any part thereof beyond the Expiration Date or sooner termination of this Lease, such holding over shall not be deemed to extend the Term or renew this Lease but such holding over shall continue upon the terms, covenants and conditions of this Lease as a tenant at will except that the Tenant agrees that the charge for use and occupancy of the applicable portion of the Leased Property for each calendar month or portion thereof that the Tenant Space after holds over shall be a liquidated amount equal to one-twelfth (1/12th) of 1.5 times the expiration Basic Rent and Supplemental Rent required to be paid by the Tenant for such portion of the Term of this Lease (Leased Property during the calendar year preceding the Expiration Date or any earlier sooner termination of this Lease or multiplied by a fraction, the termination numerator of Tenant’s right to possess which shall be the number of days of such month during which the Tenant Space), without the execution by Landlord and Tenant was in possession of a new lease or an extension such portion of the Term Leased Property and the denominator of which shall be the total number of days of such month. The parties recognize and agree that the damage to the Landlord resulting from any failure by the Tenant to timely surrender possession of the Leased Property will be extremely substantial, will exceed the amount of the monthly Basic Rent and Supplemental Rent payable hereunder and will be impossible to accurately measure. If the Leased Property is not surrendered upon the Expiration Date or sooner termination of this Lease, then in addition to the use and occupancy charge set forth above, the Tenant shall indemnify and hold harmless the Landlord against any and all losses and liabilities resulting therefrom, including, without limitation, any claims made by any succeeding tenant founded upon such delay. Nothing contained in this Lease shall be deemed to be occupying the entire Tenant Space construed as a tenant-at-sufferanceconsent by the Landlord to the occupancy or possession by the Tenant of the Leased Property beyond the Expiration Date or sooner termination of this Lease, and the Landlord, upon said Expiration Date or sooner termination of this Lease, or at any time thereafter (and notwithstanding that the Landlord may accept from the Tenant one or more payments called for by this Section 14.1), shall be entitled to the benefit of all legal remedies that now may be in force or may be hereafter enacted relating to the immediate repossession of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicableLeased Property. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term The provisions of this Lease and one hundred percent (100%) of Article shall survive the Additional Rent payable by Tenant to Landlord during the last month of the Term Expiration Date or sooner termination of this Lease. The monthly rent payable for such holdover period Nothing in this Article 14 shall in no event be construed as a penalty limit, negate or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of otherwise affect the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the Tenant's right to require Tenant to surrender possession purchase the Leased Property in accordance with the terms of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverArticle 15.

Holding Over. If Tenant should remain in possession of all or any portion of the Tenant Space after the expiration of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) the Hold Over Percentage, as hereinafter defined, of the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The “Hold Over Percentage” shall be defined as 150% for the first sixty (60) days of hold over in the Tenant Space by Tenant, or anyone claiming by, through or under Tenant after the expiration of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space) and 200% for any period of hold over by Tenant after the first sixty (60) days. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover.

Holding Over. If Tenant should remain Tenant, with or without Landlord’s consent, remains in possession of all or any portion part of the Tenant Space Premises after the expiration or earlier termination of the Term of this Lease, such occupancy shall be a tenancy from month to month, only, upon all of the provisions of this Lease pertaining to the obligations of Tenant, except for Base Rent. If Tenant holds over after the expiration or earlier termination of the Term of this Lease for thirty (30) days or less, then for such thirty (30) day hold-over period (or any portion thereof) Tenant shall pay monthly Base Rent in advance in an amount equal to one hundred twenty-five percent (125%) of monthly Base Rent payable immediately preceding the expiration of the Term. If Tenant holds over for more than thirty (30) days after the expiration or earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying for such hold-over period beginning on the entire Tenant Space as a tenantthirty-at-sufferance, upon all first (31st) day after the expiration or earlier termination of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover periodTerm of this Lease, Tenant shall pay to Landlord a monthly Base Rent in advance in an amount equal to one hundred fifty percent (150%) of the monthly Base Rent payable by Tenant to Landlord during immediately preceding the last month expiration of the Term of Term. Nothing contained in this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period Section 25 shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance consent by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As suchholding over by Tenant, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Section 25 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Term Premises upon the termination or expiration of this Lease and Landlord provides Tenant with at least fifteen (15) business days prior written notice that Landlord has a signed proposal or lease from a succeeding tenant to lease the Premises, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding Tenant founded upon the earlier termination hereof or at such failure to surrender, and any time during any holdover and the right lost profits to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverLandlord resulting therefrom.

Holding Over. If Tenant should remain in fails to deliver possession of all or any portion of the Tenant Space Premises on the Termination Date, but holds over after the expiration of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant express prior written consent of a new lease or an extension of the Term of this LeaseLandlord, then Tenant such tenancy shall be deemed to be occupying the entire Tenant Space construed as a tenant-at-sufferance, upon all of tenancy at sufferance on the same terms and conditions as are contained herein, except that the Fixed Monthly Rent payable by Tenant during such period of holding over shall automatically increase as of the Termination Date to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Fixed Monthly Rent payable by Tenant for the calendar month immediately prior to Landlord during the last date when Tenant commences such holding over (the “Holdover Rent”). During any period of holding over Tenant shall be obligated to pay Holdover Rent for a full calendar month whether or not Tenant remains in possession of the Term Premises for the entire calendar month and there shall be no pro-rata apportionment of this Lease Holdover Rent. Tenant’s payment of such Holdover Rent, and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period Landlord’s acceptance thereof, shall in no event be construed as not constitute a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance waiver by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As suchholding over, and notwithstanding any provision nor shall it be deemed to the contrary contained herein, be a consent by Landlord expressly reserves the right to require Tenant to surrender Tenant’s continued occupancy or possession of the Premises past the time period covered by Tenant’s payment of the Holdover Rent. Furthermore, if Tenant Space fails to deliver possession of the Premises to Landlord upon the expiration or earlier termination of this Lease, and Landlord has theretofore notified Tenant in writing that Landlord requires possession of the Term Premises for a succeeding tenant, 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 expenses) and liability resulting from such failure, including without limiting the foregoing, any claims made by any succeeding tenant arising out of this Lease or upon Tenant’s failure to so surrender, and any lost profits to Landlord resulting therefrom. Notwithstanding the earlier termination hereof or at provisions contained hereinabove regarding Tenant’s liability for a continuing holdover, Landlord agrees to use commercially reasonable efforts to insert into any time during any holdover and future lease of another tenant proposing to occupy the right Premises provisions similar to assert any remedy at law or those contained in equity to evict Tenant and collect Section 2.1, permitting mitigation of Tenant’s damages in connection with any such arising out of Tenant’s temporary holdover.

Holding Over. If Tenant should remain in possession of all or any portion of will, at the Tenant Space after the expiration of the Term of this Lease (or any earlier termination of this Lease by lapse of time or otherwise, yield up immediate possession to Landlord. If Tenant retains possession of the termination Leased Premises or any part thereof after such termination, then Landlord may, at its option and at any time, serve written notice upon Tenant that such holding over constitutes any one of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant (i) creation of a new lease or an extension of month to month tenancy, upon the Term of terms and conditions set forth in this Lease; or (ii) creation of a tenancy at sufferance, then Tenant shall be deemed in any case upon the terms and conditions set forth in this Lease; provided, however, that the monthly Rent (or daily Rent under (ii)) shall, in addition to all other sums which are to be occupying the entire paid by Tenant Space hereunder, whether or not as a tenant-at-sufferanceAdditional Rent, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant being paid monthly to Landlord during under this Lease immediately prior to such termination (prorated in the last month case of (ii) on the basis of a 365-day year for each day Tenant remains in possession). If no such notice is served, then a tenancy at sufferance shall be deemed to be created at the Rent in the preceding sentence. In the event a tenancy at sufferance is created, Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenant, including the loss of any proposed subsequent tenant for any portion of the Term Leased Premises if such tenancy at sufferance continues for more than thirty (30) days after Landlord’s notice that Landlord has a subsequent tenant for a portion of the Leased Premises. The provisions of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period Paragraph shall in no event be construed as not constitute a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance waiver by Landlord of any rent after right of re-entry as herein set forth; nor shall receipt of any such expiration Rent or earlier termination shall any other act in apparent affirmance of the tenancy operate as a waiver of the right to terminate this Lease for a breach of any of the terms, covenants, or obligations herein on Tenant’s part to be deemed performed or act as a consent to any holdover hereunder reformation or result in a renewal novation of this Lease or an extension of the Term, or any a waiver of any of Landlord’s rights pursuant to this Paragraph 12, including, without limitation, Landlord’s right to demand at any time one hundred fifty percent (150%) of the Rent for any period of time after the termination of this Lease whether or remedies with respect to not Landlord has accepted and deposited any Rent in a lesser amount for such holdover. As suchperiod and whether or not Landlord made any demand for any such Additional Rent, and notwithstanding any provision to the contrary contained herein, whether or not Tenant and Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term are then negotiating for extension or renewal of this Lease or upon the earlier termination hereof entry into a new lease for the Leased Premises or at for other premises and without any time during any holdover and the right condition or requirement that Landlord notify Tenant that Tenant’s holding over is wrongful or that Tenant’s holding over be held to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverbe wrongful.

Holding Over. If Tenant should remain in possession of all or any portion of the Tenant Space holds over after the expiration of the Lease Term with the express 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, and in such case Base Rent shall be payable at a monthly rate of one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease during the first two (2) months following the expiration or any earlier termination of this the Lease or Term, and two hundred percent (200%) thereafter. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. If Tenant holds over after the termination expiration of Tenant’s right to possess the Tenant Space), Lease Term without the execution by Landlord express written consent of Landlord, such tenancy shall be a tenancy at sufferance, and Tenant of shall not constitute a new lease renewal hereof or an extension for any further term, and in such case daily damages in any action to recover possession of the Term of this Lease, then Tenant Premises shall be deemed to be occupying the entire Tenant Space as calculated at a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount daily rate equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord applicable during the last month rental period of the Lease Term of under this Lease and one hundred percent (100%calculated on a per diem basis) of the Additional Rent payable by Tenant to Landlord during the last month of first two (2) months following the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination of the Lease Term, and two hundred percent (200%) thereafter. Nothing contained in this Article 16 shall be deemed a construed as consent by Landlord to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As suchholding over by Tenant, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender vacate and deliver possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this 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 Space upon holds over without Landlord’s express written consent, and tenders payment of rent for any period beyond the expiration of the Lease Term by way of check (whether directly to Landlord, its agents, or to a lock box) or wire transfer, Tenant acknowledges and agrees that the cashing of such check or acceptance of such wire shall be considered inadvertent and not be construed as creating a month-to-month tenancy, provided Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. Tenant acknowledges that any holding over without Landlord’s express written consent may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to vacate and deliver the Premises within thirty (30) days following the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims made by any succeeding tenant founded upon such failure to vacate and deliver, and any losses suffered by Landlord, including lost profits, resulting from such failure to vacate and deliver. Tenant agrees that any proceedings necessary to recover possession of the Premises, whether before or after expiration of the Lease Term, shall be considered an action to enforce the terms of this Lease or upon for purposes of the earlier termination hereof or at awarding of any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages attorney’s fees in connection with any such holdovertherewith.

Holding Over. If Tenant should remain in retains possession of all or any portion of the Tenant Space Property after the expiration of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover periodExpiration Date, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and such holding over at one hundred percent (100%) of the Additional Base Rent payable by Tenant to Landlord during in effect immediately preceding such holding over for the last first month of the Term holdover, and thereafter at one hundred twenty-five percent (125%) of Base Rent in effect immediately preceding such holding over, computed on a monthly basis for each month or prorated for each partial month that Tenant remains in possession. The provisions of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Section do not waive Landlord’s rights right of re-entry or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender regain possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy by actions at law or in equity or any other rights hereunder, and any receipt of payment by Landlord shall not be deemed a consent by Landlord to evict Tenant’s remaining in possession or be construed as creating or renewing any lease or right of tenancy between Landlord and Tenant. If Tenant shall default in so surrendering the Property, Tenant’s occupancy subsequent to such expiration or termination shall be deemed to be that of a tenant at will, and collect damages in connection with no event, from month to month, shall be subject to all the terms, covenants, and conditions of this Lease applicable thereto, and no extension or renewal of this Lease shall be deemed to have occurred by such holding over. Notwithstanding anything contained in this Lease to the contrary, in the event any applicable federal, state, or local law, code, or regulation, including, without limitation, applicable healthcare laws, codes, or regulations, limit the period of any such holdover., Landlord and Tenant shall comply therewith. Notwithstanding the foregoing, if an Event of Default occurs pursuant to which Landlord enters and retakes possession of the Property, and any Health Information or Individually Identified Health Information (“PHI”), as defined pursuant to 45 CFR 160.103, is at the Property at the time of such entry and retaking, Landlord shall promptly relinquish possession of all such PHI to Tenant or Tenant’s legal representative and Landlord hereby relinquishes all claims to such PHI and shall comply with the provisions of Section 8.1(l). 9.2

Holding Over. If Tenant should remain shall hold over beyond the end of the Term with the Consent of Landlord, then the provisions of the hold over tenancy shall be the same provisions set forth in possession this Lease governing the rights and obligations of all the parties during the Term, except that: the tenancy shall be on the basis of a month to month tenancy, terminable by Landlord immediately by issuance of a 30 day notice, as long as the quitting date is at least 8 days after the giving of the notice to quit; there shall be no rights or options in Tenant to extend the Term, increase or decrease the size of the Leased Premises, purchase any portion of the Project, exercise any right of refusal to any leasing or sale of any portion of the Project or any similar rights that may have been in effect during the Term; and the Monthly Base Rent for the hold over shall be the Monthly Base Rent in effect immediately prior to the end of the Term, which shall be increased in the same manner as the Monthly Base Rent had been increased by any formula or with any regular frequency during the Term. If Tenant Space after shall not have vacated the expiration Leased Premises on or before the end of the Term and does not have Landlord's Consent to remain in the Leased Premises, the failure to vacate shall not be treated as a hold over for any further term and it is agreed that the use and occupancy damages for which Tenant will be liable during any such period of occupancy will be the amount that would have been payable as Additional Rent had this Lease (or any earlier termination remained in effect during the period of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in occupancy plus an amount equal to one hundred fifty percent (150%) of and a half times the Monthly Base Rent payable by Tenant to Landlord during in effect at the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension end of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover.ARTICLE XVII - MISCELLANEOUS PROVISIONS

Holding Over. If Any holding over by Tenant should remain in possession of all or any portion of the Tenant Space after the expiration of the Term term of this Lease (or any earlier termination of this Lease or shall be treated as a tenancy at sufferance and shall be on the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord terms and Tenant of a new lease or an extension of the Term of conditions as set forth in this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, far as applicable except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, that Tenant shall pay as a use and occupancy charge an amount equal to Landlord a monthly Base Rent the greater of (x) for the first thirty (30) days in which the Tenant holds over an amount equal to one hundred and fifty percent (150%) of the Base Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the highest rate payable under the terms of this Lease and after the first thirty days in which the Tenant holds over and thereafter an amount equal to two hundred percent (200%) of the Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the highest rate payable under the terms of this Lease, or (y) the fair market rental value of the Premises, in each case for the period measured from the day on which Tenant’s hold-over commences and terminating on the day on which Tenant vacates the Premises. In addition, Tenant shall save Landlord, its agents and employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages which Landlord may suffer on account of Tenant’s hold-over in the Premises after the expiration or prior termination of the term of this Lease; provided, however that Tenant shall not be liable for consequential damages in connection with such holding over unless such holding over exceeds thirty (30) days from the expiration or earlier termination of the term of this Lease. Nothing in the foregoing nor any other term or provision of this Lease shall be deemed to permit Tenant to retain possession of the Premises or hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other charges payable hereunder by Tenant to Landlord during the last month of the Term of and any damages to which Landlord may be entitled under this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or and in equity to evict Tenant and collect damages in connection with any such holdoverequity.

Holding Over. If Any holding over by Tenant should remain in possession of all or any portion of the Tenant Space after the expiration of the Term term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable except that Tenant shall pay as a use and occupancy charge an amount equal to 150% of the Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the highest rate payable under the terms of this Lease, for the first sixty (60) days of such holding over, and thereafter increasing to 200% of the Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the highest rate payable under the terms of this Lease, measured from the day on which Tenant’s hold-over commences and terminating on the day on which Tenant vacates the Premises. In addition, Tenant shall save Landlord, its agents and employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages which Landlord may suffer on account of Xxxxxx’s hold-over in the Premises after the expiration or prior termination of the term of this Lease; provided, Landlord agrees that Tenant shall not be liable for consequential damages unless such holding over exceeds sixty (60) days. Nothing in the foregoing nor any other term or provision of this Lease shall be deemed to permit Tenant to retain possession of the Premises or hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be conclusively deemed to be occupying abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the entire Tenant Space as a tenant-at-sufferanceproceeds of such sale and apply the same, upon all at its option against the expenses of the terms contained hereinsale, except as the cost of moving and storage, any arrears of rent or other charges payable hereunder by Xxxxxx to term and Base Rent Landlord and any other provision reasonably determined by damages to which Landlord to may be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term of entitled under this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or and in equity to evict Tenant and collect damages in connection with any such holdoverequity.

Holding Over. If Tenant should remain in possession of all or any portion of the Tenant Space after This Lease shall terminate without further notice upon the expiration of the Term Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease (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 Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of Tenant’s right this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to possess the Tenant Space)other. In either of such events, without the execution by Landlord and Tenant of a new lease or an extension possession shall be subject to all of the Term terms of this Lease, then Tenant except that the monthly Basic Rent shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base greater of (a) the Basic Rent payable by Tenant to Landlord during for the last month immediately preceding the date of termination or (b) the Term of this Lease and one hundred percent (100%) of then currently scheduled Basic Rent for comparable space in the Additional Rent payable by Tenant to Landlord during the last month of the Term of this LeaseProject. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any monthly holdover hereunder or result rental in a renewal of this Lease or an extension of the Term, or any lesser amount shall not constitute a waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require recover the full amount due for any holdover by Tenant, unless otherwise agreed in writing by Landlord. If Tenant fails to surrender possession of the Tenant Space Premises upon the expiration of the Term this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord under this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverlaw.

Holding Over. If Tenant should remain acknowledges that it is extremely important that Landlord have substantial advance notice of the date on which Tenant will vacate the Premises, because Landlord will (a) require an extension period to locate a replacement tenant, and (b) plan its entire leasing and renovation program for the Building in possession reliance on its lease expiration dates. Tenant also acknowledges that if Tenant fails to surrender the Premises at the expiration or earlier termination of all the Lease Term, then it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Base Rent and Additional Rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender the Premises or any portion of the Tenant Space after thereof upon the expiration of the Term of this Lease (or any earlier termination of this the Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this LeaseTerm, then Tenant the rent shall be deemed increased to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent One Hundred Fifty per cent (150%) of the Base Rent, plus Additional Rent and other sums that would have been payable by Tenant pursuant to Landlord during the last month of the Term provisions of this Lease if the Lease Term had continued such holdover period. Such rent shall be computed by Landlord on a monthly basis and one hundred percent (100%) shall be payable on the first day of such holdover period and the Additional Rent payable by Tenant to Landlord first day of each calendar month thereafter during such holdover period until the last month of the Term Premises have been vacated. Notwithstanding any other provision of this Lease, Landlord’s acceptance of such rent shall not in any manner adversely affect Landlord’s other rights and remedies, including Landlord’s right to evict Tenant and to recover all damages. The monthly rent payable for such Any holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed to be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month; provided, however, that Landlord may, in addition to its other remedies, elect, in its sole discretion, to treat such holdover as the creation of a month-to-month tenancy with Tenant. In no event shall any holdover be deemed a permitted extension or renewal of the Lease Term, and nothing contained herein shall be construed to constitute Landlord’s consent to any holdover hereunder or result to give Tenant any right with respect thereto. Except as otherwise specifically provided in a renewal this Article, all terms of this Lease or an extension of shall remain in full force and effect during the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverperiod.

Holding Over. If Tenant should remain in shall pay Landlord for each day Tenant retains possession of all the Leased Premises or any portion part of the Tenant Space them after the expiration of the Term of this Lease (or any earlier termination of this Lease by lapse of time or otherwise at the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant rate (“Holdover Rate”) which shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent One Hundred Fifty Percent (150%) of the Base greater of (a) the amount of the Minimum Monthly Rent payable by Tenant to Landlord during for the last month period prior to the date of such termination plus Tenant’s Proportionate Share of Operating Costs, Real Estate Taxes and Insurance; and (b) the then market rental value of the Term Leased Premises as determined by Landlord assuming a new lease of the Leased Premises of the then usual duration and other terms, in either case, prorated on a daily basis, and also pay all damages sustained by Landlord by reason of such retention. If Landlord gives notice to Tenant of Landlord’s election to such effect, such holding over shall constitute renewal of this Lease and one hundred percent (100%) of for a period from month to month at the Additional Rent payable by Tenant to Holdover Rate, but if the Landlord during the last month of the Term of this Lease. The monthly rent payable for does not so elect, no such holdover period renewal shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any result notwithstanding acceptance by Landlord of any rent sums due hereunder after any such expiration or earlier termination termination; and instead, a tenancy at sufferance at the Holdover Rate shall be deemed a consent to have been created. In any holdover hereunder event, no provision of this Section 33.2 shall be deemed to waive Landlord’s right of reentry or result in a renewal of any other right under this Lease or an extension at law. Additionally, in the event that upon termination of the TermLease, or any waiver of any of Landlord’s rights or remedies Tenant has not fulfilled its obligation with respect to such holdover. As suchrepairs and cleanup of the Leased Premises or any other Tenant obligations as set forth in this Lease, and notwithstanding any provision to the contrary contained herein, then Landlord expressly reserves shall have the right to require Tenant perform any such obligations as it deems necessary at Tenant’s sole cost and expense, and any actual and reasonable time required by Landlord to surrender possession complete such obligations shall be considered a period of holding over and the Tenant Space upon the expiration of the Term terms of this Lease or upon section shall apply (provided, however, for the earlier termination hereof or at any avoidance of doubt, such period of hold over under this sentence shall relate only to the actual and reasonable time during any holdover required by Landlord to complete such obligations and in no event shall Landlord be entitled to elect the right same to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverbe a month-to-month tenancy).

Holding Over. If Tenant should shall have no right whatsoever to remain in possession of all the Premises following the expiration or any portion earlier termination of the Lease Term, whether or not Landlord has given Tenant Space notice to vacate. If Tenant does not immediately surrender the Premises upon the expiration or earlier termination of the Lease Term, then Tenant shall become a tenant at sufferance subject to immediate eviction by Landlord at any time, and the rent shall be increased to an amount equal to the greater of (x) 150% of the Annual Fixed Rent and Additional Rent calculated at the highest rate payable under the terms of this Lease during the first 30 days of any such holdover and 200% of the Annual Fixed Rent and Additional Rent calculated at the highest rate payable under the terms of this Lease thereafter, or (y) 150% of the fair market rental value of the Premises. Such rent shall be computed on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises have been vacated. Landlord’s acceptance of such rent shall not in any manner adversely affect Landlord’s other rights and remedies, including Landlord’s right to evict Tenant and to recover damages, and Tenant shall be liable for all loss, cost and damage incurred by Landlord resulting from Tenant’s failure and delay in surrendering the Premises. All property which remains in the Building or the Premises after the expiration of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be conclusively deemed to be occupying abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the entire Tenant Space as a tenant-at-sufferanceproceeds of such sale and apply the same, upon all at its option against the expenses of the terms contained hereinsale, except as to term the cost of moving and Base Rent and storage, any arrears of rent or other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent charges payable hereunder by Tenant to Landlord during the last month of the Term of and any damages to which Landlord may be entitled under this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or and in equity to evict Tenant and collect damages in connection with any such holdoverequity.

Holding Over. If In the event Tenant should remain in or any party under Tenant claiming rights to this Lease, retains possession of the Premises after the expiration or earlier termination of this Lease, such possession shall constitute and be construed as a tenancy at will only, subject, however, to all of the terms, provisions, covenants and agreements on the part of Tenant hereunder; such parties shall be subject to immediate eviction and removal and Tenant or any such party shall pay Landlord as rent for the period of such holdover an amount equal to one and one-half (1-1/2) times the Basic Annual Rent and Additional Rent (as hereinafter defined) in effect immediately preceding expiration or termination, as applicable, prorated on a daily basis. Tenant shall also pay actual damages sustained by Landlord by reason of Tenant's holding over after the Required Vacancy Date (hereinafter defined); provided that Tenant shall be liable for lost profits and/or penalties incurred by Landlord in connection with a lease of the Premises to a third party as a result of Tenant's holding over only if Landlord gives a written notice to Tenant (i) stating that Landlord has entered into a lease with a proposed tenant covering the Premises or a portion thereof and, if less than the entire Premises, identifying the portion of the Premises leased, and (ii) setting forth a date (the "Required Vacancy Date") on which Landlord requires Tenant Space to vacate the Premises, which date shall be no earlier than the later to occur of (i) thirty (30) days after Tenant's receipt of Landlord's notice, or (ii) the Expiration Date, and Tenant fails to vacate the Premises (or the portion thereof subject to a third-party lease) on or before the Required Vacancy Date. The rent during such holdover period shall be payable to Landlord from time to time on demand; provided, however, if no demand is made during a particular month, holdover rent accruing during such month shall be paid in accordance with the provisions of Article 2. Tenant will vacate the Premises and deliver same to Landlord immediately upon Tenant's receipt of notice from Landlord to so vacate. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend the term of this Lease; no payments of money by Tenant to Landlord after the expiration of the Term of this Lease (or any earlier termination of this Lease shall reinstate, continue or extend the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term ; and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term no extension of this Lease and one hundred percent (100%) of after the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination thereof shall be deemed valid unless and until the same shall be reduced to writing and signed by both Landlord and Tenant. If Landlord elects to cause Tenant to be ejected from the Premises through judicial process, and without in any way limiting Landlord's rights under subsection 1.302 above, Tenant agrees that Landlord will not be required to deliver Tenant more than one (1) days' notice to vacate prior to Landlord's filing of a consent forcible detainer suit. In addition, Tenant agrees that Landlord shall be entitled to any holdover hereunder or result the payment of its reasonable legal fees in the event that Landlord prevails in a renewal of this Lease or an extension of the Term, or any waiver of any of forcible detainer action brought by Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover.

Holding Over. If 22.1 Tenant should remain acknowledges that it is extremely important that Landlord have substantial advance notice of the date on which Tenant will vacate the Premises, because Landlord will require an extensive period to locate a replacement tenant and because Landlord plans its entire leasing and renovation program for the Building in possession of all reliance on the Expiration Date. Tenant also acknowledges that if Tenant fails to surrender the Premises or any portion of the Tenant Space after thereof at the expiration of the Term of this Lease (or any earlier termination of this the Lease or Term, then it will be conclusively presumed that the termination value to Tenant of Tenant’s right to possess remaining in possession, and the Tenant Space), without the execution loss that will be suffered by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferanceresult thereof, upon all of far exceed the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any additional rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender the Premises or any portion thereof upon the expiration or earlier termination of the Lease Term, then the rent payable by Tenant hereunder shall pay be increased to Landlord a monthly Base Rent in an amount equal to equal: (1) one hundred fifty percent (150%) of the Base Rent that would have been payable by Tenant pursuant to Landlord during the last month of the Term provisions of this Lease if the Lease Term and one hundred percent continued during such holdover period for the first three (100%3) months of the Additional holdover period, and (2) double the Base Rent that would have been payable pursuant to the provisions of this Lease if the Lease Term had continued during such holdover period thereafter. Such rent shall be computed by Landlord and paid by Tenant to Landlord on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the last month of the Term Premises have been vacated. Notwithstanding any other provision of this Lease, Landlord’s acceptance of such rent shall not in any manner adversely affect Landlord’s other rights and remedies. The monthly rent payable for Any such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed to be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month. In no event shall any holdover be deemed a permitted extension or renewal of the Lease Term, and nothing contained herein shall be construed to constitute Landlord’s consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or to give Tenant any waiver of any of Landlord’s rights or remedies right with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverthereto.

Holding Over. If Tenant should remain in possession of all or any portion of the Tenant Space after the expiration of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages consequential or special damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding Notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover.

Holding Over. If Tenant should remain in Tenant, or any assignee or subtenant of Tenant, holds over possession of all or any portion of the Tenant Space after Premises beyond the expiration or earlier termination of this Lease, such holding over will not be deemed to extend the Term or renew this Lease but such holding over will continue upon the terms, covenants and conditions of this Lease except that the charge for use and occupancy of the Premises for each calendar month or portion thereof that Tenant or such assignee or subtenant holds over will be a liquidated sum equal to one and one-half (11/2) times the Basic Rent and Additional Rent payable for the month immediately preceding the expiration or any earlier termination of this Lease or for the termination first six (6) months of Tenant’s right to possess such holding over, and thereafter, two (2) times the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Basic Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during for the last month of immediately preceding the Term expiration or earlier termination of this Lease. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant or any assignee or subtenant of Tenant to timely surrender possession of the Premises will exceed the amount of the monthly rent payable for Basic Rent and Additional Rent and will be impossible to accurately measure. If the Premises are not surrendered upon the expiration or earlier termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord against any and all losses and liabilities resulting therefrom, including, without limitation, any claims made by any succeeding tenant founded upon such holdover period shall delay. Nothing contained in no event this Lease will be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance consent by Landlord to the occupancy or possession of any rent after any such the Premises beyond the expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease Lease. Tenant shall, at its sole cost and expense, take all actions required to remove any assignee or an extension subtenant of Tenant, or other party claiming rights to the Premises under or through Tenant upon the expiration or earlier termination of the Term, or any waiver . The provisions of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon this Article 24 will survive the expiration of the Term or earlier termination of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverLease.

Holding Over. If Tenant should remain in possession of all or any portion of At the Tenant Space after the expiration of the Term of this Lease (or any earlier termination of this Lease by its expiration or otherwise, Tenant immediately shall deliver possession to Landlord with all repairs and maintenance required herein to be performed by Tenant completed. If, for any reason, Tenant retains possession of the termination Premises or any part thereof after such termination, then Landlord may, at its option, serve written notice upon Tenant that such holding over constitutes either (i) renewal of Tenant’s right this Lease for one year, and from year to possess the Tenant Space)year thereafter, without the execution by Landlord and Tenant (ii) creation of a new lease or an extension of month to month tenancy, upon the Term of terms and conditions set forth in this Lease, or (iii) creation of a tenancy at sufferance, in any case upon the terms and conditions set forth in this Lease, provided, however, that the monthly rental or daily rental under (iii) shall, in addition to all other sums which are to be paid by Tenant hereunder whether or not as additional rent, be equal to one and one half times (150%) the rental being paid monthly to Landlord under this Lease immediately prior to such termination (prorated in the case of (iii) on the basis of a 365 day year for each day Tenant remains in possession). If no such notice is served then Tenant a tenancy at sufferance shall be deemed to be occupying created at the entire Tenant Space as a tenant-at-sufferance, upon all of rent in the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicablepreceding sentence. During any such holdover period, Tenant shall also pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) all damages sustained by Landlord resulting from retention of possession by Tenant, including the loss of any proposed subsequent tenant for any portion of the Base Rent payable by Tenant to Landlord during the last month of the Term Premises. The provisions of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period Paragraph shall in no event be construed as not constitute a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance waiver by Landlord of any right of re-entry as herein set forth; nor shall receipt of any rent after or any such expiration or earlier termination shall be deemed other act in apparent affirmance of the tenancy operate as a consent waiver of the right to any holdover hereunder or result in a renewal of terminate this Lease or an extension of the Term, or any waiver for a breach of any of Landlordthe terms, covenants, or obligations herein on Tenant’s rights part to be performed. No holding over by Tenant, whether with or remedies with respect without consent of Landlord shall operate to such holdoverextend this Lease except as otherwise expressly provided. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require The preceding provisions of this Paragraph 16 shall not be construed as consent for Tenant to surrender retain possession of the Tenant Space upon Premises in the expiration absence of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverwritten consent thereto by Landlord.

Holding Over. If Any holding over by Tenant should remain in possession of all or any portion of the Tenant Space after the expiration of the Term term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable except that, for the first thirty (30) days of any such holdover Tenant shall pay as a use and occupancy charge an amount equal to the greater of (x) 150% of the Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the highest rate payable under the terms of this Lease, or (y) the fair market rental value of the Premises; and thereafter, Tenant shall pay as a use and occupancy charge an amount equal to the greater of (x) 200% of the Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the highest rate payable under the terms of this Lease, or (y) the fair market rental value of the Premises, terminating on the day on which Tenant vacates the Premises in accordance with the requirements of this Lease. In addition, Tenant shall save Landlord, its agents and employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages which Landlord may suffer on account of Tenant’s hold-over in the Premises after the expiration or prior termination of the term of this Lease; provided, however, that Tenant shall not be liable for indirect or consequential damages suffered or incurred by Landlord as a result of such hold-over for the first 30 days of such hold-over. Nothing in the foregoing nor any other term or provision of this Lease shall be deemed to permit Tenant to retain possession of the Premises or hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be conclusively deemed to be occupying abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the entire Tenant Space as a tenant-at-sufferanceproceeds of such sale and apply the same, upon all at its option against the expenses of the terms contained hereinsale, except as to term the cost of moving and Base Rent and storage, any arrears of rent or other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent charges payable hereunder by Tenant to Landlord during the last month of the Term of and any damages to which Landlord may be entitled under this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or and in equity to evict Tenant and collect damages in connection with any such holdoverequity.

Holding Over. If In the event of holding over by Tenant should remain after 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 of all or any portion pursuant to Articles XXII and XXIII hereof, occupancy of the Premises subsequent to such termination or expiration shall be that of a tenancy at sufferance and in no event for month-to-month or year-to-year. Tenant Space shall, throughout the entire holdover period, be subject to all the terms and provisions of this Lease and shall pay for its use and occupancy an amount (on a per month basis without reduction for any partial months during any such holdover) equal to 150% of the sum of the Base Rental and Additional Base Rental due for the period immediately preceding such holding over, provided that in no event shall Base Rental and Additional Base Rental during the holdover period be less than the fair market rental for the Premises. Notwithstanding the foregoing, if such holding over continues for more than fifteen (15) days, effective as of the sixteenth (16th) day, holdover rent shall increase to 200% of the sum of the Base Rental and Additional Base Rental due for the period immediately preceding such holding over. No holding over by Tenant or payments of money by Tenant to Landlord after the expiration of the Lease Term shall be construed to extend the Lease Term or prevent Landlord from recovery of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension immediate possession of the Term of this Lease, then Tenant shall be deemed Premises by summary proceedings or otherwise. In addition to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of obligation to pay the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During amounts set forth above during any such holdover period, Tenant also shall pay be liable to Landlord a monthly Base Rent for all damage, including any consequential damage, which Landlord may suffer by reason of any holding over by Tenant, and Tenant shall indemnify Landlord against any and all claims made by any other tenant or prospective tenant against Landlord for delay by Landlord in an amount equal to one hundred fifty percent (150%) delivering possession of the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related Premises to such retention of possessionother tenant or prospective tenant. Neither any provision hereof nor any acceptance by Landlord of any rent Notwithstanding the foregoing, Tenant shall not be liable for consequential damages unless the holdover continues for thirty (30) or more days after any such expiration or earlier the termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the Tenant's right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverpossession.

Holding Over. If Tenant should remain in Sublandlord and Subtenant recognize and agree that the damage to Sublandlord resulting from any failure by Subtenant to timely surrender possession of all or any portion the Premises upon the Expiration Date will be substantial, will exceed the amount of the Tenant Space after monthly installments of Base Rent payable hereunder, and will be impossible to accurately measure. In the expiration of event that Subtenant shall not immediately surrender the Term of this Lease (Premises on the Expiration Date or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space)Term, without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant Subtenant shall be deemed required to be occupying the entire Tenant Space as a tenantpay each month of such hold-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to over tenancy one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord in effect during the last month of the Term of this Lease. The monthly rent payable In addition to any other rights and remedies Sublandlord may have hereunder or at law, Subtenant agrees that if possession of the Premises is not surrendered to Sublandlord in the condition required herein on or before the Prime Lease Expiration Date, then Subtenant shall pay to Sublandlord for such each month and for any portion of each month during which Subtenant holds over in the Premises after the Prime Lease Expiration Date Sublandlord’s holdover period shall damages under the Prime Lease with respect to the Prime Lease Premises. Subtenant agrees to indemnify and save Sublandlord harmless from and against any and all loss, cost, expense or liability resulting from a third party claim arising from the failure of, or the delay by, Subtenant in no event be construed as a penalty so surrendering the Premises on or as liquidated damages for such retention of possessionbefore the Expiration Date, nor shall such monthly rent be considered to be including, without limitation, any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance claims made by Landlord or any succeeding tenant founded on such failure. Nothing herein contained shall be deemed to permit Subtenant to retain possession of any rent the Premises after any such the expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension date of the Term, or any waiver and no acceptance by Sublandlord of any of Landlord’s rights or remedies with respect payments from Subtenant shall be deemed to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession be other than on account of the Tenant Space upon amount to be paid by Subtenant in accordance with the expiration of the Term provisions of this Lease or upon Paragraph 19, which provisions shall survive the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverExpiration Date.

Holding Over. If In the event of holding over by Tenant should remain in possession of all after expiration or any portion of the Tenant Space after the expiration of the Term of this Lease (or any earlier other termination of this Lease or in the event Tenant continues to occupy the Premises after the termination of Tenant’s 's right of possession pursuant to possess Articles XXII and XXIII hereof, occupancy of the Tenant Space), without the execution by Landlord and Tenant Premises subsequent to such termination or expiration shall be that of a new lease tenancy at sufferance and in no event for month-to-month or an extension of the Term of this Leaseyear-to-year. Tenant shall, then Tenant shall be deemed to be occupying throughout the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant be subject to all the terms and provisions of this Lease and shall pay to Landlord a monthly Base Rent in for its use and occupancy an amount (on a per month basis without reduction for any partial months during any such holdover) equal to one hundred fifty percent (150%) of the Base Rent payable Rental and Additional Base Rental due for the period immediately preceding such holding over, provided that in no event shall Base Rental and Additional Base Rental during the holdover period be less than the fair market rental for the Premises. No holding over by Tenant or payments of money by Tenant to Landlord during the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term term of this Lease shall be construed to extend the Lease Term, to create a tenancy-at-will under Georgia law, or upon prevent Landlord from recovery of immediate possession of the earlier termination hereof Premises by summary proceedings or at any time otherwise. In addition to the obligation to pay the amounts set forth above during any such holdover period, Tenant also shall be liable to Landlord for all damage, including any consequential damage, which Landlord may suffer by reason of any holding over by Tenant, and Tenant shall indemnify Landlord against any and all claims made by any other tenant or prospective tenant against Landlord for delay by Landlord in delivering possession of the right Premises to assert any remedy at law such other tenant or in equity prospective tenant. Notwithstanding the foregoing, Tenant shall not be liable for consequential damages unless: (1) Landlord notifies Tenant that it has entered into a lease for the Premises or has received a bona fide offer to evict lease the Premises; and (2) Tenant and collect damages in connection with any such holdoverfails to vacate the Premises within ten (10) days after the date of Landlord's notice.

Holding Over. If Tenant should remain in retains possession of all or any portion of the Tenant Space Leased Premises after the expiration of the Term of this Lease (or any earlier termination of this Lease or the termination of Lease, Tenant shall be a tenant at sufferance. Tenant’s right occupancy shall be subject to possess all the Tenant Space), without the execution by Landlord terms and Tenant of a new lease or an extension of the Term provisions of this Lease, then and Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall (a) pay to Landlord a monthly Base Rent in an amount (on a per month basis without reduction for partial months during the holdover) equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during Monthly Rental Installment (as defined in Section 3.03(a)) due for the last month period immediately preceding the holdover and the monthly installment of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during (as defined in Section 3.03(a)) that would be due for the last month of the Term of this Lease. The monthly rent payable for period; (b) if such holdover period shall in no event be construed as a penalty or as liquidated damages continues for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent thirty (30) days after any such the expiration or earlier termination shall of this Lease, be deemed a consent liable to Landlord for any payment or rent concession that Landlord is required to make (and does make) to any tenant obtained by Landlord for all or any part of the Leased Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by Tenant, provided that Landlord notified Tenant of a signed lease with New Tenant at least thirty (30) days prior to the end of the Lease Term; (c) if such holdover hereunder continues for ninety (90) days after the expiration or result in a renewal earlier termination of this Lease, be liable to Landlord for the loss of the benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding-over by Tenant; and (d) indemnify Landlord against all claims for damages by any New Tenant. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Lease Term or an extension prevent Landlord from immediate recovery of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Leased Premises by summary proceedings or otherwise, and this Section 2.06 shall in no way constitute consent by Landlord to any holding over by Tenant Space upon the expiration of the Term or earlier termination of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or Lease, nor limit Landlord’s remedies in equity to evict Tenant and collect damages in connection with any such holdoverevent.

Holding Over. If In the event of holding over by Tenant should remain in possession of with respect to all or any portion of the Tenant Space Leased Premises after the expiration or termination of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space)Agreement, without the execution by such holding over shall constitute a tenancy at sufferance relationship between Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon and all of the terms contained hereinand provisions of this Lease Agreement shall be applicable during such period, except that as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover periodmonthly rental, Tenant shall pay to Landlord a monthly Base Rent in for each month (or any portion thereof) during the period of such hold over an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant for the month immediately preceding the holdover period. The rental payable during such hold over period shall be payable to Landlord during on demand. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease Agreement except as herein provided. In the last month event of any unauthorized holding over, Tenant shall also indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Parties (as defined on Exhibit I) against all claims for damages against the Landlord Parties as a result of Tenant’s possession of the Term Leased Premises, including, without limitation, claims for damages by any other party to which Landlord may have leased, or entered into an agreement to lease, all or any part of the Leased Premises effective upon the termination of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this LeaseAgreement. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision Notwithstanding anything herein to the contrary contained hereincontrary, Landlord expressly reserves the right and Tenant specifically agree that no notice to require Tenant to surrender possession of the Tenant Space upon terminate Tenant's tenancy hereunder will be required from and after the expiration of the Term of this Lease Agreement under Section 91.001 or upon Section 24.005 of the earlier termination hereof Texas Property Code before Landlord files a forcible detainer suit on grounds that Tenant is holding over beyond the end of the Term or at renewal period (if any) hereof; and any time during any holdover and sublease hereunder shall not be approved unless it also contains a specific comparable waiver by the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoversubtenant thereunder.

Holding Over. If Tenant should remain in possession of fails to surrender all or any portion part of the Premises at the termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant Space shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the expiration of the Term of this Lease (or any earlier termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the termination Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s right to possess the Tenant Space)holdover, without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed liable for any and all damages, fees, and/or costs incurred or to be occupying incurred (including consequential damages) that Landlord suffers from the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicableholdover. During any such holdover period, Tenant shall pay have the right, by written notice delivered to Landlord a monthly Base Rent in an amount equal at least thirty (30) days prior to one hundred fifty percent (150%) the date of the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver to request in writing that Landlord notify Tenant if, as of any the date of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained hereinrequest, Landlord expressly reserves is then negotiating the right terms of a lease which will require Landlord to require Tenant to surrender have possession of the Tenant Space upon Premises as of the date of expiration of the Term Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this Lease sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or upon obligations hereunder in the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with event that Landlord subsequently commences any such holdovernegotiations.

Holding Over. If Any holding over by Tenant should remain in possession of all or any portion of the Tenant Space after the expiration of the Term term of this Lease (or any earlier termination of this Lease or shall be treated as a tenancy at sufferance and shall be on the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord terms and Tenant of a new lease or an extension of the Term of conditions as set forth in this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, far as applicable except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, that Tenant shall pay as a use and occupancy charge an amount equal to Landlord a monthly Base Rent the greater of (x) for the first thirty days in which the Tenant holds over an amount equal to one hundred and fifty percent (150%) of the Base Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the highest rate payable under the terms of this Lease and after the first thirty days in which the Tenant holds over and thereafter an amount equal to two hundred percent (200%) of the Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the highest rate payable under the terms of this Lease, or (y) the fair market rental value of the Premises, in each case for the period measured from the day on which Tenant’s hold-over commences and terminating on the day on which Tenant vacates the Premises. In addition, Tenant shall save Landlord, its agents and employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages which Landlord may suffer on account of Tenant’s hold-over in the Premises after the expiration or prior termination of the term of this Lease. Nothing in the foregoing nor any other term or provision of this Lease shall be deemed to permit Tenant to retain possession of the Premises or hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other charges payable hereunder by Tenant to Landlord during the last month of the Term of and any damages to which Landlord may be entitled under this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or and in equity to evict Tenant and collect damages in connection with any such holdoverequity.

Holding Over. If Tenant should remain in fails to deliver possession of all or any portion of the Tenant Space Premises on the Termination Date, but holds over after the expiration of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant express prior written consent of a new lease or an extension of the Term of this LeaseLandlord, then Tenant such tenancy shall be deemed to be occupying the entire Tenant Space construed as a tenant-at-sufferance, upon all of month to month tenancy on the same terms and conditions as are contained herein, except that the Fixed Monthly Rent payable by Tenant during such period of holding over shall automatically increase as of the Termination Date to term an amount equal to one hundred twenty-five percent (125%) of the Fixed Monthly Rent payable by Tenant for the calendar month immediately prior to the date when Tenant commences such holding over and, beginning on the sixty-first (61st) day after the Termination Date and Base continuing thereafter during any period of holding over, the Fixed Monthly Rent and any other provision reasonably determined payable by Landlord to be inapplicable. During any such holdover period, Tenant shall pay increase to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Fixed Monthly Rent payable by Tenant for the calendar month immediately prior to Landlord the date when Tenant commenced such holding over (with respect to the Fixed Monthly Rent due during either time period the last “Holdover Rent”). During [***] = CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION. any period of holding over without Xxxxxxxx’s consent, Tenant shall be obligated to pay Holdover Rent for a full calendar month whether or not Tenant remains in possession of the Term Premises for the entire calendar month and there shall be no pro-rata apportionment of this Lease Holdover Rent. Tenant’s payment of such Holdover Rent, and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period Landlord’s acceptance thereof, shall in no event be construed as not constitute a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance waiver by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As suchholding over, and notwithstanding any provision nor shall it be deemed to the contrary contained herein, be a consent by Landlord expressly reserves the right to require Tenant to surrender Tenant’s continued occupancy or possession of the Premises past the time period covered by Xxxxxx’s payment of the Holdover Rent. Furthermore, if Tenant Space fails to deliver possession of the Premises to Landlord upon the expiration or earlier termination of this Lease, and Landlord has theretofore notified Tenant in writing that Landlord requires possession of the Term Premises for a succeeding tenant, 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 expenses) and liability resulting from such failure. Notwithstanding the provisions contained hereinabove regarding Xxxxxx’s liability for a continuing holdover, Xxxxxxxx agrees to use commercially reasonable efforts to insert into any future lease of this Lease or upon another tenant proposing to occupy the earlier termination hereof or at any time during any holdover and the right Premises provisions similar to assert any remedy at law or those contained in equity to evict Tenant and collect Section 2.1, permitting mitigation of Xxxxxx’s damages in connection with any such arising out of Xxxxxx’s temporary holdover.

Holding Over. If Tenant should remain in Tenant, or any assignee or subtenant of Tenant, holds over possession of all or any portion of the Tenant Space after Premises beyond the expiration of the Term of this Lease (or any earlier termination of this Lease, such holding over will not be deemed to extend the Term or renew this Lease or but such holding over will continue upon the termination terms, covenants and conditions of Tenant’s right to possess this Lease except that the Tenant Space), without the execution by Landlord charge for use and Tenant of a new lease or an extension occupancy of the Term Premises for each calendar month or portion thereof that Tenant or such assignee or subtenant holds over will be a liquidated sum equal to one-twelfth (1/12th) of one and one half (11/2) times the Basic Rent and Additional Rent for the Lease Year preceding the Expiration Date for the first thirty (30) days of such holdover period, and thereafter, two (2) times such Basic Rent and Additional Rent. Tenant shall remain obligated to continue to pay Additional Rent during any holdover period. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant or any assignee or subtenant of Tenant to timely surrender possession of the Premises will exceed the amount of the monthly Basic Rent and Additional Rent and will be impossible to accurately measure. In connection with any holdover, in no event shall Tenant, or any assignee or subtenant, be liable for any consequential damages unless Landlord gives Tenant written notice that the Premises have been leased to another Tenant after the Termination Date. If the Premises are not surrendered upon the expiration or earlier termination of this Lease, then Tenant shall indemnify, defend and hold harmless Landlord against any and all losses and liabilities resulting therefrom, including, without limitation, any claims made by any succeeding tenant founded upon such delay. Nothing contained in this Lease will be deemed to be occupying the entire Tenant Space construed as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined consent by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) the occupancy or possession of the Base Rent payable by Tenant to Landlord during Premises beyond the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term expiration or earlier termination of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty Tenant shall, at its sole cost and expense, take all actions required to remove any assignee or as liquidated damages for such retention subtenant of possessionTenant, nor shall such monthly rent be considered or other party claiming rights to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such the Premises under or through Tenant upon the expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver . The provisions of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon this Article 24 will survive the expiration of the Term or earlier termination of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverLease.

Holding Over. If This Lease shall terminate without further notice on the Lease Expiration Date (as set forth in Article 1). Any holding over by Tenant should remain in possession of all or any portion of the Tenant Space after the expiration of the Lease Term shall neither constitute a renewal nor extension of this Lease (nor give Tenant any rights in or any earlier termination of to the Leased Premises except as expressly provided in this Lease or the termination of Tenant’s right Paragraph. Any such holding over to possess the Tenant Space), without the execution by which Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant has consented shall be deemed construed to be occupying a tenancy from month to month, on the entire Tenant Space same terms and conditions herein specified insofar as a tenant-at-sufferance, upon all of the terms contained hereinapplicable, except as that the Base Monthly Rent shall be increased to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred twenty-five percent (125%) of the Monthly Base Rent for the last month immediately preceding such holding over for the first two (2) months or any such holding over, and thereafter one hundred fifty percent (150%) of the Base Monthly Rent payable by Tenant to Landlord during the last full month immediately preceding such holding over. Without limiting the foregoing, in the event of the Term a holding over to which Landlord has consented, any rights of Landlord or obligations of Tenant set forth in this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant purporting to Landlord apply during the last month of the Term term of this Lease. The monthly rent payable for such holdover period , shall in no event nonetheless also be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered deemed to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after apply during any such expiration hold over period. Tenant acknowledges that if Tenant holds over without Landlord’s consent, such holding over may compromise or earlier termination shall be deemed a consent otherwise affect Landlord’s ability to any holdover hereunder or result enter into new leases with prospective tenants regarding the Leased Premises. Therefore, in a renewal the event Tenant does not vacate the Leased Premises in accordance with the terms of this Lease Paragraph 13.2 on or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon before the expiration of the Lease Term (or the expiration of this Lease or upon a holdover term, if applicable) after receiving at least thirty (30) days’ advance written notice from Landlord demanding that Tenant vacate the earlier termination hereof or Leased Premises and otherwise satisfying the requirements set forth below (a “Vacation Notice”), which notice may be given to Tenant at any time during the last sixty (60) days of the Lease Term or during any holdover period, Tenant shall be liable for all damages (including attorneys’ fees and expenses) of whatever type (including consequential damages) incurred by Landlord as a result of such holding over, and Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims resulting from such failure to vacate, including, without limiting the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrender. The Vacation Notice shall specifically refer to this Lease and the right to assert any remedy at law or address of the Building, and shall include (on the first page of the Vacation Notice) the following language in equity to evict Tenant and collect damages in connection with any such holdoverbold, capitalized font: “NOTICE: UNDER PARAGRAPH 13.2 OF THE LEASE, TENANT’S FAILURE TO VACATE THE LEASED PREMISES BY THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE TERM (OR HOLDOVER TERM IF APPLICABLE) MAY RESULT IN SIGNIFICANT DAMAGES TO LANDLORD, INCLUDING CONSEQUENTIAL DAMAGES.”

Holding Over. If Unless Landlord expressly consents in writing to Tenant's holding over, Tenant should remain shall be unlawfully and illegally in possession of all the Premises, whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises without Landlord's written consent. If Tenant shall retain possession of the Premises or any portion of the Tenant Space after thereof without Landlord's consent following the expiration of the Term of this Lease (or any earlier termination of this Lease or the sooner termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Leasefor any reason, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one for each day of such retention the amount-greater of one-hundred and fifty percent (150150.0%) of the Base Rent payable by Tenant to Landlord during amount of the daily rental as of the last month prior to the date of the Term of this Lease expiration or earlier termination or one-hundred and one hundred fifty percent (100150.0%) of the Additional Rent payable then current market rent for comparable space in Mountain View. Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, including consequential and incidental damages and reasonable attorneys' fees, incurred by Landlord resulting from delay by Tenant to Landlord during in surrendering the last month Premises, including, without limitation, any claims made by the succeeding tenant founded on such delay. Acceptance of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance Rent by Landlord of any rent after any such following expiration or earlier termination of this Lease, or following demand by Landlord for possession of the Premises, shall be deemed a consent to any holdover hereunder or result in not constitute a renewal of this Lease Lease, and nothing contained in this Paragraph 25 shall waive Landlord's right of reentry or an extension any other right. Additionally, if upon expiration or earlier termination of this Lease, or following demand by Landlord for possession of the TermPremises, or any waiver of any of Landlord’s rights or remedies Tenant has not fulfilled its obligation with respect to such holdover. As suchrepairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, and notwithstanding any provision to the contrary contained herein, then Landlord expressly reserves shall have the right to require Tenant perform any such obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to surrender possession complete such obligations shall be considered a period of holding over and the Tenant Space upon the expiration of the Term terms of this Lease Paragraph 25 shall apply. The provisions of this Paragraph 25 shall survive any expiration or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverof this Lease.

Holding Over. If Tenant should remain in possession of all or any portion of the Tenant Space after This Lease shall terminate without further notice upon the expiration of the Term Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease (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 Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of Tenant’s right this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to possess the Tenant Space)other. In either of such events, without the execution by Landlord and Tenant of a new lease or an extension possession shall be subject to all of the Term terms of this Lease, then Tenant except that the monthly Basic Rent shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one two hundred fifty percent (150200%) of the Base greater of (a) the Basic Rent payable by Tenant to Landlord during for the last month immediately preceding the date of termination or (b) the Term of this Lease and one hundred percent (100%) of then currently scheduled Basic Rent for comparable space in the Additional Rent payable by Tenant to Landlord during the last month of the Term of this LeaseProject. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination monthly holdover rental in a lesser amount shall be deemed not constitute a consent waiver of Landlord's right to recover the full amount due for any holdover hereunder or result by Tenant, unless otherwise agreed in a renewal of this Lease or an extension of the Term, or any waiver of any of writing by Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require If Tenant fails to surrender possession of the Tenant Space Premises upon the expiration of the Term this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverlaw.

Holding Over. If Tenant should remain holds over in possession of all or any portion of the Tenant Space after the expiration or sooner termination of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right Lease, as same may be extended, such holding over shall not be deemed to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of extend the Term of or renew this Lease, then Tenant but such holding over thereafter shall continue upon the covenants and conditions herein set forth except that the charge for use and occupancy of such holding over for each calendar month or part thereof (even if such part shall be deemed to a small fraction of a calendar month) shall be occupying equal to, for the entire Tenant Space as a tenant-at-sufferancefirst thirty (30) days of such holdover, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) ), and thereafter, two hundred percent (200%), of the Base Fixed Rent and payable by Tenant to Landlord during for the last month immediately preceding monthly installment of the Term of this Lease and Fixed Rent, together with one hundred percent (100%) of the all Additional Rent payable by Tenant due hereunder. Neither the billing nor the collection of use and occupancy in the above amount shall be deemed a waiver of any right of Landlord to Landlord during collect damages for Tenant’s failure to vacate the last month demised premises after the expiration or sooner termination of this Lease. If Tenant’s holdover shall continue for sixty (60) days beyond the expiration or sooner termination of the Term of this Lease, Tenant shall be liable to Landlord for and indemnify Landlord against (a) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any party of the demised premises (a “New Tenant”) by reason of the late delivery of space to the New Tenant as a result of Tenant’s holding over or in order to induce such New Tenant not to terminate its lease by reason of the holding over by Tenant; (b) the loss of the benefit of the bargain is any New Tenant shall terminate its lease by reason of the holding over by Tenant; and (c) any claim for damages by any New Tenant. The monthly rent payable for such holdover period provisions of this Article shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such survive the expiration or earlier sooner termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverLease.

Holding Over. 16.1 If Tenant should remain in possession of all or any portion of the Tenant Space 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 this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space)thereof, without the execution by Landlord and Tenant express or implied consent of a new lease or an extension of the Term of this LeaseLandlord, then Tenant such tenancy shall be deemed to be occupying 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) the entire Tenant Space as a tenanthigher of fair market rent or one twenty-at-sufferance, upon all five percent (125%) of the terms contained herein, except as to term and Base Rent applicable during the last rental period of the Lease Term under this Lease for the first 30 days of such hold over and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to (y) one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord applicable during the last month rental period of the Lease Term of under this Lease and one hundred percent thereafter (100%) provided that, with respect to the Initial Premises, the monthly rate shall be based on the applicable multiple of the Additional Base Rent payable in the first year following the Rent Commencement Date). Such month-to-month tenancy or tenancy by Tenant sufferance, as the case may be, shall be subject to Landlord during the last month of the Term of every other applicable term, covenant and agreement contained herein. Nothing contained in this Lease. The monthly rent payable for such holdover period Article 16 shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance consent by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As suchholding over by Tenant, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space 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 Term of this Lease foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom (provided that Tenant shall have no liability for consequential or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect indirect damages in connection with any for such holdover, including claims of a succeeding tenant, for the first 30 days of such holdover).

Holding Over. If Tenant should remain in possession of all or any portion of the Tenant Space holds over for more than thirty (30) days after the expiration of the Lease Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space)thereof, without the execution by Landlord such tenancy shall be a tenancy at sufferance, and Tenant of shall not constitute a new lease renewal hereof or an extension for any further term, and in such case Rent shall be payable at a daily rate equal to the product of (i) the daily Rent applicable during the last unabated rental period of the Lease Term of under this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as and (ii) a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount percentage equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord 125% during the last month of first three (3) months immediately following the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination of the Lease Term, and 150% thereafter. Such tenancy shall be deemed a 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 holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As suchholding over by Tenant, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. If Tenant Space upon holds over without Landlord’s express written consent, and tenders payment of rent for any period beyond the expiration of the Lease Term by way of check (whether directly to Landlord, its agents, or to a lock box) or wire transfer, Tenant acknowledges and agrees that the cashing of such check or acceptance of such wire shall be considered inadvertent and not be construed as creating a month-to-month tenancy, provided Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. 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 within one (1) month after the termination or expiration of this Lease, then in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom. Tenant agrees that any proceedings necessary to recover possession of the Premises, whether before or after expiration of the Lease Term, shall be considered an action to enforce the terms of this Lease or upon for purposes of the earlier termination hereof or at awarding of any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages attorney’s fees in connection with any such holdovertherewith.

Holding Over. If 40.01. Tenant should will have no right to remain in possession of all or any portion part of the Tenant Space Demised Premises after the expiration of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right Term. The parties recognize and agree that the damage to possess the Landlord resulting from any failure by Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension to timely surrender possession of the Term Demised Premises as aforesaid will be extremely substantial, will exceed the amount of the monthly installments of the Fixed Base Rent and Additional Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord upon the expiration or termination of this Lease, then Tenant shall be deemed in addition to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined rights or remedies Landlord may have hereunder or at law, and without in any manner limiting Landlord’s right to demonstrate and collect any damages suffered by Landlord and arising from Tenant’s failure to be inapplicable. During any such holdover periodsurrender the Demised Premises as provided herein, Tenant shall pay to Landlord on account of use and occupancy of the Demised Premises for each month and for each portion of any month during which Tenant holds over in the Demised Premises after the expiration or termination of this Lease, in addition to all Additional Rent otherwise required to be paid hereunder, a monthly Base Rent in an amount sum equal to one hundred fifty percent (150%) of the Fixed Base Rent which was payable by Tenant to Landlord under this Lease during the last month of the Term Term. In addition, Tenant agrees to indemnify and save Landlord harmless from and against all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and disbursements) resulting from Tenant failing to so surrender the Premises within thirty (30) days after the expiration or termination of the Term, including, without limitation, any claims made by any succeeding tenant founded on such delay exceeding thirty (30) days. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Demised Premises after the expiration or termination of this Lease and one hundred percent (100%) or to limit in any manner Landlord’s right to regain possession of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in Demised Premises through summary proceedings, or otherwise, and no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent payments from Tenant after any such the expiration or earlier termination of this Lease shall be deemed a consent to any holdover hereunder or result be other than on account of the amount to be paid by Tenant in a renewal accordance with the provisions of this Lease or an extension Article 40. The provisions of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon this Article 40 shall survive the expiration of the Term or termination of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverLease.

Holding Over. If 22.1 Tenant should remain in possession acknowledges that it is extremely important that Landlord have substantial advance notice of all the date on which Tenant will vacate the Premises. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender the Premises or any portion thereof upon the expiration or earlier termination of the Lease Term, then the rent payable by Tenant Space after hereunder shall be increased to equal the expiration greater of (1) fair market rent for the entire Premises, or (2) the following percentages of the Term Base Rent, additional rent and other sums that would have been payable pursuant to the provisions of this Lease (or any earlier termination of this if the Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any had continued during such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to : one hundred fifty percent (150%) for each of the Base Rent payable by Tenant to Landlord during the last month first three (3) months of the Term of this Lease such holdover; and one two hundred percent (100200%) of the Additional Rent payable for each month thereafter. Such rent shall be computed by Landlord and paid by Tenant to Landlord on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the last month of the Term Premises have been vacated. Notwithstanding any other provision of this Lease, Landlord’s acceptance of such rent shall not in any manner adversely affect Landlord’s other rights and remedies, including Landlord’s right to evict Tenant and to recover all damages. The monthly rent payable for Any such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed to be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month. In no event shall any holdover be deemed a permitted extension or renewal of the Lease Term, and nothing contained herein shall be construed to constitute Landlord’s consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or to give Tenant any waiver of any of Landlord’s rights or remedies right with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverthereto.

Holding Over. If Tenant should remain in possession of all Except as set forth below, if Xxxxxx continues to occupy the Premises or any portion of the Tenant Space thereof after the expiration of the Term of this Lease (or any earlier other termination of this Lease or the termination of Tenant’s right of possession with respect to possess the Tenant Space)Premises, without the execution by Landlord and Tenant such occupancy shall be that of a new lease or an extension tenancy at sufferance. Tenant shall, throughout the entire holdover period, be subject to all the terms and provisions of this Lease (other than provisions relating to length of the Term of this Lease, then Tenant Term) and shall be deemed to be occupying the entire Tenant Space as pay for its use and occupancy an amount (on a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and per month basis without reduction for any other provision reasonably determined by Landlord to be inapplicable. During partial months during any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount ) equal to one hundred fifty percent (150%i) of the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and one hundred percent (100%) of the Additional additional Rent due under this Lease for the holdover period and (ii) for the first sixty (60) days of the holdover period, the monthly Base Rent will be increased to one hundred twenty-five (125%) percent of the monthly Base Rent payable during the month immediately prior to the holdover period; and thereafter monthly Base Rent will be increased to one hundred fifty (150%) percent of the monthly Base Rent payable during the month immediately prior to the holdover period. Any other sums due under this Lease will be payable in the amount and at the times specified in this Lease. Except as set forth below, no holding over by Tenant or payments of money by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term shall be construed to extend the Term or prevent Landlord from recovery of immediate possession of the Premises by summary proceedings or otherwise. In the event that Xxxxxx continues to occupy the Premises or any portion thereof after the expiration or termination of this Lease or upon Lease, such occupancy shall be that of a tenancy at sufferance and Tenant shall be liable to Landlord for all direct and consequential damages which Landlord may suffer by reason of any holding over by Xxxxxx. The provisions of this Section 30 shall survive the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover.expiration of this Lease. ​

Holding Over. If Tenant should remain in Tenant, without the written consent of Landlord, holds over and does not surrender possession of all or any portion of the Tenant Space after Premises upon the expiration of the Term of this Lease (or any earlier sooner termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant such holding over shall be deemed to be occupying the entire Tenant Space treated as a tenantmonth-atto-sufferance, month tenancy upon all of the terms contained herein, and conditions set forth in this Lease except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a that the monthly Base Rent in an amount (or daily rent if Landlord does not elect to create a month to month tenancy) shall be equal to one hundred fifty twenty five percent (125%) of the Base Rent owed to Landlord under this Lease immediately prior to such expiration or termination for the first 4 months of such hold over period and one hundred twenty five percent (150%) of the Base Rent payable by Tenant owed to Landlord during under this Lease immediately prior to such expiration or termination thereafter. Either party may thereafter terminate the tenancy as of the end of any calendar month by written notice to the other party at least thirty (30) days before the last month day of the Term of this month. Notwithstanding the foregoing, Landlord may terminate the Lease and one hundred percent (100%) of the Additional Rent payable by at any time if Tenant is in default. Tenant shall be liable to Landlord during the last month for all damages that Landlord suffers because of the Term of this Lease. The monthly rent payable for such holdover period any holding over by Tenant, and Tenant shall in no event be construed as a penalty or as liquidated indemnify, defend and hold Landlord harmless from and against all claims (including actual damages for such and attorney fees and costs) resulting from Tenant’s retention of possession, nor including, without limitation, Landlord’s actual damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of all or any portion of the Premises by reason of such failure of Tenant to timely surrender the Premises. Landlord may elect to treat Tenant as remaining in possession of the Premises until such time as Tenant completes its surrender obligations and removes all of its personal property from the Premises. The provisions of this Article shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance not constitute a waiver by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result right of re-entry as provided in a renewal of this Lease nor shall receipt of any Base Rent or an extension Additional Rent or any other apparent affirmance of the Term, or any tenancy operate as a waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of terminate this Lease for a breach of any terms, covenants, or upon the earlier termination hereof or at any time during any holdover and the right obligations contained in this Lease on Tenant’s part to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverbe performed.

Holding Over. If In the event of holding over by Tenant should remain in possession of with respect to all or any portion of the Tenant Space Leased Premises after the expiration or termination of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space)Agreement, without the execution by such holding over shall constitute a tenancy at sufferance relationship between Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon and all of the terms contained hereinand provisions of this Lease Agreement shall be applicable during such period, except that as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover periodmonthly rental, Tenant shall pay to Landlord a monthly Base Rent in for each month (or any portion thereof) during the period of such hold over an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant for the month immediately preceding the holdover period. The rental payable during such hold over period shall be payable to Landlord during on demand. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease Agreement except as herein provided. In the last month event of any unauthorized holding over, Tenant shall also indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Parties (as defined on Exhibit I) against all claims for damages against the Landlord Parties as a result of Tenant’s possession of the Term Leased Premises, including, without limitation, claims for damages by any other party to which Landlord may have leased, or entered into an agreement to lease, all or any part of the Leased Premises effective upon the termination of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this LeaseAgreement. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision Notwithstanding anything herein to the contrary contained hereincontrary, Landlord expressly reserves the right and Tenant specifically agree that no notice to require Tenant to surrender possession of the Tenant Space upon terminate Tenant’s tenancy hereunder will be required from and after the expiration of the Term of this Lease Agreement under Section 91.001 or upon Section 24.005 of the earlier termination hereof Texas Property Code before Landlord files a forcible detainer suit on grounds that Tenant is holding over beyond the end of the Term or at renewal period (if any) hereof; and any time during any holdover and sublease hereunder shall not be approved unless it also contains a specific comparable waiver by the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoversubtenant thereunder.

Holding Over. If this Lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant should remain in possession of all or any portion of the Tenant Space shall then hold over after the expiration of the Term of this Lease (Expiration Date or any earlier termination of this Lease Lease, irrespective of whether or not Landlord accepts Rental from Tenant for a period beyond the termination of Expiration Date, Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension occupancy of the Term of this Lease, then Tenant Premises after the Expiration Date shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, set forth in this Lease except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in (a) for the first sixty (60) days of such holdover, an amount equal to one hundred fifty percent (150%) of (i) the applicable Base Rent payable in effect immediately before the holdover period began, and (ii) all applicable Additional Rent which would have been applicable had the Term continued through the period of such holding over by Tenant to Landlord during the last month of the Term of this Lease and one (b) thereafter, two hundred percent (100200%) of (i) the applicable Base Rent in effect immediately before the holdover period began, and (ii) all applicable Additional Rent payable which would have been applicable had the Term continued through the period of such holding over by Tenant. If Tenant shall holdover or remain in possession of any portion of the Premises beyond the Expiration Date, whether or not Landlord accepts any Rental for a period beyond the Expiration Date, Tenant shall be subject not only to summary proceeding and all damages related thereto, but also to any damages arising out of any lost opportunities (and/or new leases) by Landlord to relet the Premises (or any part thereof). Tenant hereby agrees to indemnify, defend and hold Landlord harmless against any liability resulting from delay by Tenant to Landlord during in surrendering the last month of Premises upon the Term expiration or sooner termination of this Lease, including, without limitation, any claims made by any succeeding tenant or prospective tenant founded upon such delay. All damages to Landlord by reason of such holding over by Tenant may be the subject of a separate action and need not be asserted by Landlord in any summary proceedings against Tenant. The monthly rent payable for such holdover period terms of this Article shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such survive the expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverLease.

Holding Over. If 22.1 Tenant should remain in possession acknowledges that it is extremely important that Landlord have substantial advance notice of all the date on which Tenant will vacate the Premises, and that if Tenant fails to surrender the Premises or any portion of the Tenant Space after thereof at the expiration of the Term of this Lease (or any earlier termination of this the Lease or Term, then it will be conclusively presumed that the termination value to Tenant of Tenant’s right to possess remaining in possession, and the Tenant Space), without the execution loss that will be suffered by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferanceresult thereof, upon all of far exceed the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any additional rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender the Premises or any portion thereof upon the expiration or earlier termination of the Lease Term, then the rent payable by Tenant hereunder shall pay be increased to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent Rent, additional rent and other sums that would have been payable by Tenant pursuant to Landlord during the last month of the Term provisions of this Lease if the Lease Term had continued during such holdover period. Such rent shall be computed by Landlord and one hundred percent (100%) of the Additional Rent payable paid by Tenant to Landlord on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month Table of Contents thereafter during such holdover period until the last month of the Term Premises have been vacated. Notwithstanding any other provision of this Lease, Landlord’s acceptance of such rent shall not in any manner adversely affect Landlord’s other rights and remedies, including Landlord’s right to evict Tenant and to recover all damages. The monthly rent payable for Any such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed to be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month. In no event shall any holdover be deemed a permitted extension or renewal of the Lease Term, and nothing contained herein shall be construed to constitute Landlord’s consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or to give Tenant any waiver of any of Landlord’s rights or remedies right with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverthereto.

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 (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) 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 may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant should remain remains in possession of all the Premises after the expiration or any portion earlier termination of the Term without the express written consent of Landlord, (A) Tenant Space shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to (I) 150% of Rent in effect during the last 30 days of the Term for the first 30 day period of the holdover, (II) 175% of Rent in effect during the last 30 days of the Term for the second 30 day period of the holdover, and (III) 200% of Rent in effect during the last 30 days of the Term for the third 30 day period of the holdover, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over (including, from and after 90 days after the end of the Term, consequential damages if Landlord has advised Tenant in advance of any particular consequential damages that Landlord may incur or suffer as a result of Tenant’s holding over, including, without limitation, consequential damages that Landlord may incur or suffer by reason of Landlord’s inability to lease the Premises or deliver occupancy to a particular tenant). Tenant shall pay Base Rent on a per diem basis at such monthly rental rate for each day that Tenant so retains possession. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or not result in a renewal or reinstatement of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverLease.

Holding Over. If Should Tenant, without Landlord's written consent, hold over after termination of this Lease, Tenant should remain shall 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 tenancy and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the greater of (i) the annual Rent that was payable immediately preceding the hold-over period or (ii) the fair rental value of the Premises as determined in accordance with the procedure set forth in Article 2B hereof for determining Fair Market Rent, prorated on a per diem basis, for each day Tenant shall retain possession of all the Premises or any portion of the Tenant Space part thereof after the expiration of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space("Holdover Rent"), without the execution together with all damages sustained by Landlord on account thereof and all other payments required to be made by Tenant hereunder. In no event shall Tenant be responsible for any consequential or indirect damages of a new lease or an extension Landlord except as otherwise set forth herein. Notwithstanding anything contained in this Article to the contrary, for the first sixty (60) days of the Term of this Leaseany such holdover, then Tenant shall be deemed liable to be occupying Landlord only for the entire Holdover Rent as set forth above. The foregoing provisions shall not serve as permission for Tenant Space as a tenantto hold-at-sufferanceover, upon all of nor serve to extend the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Term (although Tenant shall pay remain bound to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term comply with all provisions of this Lease until Tenant vacates the Premises) and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves have the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession of the Tenant Space Premises as provided in this Lease upon the expiration or earlier termination of the Term Term. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, except as expressly provided hereunder, Tenant agrees to indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability, including without limitation, claims made by any succeeding tenant with which Landlord has executed a lease for the Premises as of the expiration date of this Lease, and real estate brokers' claims and attorneys' fees. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or upon be construed as an extension or renewal of the earlier termination hereof or at any time during any holdover and Lease. Should Tenant remain in the right Premises on a month-to-month basis with Landlord's express written approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days' prior written notice to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverthe other.

Holding Over. If Tenant should TENANT will have no right to remain in possession of all or any portion part of the Tenant Space Leased Premises after the expiration of the Term term. If TENANT remains in possession of this Lease (all or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension part of the Term Leased Premises after the expiration of this Leasethe term, then Tenant shall with the express or implied consent of LANDLORD: (a) such tenancy will be deemed to be occupying a periodic tenancy from month-to-month only; (b) such tenancy will not constitute a renewal or extension of this LEASE for any further term; and (c) such tenancy may be terminated by LANDLORD upon the entire Tenant Space as a tenant-at-sufferance, upon all earlier of 30 days’ prior written notice or the earliest date permitted by law. The parties recognize and agree that the damage to LANDLORD resulting from any failure by TENANT to timely surrender possession of the terms contained hereinLeased Premises will be substantial, except will exceed the amount of the monthly installments of the rent payable hereunder, and will be impossible to measure accurately. TENANT therefore agrees that if possession of the Leased Premises is not surrendered to LANDLORD upon the Expiration Date or sooner termination of the LEASE, in addition to any other rights or remedies LANDLORD may have hereunder or at law, TENANT shall pay to LANDLORD, as liquidated damages, for each month and for each portion of any month during which TENANT holds over in the Leased Premises after the Expiration Date or sooner termination of this LEASE, a sum equal to term one and one half (1-1/2) times the aggregate of that portion of the Monthly Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent additional rent that was payable by Tenant to Landlord under this LEASE during the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Leaseterm. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination Nothing herein contained shall be deemed a consent to permit TENANT to retain possession of all or any holdover hereunder part of the Leased Premises after the Expiration Date or result in a renewal sooner termination of the LEASE. The provisions of this Lease Section 26.11 shall survive the Expiration Date or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term sooner termination of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverLEASE.

Holding Over. If There shall be no renewal, extension, or reinstatement of this Lease by operation of law. In the event of holding over by Tenant should remain in possession of all or any portion of the Tenant Space after the expiration or sooner termination of this Lease, without Landlord’s acquiescence and without any express agreement of the Term parties, Tenant shall be a tenant at sufferance and all of the terms, covenants, and conditions of this Lease shall be applicable during that period, except that Tenant shall pay Landlord as Base Rent for the first two (2) months of the period of the hold over an amount equal to one and one-half times the Base Rent which would have been payable by Tenant under Section 2.1 hereof, as adjusted in accordance with Section 3.1 hereof, had the hold-over period been part of the original Lease Term, together with all additional rent due hereunder and together with any other Rent under this Lease and thereafter, Tenant shall pay two times the Base Rent which would have been payable by Tenant under Section 2.1 hereof, as adjusted in accordance with Section 3.1 hereof, had the hold-over period been part of the original Lease Term, together with all additional rent due hereunder and together with any other Rent under this Lease. The rent payable by Tenant during the holdover period shall be payable to Landlord on demand. If Tenant holds over as a tenant at sufferance, Tenant shall vacate and deliver the Premises to Landlord upon demand. In the event Tenant fails to surrender the Premises to Landlord upon expiration or any earlier other termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Leasesuch tenancy at sufferance, then Tenant shall be deemed indemnify Landlord against any and all damages, loss or liability resulting from any delay of Tenant in surrendering the Premises, including, but not limited to, any claim for damages by or amounts required to be occupying the entire Tenant Space as a tenant-at-sufferance, upon paid to third parties who were to have occupied all or any part of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of Premises effective upon the Base Rent payable by Tenant to Landlord during the last month of the Term expiration or termination of this Lease plus all the losses, costs and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed expenses, including, without limitation, reasonable attorneys’ fees, incurred as a penalty or as liquidated damages for such retention result of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover.

Holding Over. If Any holding over by Tenant should remain in possession of all or any portion of the Tenant Space after the expiration of the Term term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable except that Tenant shall pay as a use and occupancy charge an amount equal to (x) the Additional Rent plus 150% the Monthly Fixed Rent for the first thirty (30) days following the expiration of the Lease Term, and (y) the Additional Rent plus 200% of the Monthly Fixed Rent thereafter, and terminating on the day on which Tenant vacates the Premises. In addition, Tenant shall save Landlord, its agents and employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages (including all consequential, indirect, and special damages and lost profits; provided, however, that Tenant shall not be liable for such damages during the first thirty (30) days of any holding over period) which Landlord may suffer on account of Tenant’s hold-over in the Premises after the expiration or prior termination of the term of this Lease. Nothing in the foregoing nor any other term or provision of this Lease shall be deemed to permit Tenant to retain possession of the Premises or hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Office Area or the Premises after the expiration or termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be conclusively deemed to be occupying abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the entire Tenant Space as a tenant-at-sufferanceproceeds of such sale and apply the same, upon all at its option against the expenses of the terms contained hereinsale, except as to term the cost of moving and Base Rent and storage, any arrears of rent or other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent charges payable hereunder by Tenant to Landlord during the last month of the Term of and any damages to which Landlord may be entitled under this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or and in equity to evict Tenant and collect damages in connection with any such holdoverequity.

Holding Over. If Tenant should remain in Tenant, or any assignee or subtenant of Tenant, holds over possession of all or any portion of the Tenant Space after Premises beyond the expiration of the Term of this Lease (or any earlier termination of this Lease, such holding over will not be deemed to extend the Term or renew this Lease or but such holding over will continue upon the termination terms, covenants and conditions of Tenant’s right to possess this Lease except that the Tenant Space), without the execution by Landlord charge for use and Tenant of a new lease or an extension occupancy of the Term Premises for each calendar month or portion thereof that Tenant or such assignee or subtenant holds over will be a liquidated sum equal to one-twelfth (1/12th) of two (2) times the Basic Rent and Additional Rent for the Lease Year preceding the Expiration Date for the first thirty (30) days of such holdover period, and thereafter, two (2) times such Basic Rent and Additional Rent. Tenant shall remain obligated to continue to pay Additional Rent during any holdover period. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant or any assignee or subtenant of Tenant to timely surrender possession of the Premises will exceed the amount of the monthly Basic Rent and Additional Rent and will be impossible to accurately measure. In connection with any holdover, in no event shall Tenant, or any assignee or subtenant, be liable for any consequential damages unless Landlord gives Tenant written notice that the Premises have been leased to another Tenant after the Termination Date. If the Premises are not surrendered upon the expiration or earlier termination of this Lease, then Tenant shall indemnify, defend and hold harmless Landlord against any and all losses and liabilities resulting therefrom, including, without limitation, any claims made by any succeeding tenant founded upon such delay. Nothing contained in this Lease will be deemed to be occupying the entire Tenant Space construed as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined consent by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) the occupancy or possession of the Base Rent payable by Tenant to Landlord during Premises beyond the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term expiration or earlier termination of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty Tenant shall, at its sole cost and expense, take all actions required to remove any assignee or as liquidated damages for such retention subtenant of possessionTenant, nor shall such monthly rent be considered or other party claiming rights to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such the Premises under or through Tenant upon the expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver . The provisions of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon this Article 24 will survive the expiration of the Term or earlier termination of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverLease.

Holding Over. If Tenant should remain in possession of all or any portion of the Tenant Space after the expiration of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages consequential or special damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding Notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverwrongful holdover after notice from Landlord (including incidental and consequential damages sustained by virtue of Tenant’s wrongful holding over after notice from Landlord).

Holding Over. If Tenant should remain in shall, without the written consent of Landlord, hold over and not yield up immediate possession of all or any portion of the Tenant Space Premises after the expiration or sooner termination of the Term Lease Term, then Landlord may, at its option, serve written notice upon Tenant that such holding over constitutes any one of the following: (i) creation of a month-to-month tenancy, or (ii) creation of a tenancy at sufferance: in any case, upon the terms and conditions set forth in this Lease except that the monthly Rent (or any earlier termination of this Lease or the termination of Tenant’s right daily Rent under (ii) above) shall, in addition to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed all other sums which are to be occupying the entire paid by Tenant Space hereunder, whether or not as a tenant-at-sufferanceAdditional Rent, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty twenty-five percent (150125%) of the Base sum of the Rent payable by Tenant plus Additional Rent owed monthly to Landlord during the last month of the Term of under this Lease immediately prior to such expiration or termination (pro rated in the case of (ii) above on the basis of a three hundred sixty (360) day year for each day Tenant remains in possession in the same manner as provided in the Lease for the payment of Rent and one hundred percent (100%) of the Additional Rent payable if no such notice is served, then a tenancy at sufferance be deemed created. In the case of a holdover which has been consented to by Landlord, unless otherwise agreed to in writing by Landlord and Tenant, Tenant shall give to Landlord during thirty (30) days prior written notice of any intention to quit the last month Premises, and Tenant shall be entitled to thirty (30) days prior written notice to quit the Premises, except in the event of non-payment of Rent or Additional Rent when due or the Term breach of this Leaseany other covenant or the existence of a default. The monthly rent payable Tenant shall be liable to Landlord for such holdover period all damages which Landlord suffers because of any holding over by Tenant, and Tenant shall in no event be construed as a penalty or as liquidated damages for such indemnify, defend and hold Landlord harmless from and against claims (including actual and opportunity costs and attorney fees and costs) resulting from Tenant’s retention of possession, nor including any claim from any tenant or prospective tenant against Landlord. The provisions of this section shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance not constitute a waiver by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result right of re-entry as provided in a renewal of this Lease nor shall receipt of any Rent or an extension Additional Rent or any other apparent affirmance of the Term, or any tenancy operate as a waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of terminate this Lease for a breach of any terms, covenants, or upon the earlier termination hereof or at any time during any holdover and the right obligations contained in this Lease on Tenant’s part to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverbe performed.

Holding Over. If In the event of holding over by Tenant should remain in possession of all after expiration or any portion of the Tenant Space after the expiration of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and written consent of Landlord, Tenant of a new lease or an extension shall pay, solely for such holding over, [**] [Confidential Treatment] of the Rental that would have been payable if this Lease had not terminated or expired for the first thirty (30) days of holdover and [**] [Confidential Treatment] of the Rental that would have been payable if this Lease had not so terminated or expired) for the remaining holdover period. No holding over by Tenant after the Lease Term of shall be construed to extend this Lease, then and Tenant shall be deemed a tenant at will, terminable on five (5) days notice from Landlord, provided, however, if not less than one year prior to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all scheduled expiration date of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover periodLease Term, Tenant shall pay provides written notice to Landlord that Tenant has irrevocably waived its Renewal Option and advises that Tenant intends to holdover for a monthly Base Rent specified period (which period may not exceed one hundred twenty (120) days) Tenant shall be entitled to remain in occupancy for the specified period as an authorized holdover and shall be obligated to pay Rental in an amount equal to one hundred fifty percent (150%) 105% of the Base Rent payable Rental in effect immediately prior to such period for the entire period so specified (plus all Additional Rental). In the event of any unauthorized holding over, Tenant shall indemnify Landlord against all claims for damages by Tenant any other tenant to whom Landlord during the last month shall have leased all or any part of the Term of this Lease and one hundred percent (100%) of Leased Premises effective upon the Additional Rent payable by Tenant to Landlord during the last month of the Term termination of this Lease. The monthly rent payable for such holdover period Any holding over with the express written consent of Landlord shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered thereafter constitute this Lease to be any form of Consequential Damages related a lease from month to such retention of possession. Neither any provision hereof nor any acceptance month (terminable by Landlord of any rent after any such either party on fifteen (15) days notice) at a Base Rental, Tenant’s Forecast Additional Rental, and all other sums required to be paid by Tenant prior to the expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of as may be determined by Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover.

Holding Over. If In the event of holding over by Tenant should remain in possession of with respect to all or any portion of the Tenant Space Leased Premises after the expiration or termination of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space)Agreement, without the execution by such holding over shall constitute a tenancy at sufferance relationship between Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon and all of the terms contained hereinand provisions of this Lease Agreement shall be applicable during such period, except that as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover periodmonthly rental, Tenant shall pay to Landlord a monthly Base Rent in for the first (1st) month (or any portion thereof) during the period of such hold over an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during for the last month of immediately preceding the Term of this Lease holdover period and one two hundred percent (100200%) of the Additional Rent payable by Tenant for the month immediately preceding the holdover period for any month thereafter (or portion thereof). The rental payable during such hold over period shall be payable to Landlord during on demand. No holding over by Xxxxxx, whether with or without consent of Landlord, shall operate to extend this Lease Agreement except as herein provided. In the last month event of any unauthorized holding over, Xxxxxx shall also indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Parties (as defined on Exhibit H) against all claims for damages against the Landlord Parties as a result of Xxxxxx’s possession of the Term Leased Premises, including, without limitation, claims for damages by any other party to which Landlord may have leased, or entered into an agreement to lease, all or any part of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier the Leased Premises effective upon the termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdoverAgreement. As such, and notwithstanding any provision Notwithstanding anything herein to the contrary contained hereincontrary, Landlord expressly reserves the right and Tenant specifically agree that no notice to require Tenant to surrender possession of the Tenant Space upon terminate Tenant's tenancy hereunder will be required from and after the expiration of the Term of this Lease Agreement under Section 91.001 or upon Section 24.005 of the earlier termination hereof Texas Property Code before Landlord files a forcible detainer suit on grounds that the Tenant is holding over beyond the end of the Term or at renewal period (if any) hereof; and any time during any holdover and sublease hereunder shall not be approved unless it also contains a specific comparable waiver by the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoversubtenant thereunder.

Holding Over. If Tenant should remain in shall retain possession of all the Project or any portion of the Tenant Space after thereof without Landlord's consent following the expiration of the Term of this Lease (or any earlier termination of this Lease or the sooner termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Leasefor any reason, then Tenant shall be deemed pay to be occupying Landlord, in addition to other amounts due and owing by Tenant under this Lease (calculated as if the entire Tenant Space as Lease Term were extended for the holdover period), for each day of such retention triple the amount of the Scheduled Base Rent (prorated on a tenant-at-sufferancedaily basis) for the first month prior to the date of expiration or termination; provided, however, upon all not less than one hundred twenty (120) days written notice from Tenant, and so long as no Material Default has occurred and is continuing, Tenant may request that Tenant retain possession of the terms contained hereinProject for either one (1) or two (2) months following the expiration or termination of the Lease Term for the sole purpose of completing the removal of the Subject Alterations in a manner consistent with the Demolition Memo, except as to term and the Scheduled Base Rent and any other provision reasonably determined by Landlord to monthly rental for each month in such one (1) or two (2) month period shall be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred and fifty percent (150%) of the Scheduled Base Rent payable for the month ending immediately prior to the expiration or termination of the Lease Term. Tenant shall also indemnify and hold Landlord harmless from any loss or liability resulting from delay by Tenant in surrendering the Project including, without limitation, any claims made by any succeeding tenant founded on such delay (which indemnity amount shall be reduced by the amount by which holdover Scheduled Base Rent under this ARTICLE 15 which is paid by Tenant exceeds the product of (a) Scheduled Base Rent for the month ending immediately prior to such holdover period, times (b) the number of months in such holdover period. Alternatively, if Landlord during the last month gives notice of Xxxxxxxx's consent to Xxxxxx's holding over, such holding over shall constitute renewal of the Term Lease on a month-to-month basis, requiring payment of Scheduled Base Rent at the rate provided in this Lease ARTICLE 15 and one hundred percent (100%) of on the Additional Rent payable by Tenant to Landlord during the last month of the Term other terms and conditions of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention Acceptance of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance Rent by Landlord of any rent after any such following expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in not constitute a renewal of this Lease Lease, and nothing contained in this paragraph shall waive Landlord's right of reentry or an extension any other right. Unless Landlord exercises the option hereby given to it, Tenant shall be only a tenant at sufferance, whether or not Landlord accepts any Rent from Tenant while Tenant is holding over without Xxxxxxxx's written consent. Additionally, in the event that upon termination of the TermLease, or any waiver of any of Landlord’s rights or remedies Tenant has not fulfilled its obligation with respect to such holdover. As suchrepairs and cleanup of the Project or any other Tenant obligations as set forth in this Lease, and notwithstanding any provision to the contrary contained herein, then Landlord expressly reserves shall have the right to require perform any such obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this ARTICLE 15 shall apply; provided, however, that with respect to Scheduled Base Rent for such additional holdover period, Tenant to surrender possession shall be credited in full for any Scheduled Base Rent received by Landlord as damages under the provisions of the Tenant Space upon the expiration of the Term ARTICLE 16 of this Lease or upon the earlier termination hereof or at any time during any which relate to such additional holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverperiod.

Holding Over. If Tenant should remain in acknowledges that possession of all or any portion of the Tenant Space after Land and Improvements must be surrendered to Landlord at the expiration of the Term of this Lease (or any earlier sooner termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term. Tenant agrees to indemnify Landlord against and save Landlord harmless from all costs, claims, loss or liability resulting from the failure or delay by Tenant in so surrendering the Land and Improvements, including, without limitation, any waiver of claims made by any of Landlord’s rights succeeding tenant founded on such failure or remedies with respect delay. The parties recognize and agree that the damage to such holdover. As such, and notwithstanding Landlord resulting from any provision to the contrary contained herein, Landlord expressly reserves the right to require failure by Tenant to surrender possession of the Land and Improvements timely as aforesaid may be extremely substantial, may exceed the amount of any Rent theretofore payable hereunder, and will be impossible to measure accurately. Unless Landlord and Tenant Space agree otherwise in writing, if possession of the Land and/or Improvements is not surrendered to Landlord upon the expiration or sooner termination of the Term Term, then Tenant shall pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Land and/or Improvements after the expiration or sooner termination of the Term, in addition to any sums payable pursuant to the foregoing indemnity, a sum equal to 1.5 times the annual Rent payable under Section 3.01 of this Lease as reasonably determined by Landlord. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Land and/or Improvements after the expiration or sooner termination of the Term. If Tenant holds over in possession after the expiration or termination of the Term, such holding over shall not be deemed to extend the Term or renew this Lease, but the tenancy shall be from month to month upon the terms and conditions of this Lease at the Rent as herein increased. This provision shall survive the expiration or earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverof this Lease.

Holding Over. If (a) Landlord and Tenant should remain in recognize that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on or before the Expiration Date or sooner termination of this Lease, in addition to any other rights or remedies Landlord may have hereunder or at law or at equity, Tenant shall (i) pay as holdover rental an amount equal to the Holdover Percentage multiplied by the greater of (x) the fair market rental value of the Premises for such month or (y) the Rent which Tenant was obligated to pay for the month immediately preceding the end of the Term; (ii) if such holdover shall continue beyond the date which is ninety (90) days after the date of expiration or sooner termination of this Lease, be liable to Landlord for and indemnify Landlord against any direct damages (including, without limitation, payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”)) (collectively, “Direct Damages”)) by reason of the late delivery of space to the New Tenant as a result of Tenant’s holding over or in order to induce such New Tenant not to terminate its lease by reason of the holding over by Tenant; and (iii) if such holdover shall continue beyond the date which is ninety (90) days after the date of expiration or sooner termination of this Lease, be liable to Landlord for and indemnify Landlord against (x) any Direct Damages (without duplication of Tenant’s obligation to pay Landlord Direct Damages under Section 6.10(a)(ii)), (y) the loss of the benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding over by Tenant and (z) any claim for damages by any New Tenant. From and after the thirtieth (30th) day of such holdover, Tenant agrees to cooperate with Landlord and such New Tenant and allow Landlord and/or such New Tenant reasonable access to any portion of the Tenant Space after the expiration of the Term of this Lease (Premises as shall be necessary in order to take measurements thereof or in connection with any earlier termination of this Lease or the termination of Tenant’s preparatory work; which right to possess access shall be governed by the Tenant Spaceprovisions of Section 4.03(d), without as applicable. “Holdover Percentage” means (x) for the execution by Landlord and Tenant first thirty (30) days of a new lease or an extension such holdover, one hundred (100%) percent, (y) for the next thirty (30) days of the Term of this Leasesuch holdover, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease percent, and one thereafter, (z) two hundred percent (100200%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverpercent.

Holding Over. If Tenant should remain in has no right to retain possession of all the Premises or any portion part thereof beyond the expiration of the Tenant Space Term or the termination of this Lease. If, without consent by Landlord, Xxxxxx holds possession of the Premises for more than ten (10) days after the expiration or earlier termination of this Lease, then such holding over shall be without Landlord’s consent and if Landlord accepts Base Rent after the expiration or earlier termination of this Lease, shall be on the basis of a month-to-month tenancy subject to all of the terms and conditions of this Lease, except that the Base Rent payable during such month-to-month tenancy shall be equal to two hundred percent (200%) of the Base Rent in effect at the expiration of the Term of this Lease Lease, prorated for an partial calendar months. Landlord and Tenant each shall have the right to terminate such month to month tenancy by giving at least thirty (30) days’ written notice of termination to the other at any time, in which event such tenancy shall terminate on the termination date set forth in such termination notice. Nothing contained herein shall be construed as consent by Landlord to any holding over by Xxxxxx. Tenant acknowledges that Landlord’s development plans require that Tenant and all subtenants vacate the Premises no later than the expiration of the Term or any earlier termination of this Lease and that Landlord will be significantly damaged if Tenant or any subtenant fails to timely vacate the termination of Tenant’s right to possess Premises. Therefore, if the Tenant Space), without the execution by Landlord Term expires and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights subtenant holds over or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant otherwise fails to surrender possession of the Tenant Space upon Premises at the expiration end of the Term in the manner required under this Lease, in addition to all rights and remedies of Landlord provided for in this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity equity, Tenant shall indemnify, protect, defend and hold Landlord entirely free and harmless from and against any and all damages, losses, claims, suits, actions, costs, expenses and liabilities (including without limitation, attorneys’ fees and costs) arising from or attributable to evict Tenant Tenant’s or subtenant’s failure to vacate the Premises when due, including, without limitation, losses due to construction delays, carry costs and collect damages in connection with any such holdoverother similar damages.

Holding Over. If Tenant should remain in possession of all or any portion of the Tenant Space holds over after the expiration of the Lease Term of this Lease (hereof, with or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant consent of a new lease or an extension of the Term of this LeaseLandlord, then Tenant such tenancy shall be deemed to be occupying the entire Tenant Space as a tenantfrom month-atto-sufferancemonth only, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to shall be inapplicable. During any such holdover period, Tenant shall pay to Landlord payable at a monthly Base Rent in an amount rate equal to one hundred fifty percent 150% of the greater of: (150%A) the sum of the Base Rent payable by Tenant to Landlord during and Tenant’s Share of Operating Expenses due for the last month period immediately preceding the holdover; or (B) the sum of the Term fair market rent for the Premises and Tenant’s Share of this Lease and one hundred percent (100%) of Operating Expenses due for the Additional Rent payable by Tenant to Landlord during period immediately preceding the last holdover. Such month-to-month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination tenancy shall be deemed a consent subject to any every other term, covenant and agreement contained herein. Such holdover hereunder or result in shall not constitute a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, Lease Term and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space 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. In addition to the payment of the Term amounts provided above, if Landlord is unable to deliver possession of the Premises to a new tenant, or to perform improvements for a new tenant, as a result of Tenant’s holdover and Tenant fails to vacate the Premises within 15 days after Landlord notifies Tenant of Landlord’s inability to deliver possession, or perform improvements, such failure shall constitute a default hereunder; and notwithstanding any other provision of this Lease to the contrary, Tenant shall be liable to Landlord for, and shall protect Landlord from and indemnify and defend Landlord against, all losses and damages, including any claims made by any succeeding tenant resulting from such failure to vacate, and any consequential damages that Landlord suffers from the holdover. Notwithstanding the foregoing, Tenant shall have no obligation to compensate Landlord for any consequential damages or upon the earlier termination hereof or at lost profits suffered by any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages party in connection with any such holdover, unless, and then only for periods after, Landlord shall have provided written notice to Tenant that a new tenant has entered into a lease for all or a portion of the Premises, and at least thirty (30) days have elapsed since Landlord shall have delivered such notice to Tenant.

Holding Over. 22.1 If Tenant should remain in possession of all (or anyone claiming through Tenant) does not immediately surrender the Premises or any portion of thereof in the Tenant Space after condition required hereunder upon the expiration of the Term of this Lease (or any earlier termination of this the Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this LeaseTerm, then Tenant shall be deemed to be occupying in holdover and the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined payable by Landlord to be inapplicable. During any Tenant hereunder for each month or partial month of such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent in effect immediately prior to such holdover period. In addition, Tenant shall continue to pay additional rent and other sums that would have been payable pursuant to the provisions of this Lease if the Lease Term had continued during such holdover period including Pass-Through Expenses. Such holdover fee shall be computed by Landlord and paid by Tenant on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises has been vacated and possession thereof surrendered by Tenant to Landlord during in the last month of the Term of condition required under this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term Lease. Notwithstanding any other provision of this Lease. The monthly rent payable for , Landlord’s acceptance of such holdover period fee shall not in no event be construed as a penalty or as liquidated damages for any manner adversely affect Landlord’s other rights and remedies, including Landlord’s right to evict Tenant and to recover all damages. Any such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination holdover shall be deemed to be a tenancy at sufferance and not a tenancy at will or tenancy from month to month. In no event shall any holdover be deemed a permitted extension or renewal of the Lease Term, and nothing contained herein shall be construed to constitute Landlord’s consent to any holdover hereunder or result in to give Tenant any right with respect thereto. In the event that any such holdover continues for a renewal period of sixty (60) days or more, Tenant shall indemnify, defend, protect and hold Landlord harmless from and against any and all claims for damages by any other tenant or third person to whom Landlord may have leased all or any part of the Premises effective on or after the termination of this Lease or an extension Lease, and shall pay Landlord for any loss, cost, expense, damages and liabilities incurred by Landlord as a result of the Termsuch holding over, or any waiver of any of including, without limitation, reasonable attorneys’ fees and Landlord’s rights or remedies with respect to such holdoverlost revenues. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover.ARTICLE XXIII

Holding Over. If Tenant should remain in possession of all or any portion of the Tenant Space Subtenant holds over after the expiration of the Term of this Lease (or any earlier termination of this Lease Sublease with the express or the termination implied consent of Tenant’s right to possess the Tenant Space)Sublandlord, without the execution by Landlord such tenancy shall be from month-to-month only and Tenant of shall not constitute a new lease renewal hereof or an extension of for any further term. Such month-to-month tenancy shall be subject to all the Term terms and provisions of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained hereinSublease, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant that Subtenant shall pay to Landlord a monthly Base Rent in an amount (on a per month basis without reduction for partial months during the holdover) equal to one hundred fifty percent (150%) % of the sum of the Base Rent payable by Tenant to Landlord during due for the last month of period immediately preceding the Term of holdover. Nothing contained in this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period Section 16 shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance consent by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent Sublandlord to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As suchholding over by Subtenant, and notwithstanding any provision to the contrary contained herein, Landlord Sublandlord expressly reserves the right to require Tenant to surrender recover immediate possession of the Tenant Space upon Subleased Premises by summary proceedings or otherwise. In addition to the payment of the amounts provided above, if Sublandlord is unable to deliver possession of the Subleased Premises to a new subtenant or to Landlord, as the case may be, or to perform improvements for a new subtenant, as a result of Subtenant’s holdover, Subtenant shall be liable to Sublandlord for all damages, including, without limitation, consequential damages, that Sublandlord suffers from the holdover; Subtenant expressly acknowledges that such damages may include all of the holdover rent charged by Landlord under the Master Lease as a result of Subtenant’s holdover, which Master Lease holdover rent may apply to the entire Master Lease Premises. Notwithstanding any other term or provision of this Sublease, if the Term expires on the Expiration Date (as opposed to an early termination for any reason), Subtenant shall be entitled to hold over, without any payment of Base Rent, solely for the purpose of performing any repair/restoration obligations of Subtenant under this Sublease, so long as (x) Subtenant’s work of repair/restoration does not interfere with Sublandlord’s restoration work, if any, which is concurrently being performed in the Building and (y) in no event will Subtenant have any right to remain in the Subleased Premises for any reason whatsoever following the date which precedes the date of expiration of the Term term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverMaster Lease.

Holding Over. If Tenant should remain in Subtenant holds possession of all the Premises or any portion of the Tenant Space thereof after the expiration of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this LeaseSublease, then Tenant Subtenant shall be deemed to be occupying the entire Tenant Space as become a tenant-at-sufferancetenant at sufferance only, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord at a monthly Base Rent in an amount sublease base rental rate equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during in effect upon the last month date of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination, plus all additional rent payable by Subtenant hereunder (pro-rated on a daily basis) (such amounts, collectively, the “Holdover Rent Payments”). Acceptance by Sublandlord of rent after such expiration or termination date shall be deemed a consent to any holdover hereunder or not result in a renewal of this Lease Sublease and shall not waive or an extension of the Term, or any waiver of any of Landlordmodify Sublandlord’s rights or to pursue any and all legal remedies available to Sublandlord under applicable law with respect to such holdoverholding over by Subtenant. As suchIt is acknowledged that if Subtenant holds over after the expiration or earlier termination of this Sublease, and notwithstanding any provision Sublandlord may be subject to holdover rent with respect to the contrary contained hereinPremises under the Master Lease. Accordingly, Landlord (i) Sublandlord expressly reserves the right to require Tenant Subtenant to surrender possession of the Tenant Space Premises upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and Subtenant and/or collect damages in connection with any such holding over, and (ii) Subtenant shall indemnify, defend and hold Sublandlord harmless from and against any and all Claims, including, without limitation, attorneys’ fees incurred or suffered by Sublandlord by reason of Subtenant’s failure to surrender the Premises on the expiration or earlier termination of this Sublease in accordance with the provisions of this Sublease (including, without limitation, the cost of all rent payable by Sublandlord with respect to the Premises under the Master Lease caused by or resulting from Subtenant’s holdover) to the extent greater than the Holdover Rent Payments, unless Subtenant has vacated the Premises in accordance with the terms hereof and such holdover rent with respect to the Premises is due to the negligence or willful misconduct of Sublandlord. Notwithstanding the foregoing, Subtenant shall be entitled to make separate arrangements with Master Landlord permitting Subtenant to SMRH: 473310031.19 -17- 300 XXXXXX XXXXX BOULEVARD.SUBLEASE – PROTHENA BIOSCIENCES FINAL EXECUTION VERSION 0SDM-159614 SV\1619361.8 remain in the Premises after expiration of the Term, provided, that, (a) Sublandlord is released from its obligation to surrender the Premises to Master Landlord under the terms of the Master Lease, and (b) the Master Lease terminates with respect to the Premises for all purposes on the Expiration Date.

Holding Over. If Any holding over by Tenant should remain in possession of all or any portion of the Tenant Space after the expiration or earlier termination of the Term term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable except that Tenant shall pay as a use and occupancy charge an amount equal to 200% of the greater of (x) the Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the highest rate payable under the terms of this Lease or (y) the fair market rental value of the Premises, in each case for the period measured from the day on which Tenant’s hold-over commences and terminating on the day on which Tenant vacates the Premises, provided, however, for the first thirty (30) days of such holding over, the foregoing 200% rate set forth above will be reduced to 150%. In addition, Tenant shall save Landlord, its agents and employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages which Landlord may suffer on account of Tenant’s hold-over in the Premises after the expiration or prior termination of the term of this Lease. Nothing in the foregoing nor any other term or provision of this Lease shall be deemed to permit Tenant to retain possession of the Premises or hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be conclusively deemed to be occupying abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the entire Tenant Space as a tenant-at-sufferanceproceeds of such sale and apply the same, upon all at its option against the expenses of the terms contained hereinsale, except as to term the cost of moving and Base Rent and storage, any arrears of rent or other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent charges payable hereunder by Tenant to Landlord during the last month of the Term of and any damages to which Landlord may be entitled under this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or and in equity to evict Tenant and collect damages in connection with any such holdoverequity.

Holding Over. If 22.1 Tenant should remain acknowledges that it is extremely important that Landlord have substantial advance notice in possession the event Tenant will not vacate the Premises upon expiration of all the Lease Term, and acknowledges that if Xxxxxx fails to surrender the Premises or any portion of the Tenant Space after thereof at the expiration of the Term of this Lease (or any earlier termination of this the Lease Term, then it will be presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Rent and additional rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender full possession of the Premises or any portion thereof upon the expiration or earlier termination of Tenant’s right to possess the Tenant Space), without Lease Term in the execution condition required by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then the holdover fee payable by Tenant hereunder for each month or partial month of such holdover shall be deemed to be occupying equal the greater of (i) the fair market rent for the entire Tenant Space as a tenant-at-sufferancePremises, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to or (ii) one hundred fifty percent (150%) of the Base Rent, Tenant’s Proportionate Share of Operating Charges and Tenant’s Proportionate Share of Real Estate Taxes, other additional rent and other sums that would have been payable pursuant to the provisions of this Lease if the Lease Term had continued during such holdover period (collectively, “Holdover Rent”). Such Holdover Rent shall be computed by Landlord and paid by Xxxxxx on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises has been vacated and full possession thereof surrendered by Tenant to Landlord during in the last month of the Term of condition required under this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term Lease. Notwithstanding any other provision of this Lease. The monthly rent payable for , Landlord’s acceptance of such holdover fee shall not in any manner adversely affect Landlord’s other rights and remedies, including Landlord’s right to evict Tenant and to recover all damages, provided that Xxxxxxxx’s sole and exclusive remedy on account of Xxxxxx’s holdover in the Premises for a period of not greater than sixty (60) days shall in no event be construed as a penalty or as liquidated damages for Holdover Rent. Any such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination holdover shall be deemed to be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month. In no event shall any holdover be deemed a permitted extension or renewal of the Lease Term, and nothing contained herein shall be construed to constitute Landlord’s consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or to give Tenant any waiver of any of Landlord’s rights or remedies right with respect thereto. For purposes hereof, Tenant shall be deemed to such holdover. As suchhave surrendered the Premises notwithstanding Tenant’s failure to comply with Xxxxxx’s removal obligations set forth in this Lease, if and notwithstanding any provision only to the contrary contained herein, Landlord expressly reserves extent that such failure is the right result of Tenant’s failure to require Tenant to remove one or more items of a non-material nature in the aggregate that do not adversely interfere in any material respect with the surrender of possession of the Tenant Space upon entire Premises to Landlord or the expiration entry, work activities, or use of the Term of this Lease Premises by Landlord or upon the earlier termination hereof or next tenant thereof. Any such item(s) shall be deemed abandoned and subject to removal by Landlord at any time during any holdover and Tenant’s expense in accordance with the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverterms hereof.

Holding Over. If Any holding over by Tenant should remain in possession of all or any portion of the Tenant Space after the expiration or earlier termination of the Term term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable except that Tenant shall pay as a use and occupancy charge an amount equal to 150% for the first 30 days of such holdover (and 200% thereafter) of the greater of (x) the Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the highest rate payable under the terms of this Lease or (y) the fair market rental value of the Premises, in each case for the period measured from the day on which Tenant’s hold-over commences and terminating on the day on which Tenant vacates the Premises. In addition, Tenant shall save Landlord, its agents and employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages which Landlord may suffer on account of Xxxxxx’s hold-over in the Premises after the expiration or prior termination of the term of this Lease. Nothing in the foregoing nor any other term or provision of this Lease shall be deemed to permit Tenant to retain possession of the Premises or hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease (or any earlier termination of this Lease or or, if later, the termination of Tenant’s right to possess day on which Tenant vacates the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant Premises) shall be conclusively deemed to be occupying abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the entire Tenant Space as a tenant-at-sufferanceproceeds of such sale and apply the same, upon all at its option against the expenses of the terms contained hereinsale, except as the cost of moving and storage, any arrears of rent or other charges payable hereunder by Xxxxxx to term and Base Rent Landlord and any other provision reasonably determined by damages to which Landlord to may be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term of entitled under this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or and in equity to evict Tenant and collect damages in connection with any such holdoverequity.

Holding Over. If Tenant should remain in or any Person acting by or through Tenant shall retain possession of all or any portion of the Tenant Space Leased Premises after the expiration of the Term Lease Term, Tenant or such Person shall be a tenant at sufferance. For the period during which Tenant or such Person so retains possession of the Leased Premises, Tenant shall pay Base Rent in an annual amount equal to ten percent (10%) of the then appraised value of the fee interest in the Land, as reasonably determined by District, based on the highest and best use for the Land at the time of any such holdover. Tenant shall pay as Additional Rent any costs and expenses of an appraisal incurred by District in connection with this Section 3.4. Tenant shall indemnify the District Indemnified Parties and hold them harmless from and against all liabilities, damages, obligations, losses, and expenses sustained or incurred by them by reason of such retention of possession of the Leased Premises by Tenant or such Person, except to the extent the same is the result of or arises solely out of the gross negligence or intentional misconduct of the District Indemnified Parties. If the retention of possession of the Leased Premises is with the written consent of District, such tenancy shall be from month-to- month and in no event from year-to-year or any period longer than month-to-month. The provisions of this Section 3.4 shall not constitute a waiver by District of any re-entry rights or remedies of District available under this Lease. Except as modified by this Section 3.4, all terms and provisions of this Lease (or shall apply during any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicableholdover period. During any such holdover period, each Party shall give to the other at least thirty (30) days’ notice to quit the Leased Premises, except in the event of nonpayment of Rent when due, or of the breach of any other covenant by Xxxxxx, in which event Tenant shall pay not be entitled to Landlord a monthly Base Rent in an amount equal any notice to one hundred fifty percent quit, the usual thirty (150%30) of days’ notice to quit being expressly waived. Notwithstanding the Base Rent payable by Tenant to Landlord during the last month of the Term foregoing provisions of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant Section 3.4, if District shall desire to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender regain possession of the Tenant Space upon Leased Premises promptly at the expiration of the Term Lease Term, District may re-enter and take possession of this Lease the Leased Premises by any legal action or upon process then in force in the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverDistrict of Columbia.

Holding Over. If Tenant should remain in possession of all or any portion of the Tenant Space after the expiration of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant SpaceLease), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a (A) monthly Base Rent in an amount equal to (i) one hundred twenty-five percent (125%) with respect to the first sixty (60) days of such holdover, (ii) one hundred fifty percent (150%) with respect to the next thirty (30) days of such holdover, and (iii) two hundred percent (200%) thereafter, of the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and Lease, plus (B) one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding Notwithstanding any provision to the contrary contained herein, (a) Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon no later than sixty (60) days after the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover after the first sixty (60) days thereof and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover, (b) Tenant shall indemnify, defend and hold Landlord harmless from and against any and all Claims (including, without limitation, all lost profits and other consequential damages, attorneys’ fees, consultants’ fees and court costs incurred or suffered by or asserted against Landlord) arising out of or in any manner related to Tenant’s failure to surrender the Tenant Space on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease, and (c) Tenant shall pay to Landlord Base Rent at the holdover rates set forth in this Section 13.3 from the first day following the expiration or earlier termination of this Lease through the entire period of such holdover.

Holding Over. If Tenant should remain in possession Notwithstanding any provision of all law or any portion of judicial decisions to the Tenant Space after contrary, no notice shall be required from either party to terminate this Lease on the expiration date herein specified, and anything herein contained and implied to the contrary notwithstanding, a holding over by the Tenant, its successors or assigns, beyond the expiration of such term, shall give rise to a tenancy from month to month only at a monthly rental rate equal to three times the Term monthly rental rate in effect on the expiration date. Tenant will not enter into any sublease for a period beyond the expiration of this Lease or, if this Lease be renewed, beyond any renewal period. If, nevertheless, any subtenant of Tenant or anyone holding by, through, or under Tenant should fail to surrender possession of the Premises, or any part thereof, by the expiration date of this Lease (or any earlier termination of renewal date, if this Lease or the termination of Tenant’s right to possess the Tenant Spaceshould be renewed), without Tenant shall take appropriate action or proceedings to remove any such subtenant or person from said Premises and shall conduct such action or proceedings with reasonable diligence and continuity until the execution by Landlord and completion thereof. While such action or proceedings are pending Tenant of shall not be deemed a new lease or an extension of the Term of this Lease, then Tenant holdover tenant but shall be deemed to be occupying the entire Tenant Space as a tenantmonth-atto-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord month tenant at a monthly Base Rent rent in an the same amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord as that provided for during the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Leasepreceding term. The monthly rent payable for such holdover period shall in no event be construed as If, within a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent reasonable time after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease term or upon renewal term, as the earlier termination hereof or at any time during any holdover and the right case may be, Tenant shall have failed to assert any remedy at law or in equity to evict Tenant and collect damages in connection with remove any such holdoversubtenant or person, who shall be holding by, through or under Tenant, Tenant shall reimburse Landlord for the reasonable cost and expense, including attorneys' fees, which Landlord may incur if Landlord shall seek to remove any such subtenant or person.

Holding Over. If Tenant should remain shall hold over beyond the end of the Term with the Consent of Landlord, then the provisions of the hold over tenancy shall be the same provisions set forth in possession this Lease governing the rights and obligations of all the parties during the Term, except that the tenancy shall be on the basis of a month to month tenancy, terminable by Landlord immediately by issuance of a notice to quit possession, so long as the quitting date is at least 3 days after the giving of the notions to quit; there shall be no rights or options in Tenants to extend this Term, increase or decrease the size of the Leased Premises, purchase any portion of the Project, exercise any right of refusal to any leasing or sale of any portion of the Project or any similar rights that may have been in effect during this Term; and the Monthly Base Rent for the hold over shall be the Monthly Base Rent in effect immediately prior to the end of the Term, which shall be increased in the same manner as the Monthly Base Rent had been increased by any formula or with any regular frequency during the Term. If Tenant Space after shall not have vacated the expiration Leased Premises on or before the end of the Term and does not have Landlord's Consent to remain in the Leased Premises, the failure to vacate shall not be treated as a hold over for any further term and it is agreed that the use and occupancy damages for which Tenant will be liable during any such period of occupancy will be the amount that would have been payable as Additional Rent had this Lease (or any earlier termination remained in effect during the period of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in occupancy plus an amount equal to one hundred fifty percent (150%) of twice the Monthly Base Rent payable by Tenant to Landlord during in effect at the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension end of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover.

Holding Over. If In the event that Tenant should remain in possession of all shall not immediately surrender the Demised Premises on the Expiration Date or any portion extension thereof, Tenant shall, by virtue of the provisions hereof, become a month-to-month Tenant Space at a monthly Basic Annual Rent equal to the then current market rent for similar properties, as Landlord shall determine, which said monthly tenancy shall commence with the first day after the expiration of the Term term of this Lease. The Tenant, as a month to month tenant, shall be subject to all of the conditions and covenants of this Lease as though the same had originally been a month to month tenancy. In the event of such month to month tenancy, Tenant shall give to Landlord at least thirty (or 30) days written notice of any earlier termination intention to quit the Building, and Tenant shall be entitled to thirty (30) days written notice to quit the Building, except in the event of nonpayment of Basic Annual Rent in advance, in which event Tenant shall not be entitled to any notice to quit, the usual thirty (30) days notice to quit being hereby expressly waived. Notwithstanding the foregoing, if at any time either prior to the expiration date of this Lease or after Tenant shall become a month-to-month tenant, Landlord shall give Tenant written notice stating that Landlord has another potential tenant for the termination of Demised Premises and naming said Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant shall fail to quit the Demised Premises on the expiration date of a new lease this Lease or an extension thirty (30) days after receipt of the Term of this Leasenotice, whichever is later, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay liable to Landlord a monthly Base Rent in an amount equal for all damages resulting from Tenant’s failure to one hundred fifty percent (150%) of quit the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed Demised Premises as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverrequired.

Holding Over. If Any holding over by Tenant should remain in possession of all or any portion of the Tenant Space after the expiration or earlier termination of the Term term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable except that Tenant shall pay as a use and occupancy charge an amount equal to the greater of (x) 200% of the Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the rate payable under the terms of this Lease immediately prior to the commencement of such holding over, or (y) the fair market rental value of the Premises, in each case for the period measured from the day on which Tenant’s hold-over commences and terminating on the day on which Tenant vacates the Premises. Notwithstanding the foregoing, for the first sixty (60) days of any holding over, the percentage figure set forth above shall instead be 150%. In addition, Tenant shall save Landlord, its agents and employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages which Landlord may suffer on account of Tenant’s hold-over in the Premises after the expiration or prior termination of the term of this Lease. Notwithstanding the foregoing, however, Tenant shall not be liable for indirect or consequential damages incurred by Landlord during the first thirty (30) days of any holding over by Tenant. Nothing in the foregoing nor any other term or provision of this Lease shall be deemed to permit Tenant to retain possession of the Premises or hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be conclusively deemed to be occupying abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the entire Tenant Space as a tenant-at-sufferanceproceeds of such sale and apply the same, upon all at its option against the expenses of the terms contained hereinsale, except as to term the cost of moving and Base Rent and storage, any arrears of rent or other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent charges payable hereunder by Tenant to Landlord during the last month of the Term of and any damages to which Landlord may be entitled under this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or and in equity to evict Tenant and collect damages in connection with any such holdoverequity.

Holding Over. If Tenant should remain in shall not be permitted to holdover and the Tenant acknowledges it may not do so without the Landlord’s consent which may be denied for any reason or no reason. Notwithstanding the foregoing, if Tenant retains possession of all or any portion of the Tenant Space Premises after the expiration or termination of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension possession of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover periodPremises, Tenant shall pay Rent during such holding over at (i) for up to Landlord a monthly Base Rent in an amount equal to the first three (3) months of such holding over, one hundred fifty percent (150%) of the most recent Base Rent payable by (but not Additional Rent, which shall remain at then applicable amounts without inflation or penalty) in effect immediately preceding such holding over, computed on a monthly basis for each such month (or, if a partial month, on a prorated basis for such partial month) that Tenant to Landlord during remains in possession, and (ii) for any period of such holding over exceeding the last month of the Term of this Lease and one holdover period described in subclause (i) above, two hundred percent (100200%) of the most recent Base Rent (but not Additional Rent payable Rent, which shall remain at then applicable amounts without inflation or penalty) in effect immediately preceding such holding over, computed on a monthly basis for each such additional month (or, if a partial month, on a prorated basis for such partial month) that Tenant remains in possession. For any such holding over that exceeds thirty (30) days, Tenant shall also pay, indemnify and defend Landlord from and against all claims and actual damages sustained by reason of Tenant's holding over (it being understood that any out-of-pocket costs, expenses or damages or rental abatements due from Landlord to any tenant who will be leasing all or any portion of the Premises following the Term hereof shall be included in such damages being indemnified by Tenant to Landlord hereunder). At Tenant's request made at any time during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension six (6) months of the Term, Landlord shall notify Tenant of any leasing of the Premises (or any waiver of any of Landlord’s rights portion thereof) for a term commencing following the termination or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term or of Tenant's right to possession hereunder, which may give rise to indemnification obligations of Tenant pursuant to this Section 20. The provisions of this Lease section do not waive Landlord's right of re entry or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy regain possession by actions at law or in equity or any other rights hereunder, and any receipt of payment by Landlord shall not be deemed a consent by Landlord to evict Tenant Tenant's remaining in possession or be construed as creating or renewing any Lease or right of tenancy between Landlord and collect damages in connection with any such holdoverTenant.

Holding Over. If In the event Tenant should remain in or any party under Tenant claiming rights to this Lease, retains possession of all or any portion of the Tenant Space Premises after the expiration or earlier termination of this Lease, such possession shall constitute and be construed as a tenancy at will only, subject, however, to all of the Term terms, provisions, covenants and agreements on the part of Tenant hereunder; such parties shall be subject to immediate eviction and removal and Tenant or any such party shall pay Landlord as rent for the period of such holdover an amount equal to (i) one and one-half (1 1/2) times the Basic Annual Rent plus (ii) Additional Rent (as hereinafter defined) in effect immediately preceding expiration or termination, as applicable, prorated on a daily basis. Landlord and Tenant agree that they have included the foregoing provision for liquidated damages because the actual damages to be incurred by Landlord can reasonably be expected to approximate the amount of liquidated damages called for herein and because the actual amount of such damages would be difficult if not impossible to measure accurately. Tenant shall also pay and agrees to indemnify and hold Landlord harmless from any and all damages sustained by Landlord as a result of such holdover. The rent during such holdover period shall be payable to Landlord from time to time on demand; provided, however, if no demand is made during a particular month, holdover rent accruing during such month shall be paid in accordance with the provisions of Article 2. Tenant will vacate the Premises and deliver same to Landlord immediately upon Tenant’s receipt of notice from Landlord to so vacate. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend the term of this Lease (Lease; no payments of money by Tenant to Landlord after the expiration or any earlier termination of this Lease shall reinstate, continue or extend the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term ; and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term no extension of this Lease and one hundred percent (100%) of after the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination thereof shall be deemed a consent valid unless and until the same shall be reduced to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, writing and notwithstanding any provision to the contrary contained herein, signed by both Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverTenant.

Holding Over. If Any holding over by Tenant should remain in possession of all or any portion of the Tenant Space after the expiration of the Lease Term shall, under no circumstances, give rise to any type of tenancy. Any payments by Tenant after the expiration of the Lease Term shall be for use and occupancy only, shall in no way be relied upon to establish any type of tenancy, and shall be considered to be liquidated damages and not a penalty. Such payments shall be due from Tenant at the greater of the Applicable Holdover Percentage (as defined below) of (i) the Annual Fixed Rent and at the full amount of the Additional Rent provided for herein immediately prior to such expiration, or (ii) the Fair Market Rent. Tenant's occupancy shall otherwise be on the terms and conditions set forth in this Lease, as far as applicable. The "Applicable Holdover Percentage" shall be one hundred fifty (150%) percent for the first six months of such holding over, and two hundred (200%) percent for any time thereafter. Landlord waives no rights against Tenant by reason of accepting any holding over by Tenant, including without limitation the right to terminate such tenancy as provided by law at any time after the expiration of the Lease (or any earlier termination of this Lease Term, or the termination of Tenant’s right to possess obtain possession of the Tenant Space)Premises, without and any right to damages in the event that Tenant's holding over causes Landlord to suffer any loss. Notwithstanding the foregoing however, Landlord specifically agrees to stay the execution by of any court order providing for delivery of possession of the Premises to Landlord until the expiration of the first nine (9) months of any such holdover. Landlord also specifically agrees to waive the right to claim such actual damages in excess of the Applicable Holdover Percentage of Annual Fixed Rent and Additional Rent or Fair Market Rent, as the case may be, solely with respect to the first nine (9) months of any such holdover, Landlord and Tenant agreeing that Landlord's damages in the event of a new lease or an extension holding over by Tenant after the expiration of the Lease Term are difficult to ascertain, and that the provisions of this LeaseSection 20.17 reflect a reasonable estimate of Landlord's damages. From and after the expiration of such nine (9) month period, then Tenant actual damages may be recovered in addition to the Applicable Holdover Percentage of Annual Fixed Rent and Additional Rent, or Fair Market Rent, as the case may be, including any damages accruing from and after the expiration of such nine (9) month period relating to any loss, cost or damage, whether first incurred prior to the expiration of such period or thereafter. Nothing in this Section 20.17 shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all imply any right of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during stay in the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent Premises after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverTerm.

Holding Over. If Should Tenant, with Landlord's written consent, hold over after the termination of this Lease and continue to pay Rent, Tenant should remain in possession of shall become a tenant from month to month only upon each and all or any portion of the terms herein provided as may be applicable to such month to month tenancy and any such holding over shall not constitute an extension of this Lease. During such holding over, Tenant Space shall pay monthly Rent equal to one hundred twenty-five percent (125%) of the last monthly Rent and the other monetary charges as provided herein. Such tenancy shall only be available to Tenant for a maximum of two (2) calendar months and may be terminated by Landlord or Tenant by giving at least ten (10) days written notice prior to the end of the first hold over calendar month. None of the terms in the paragraph or the fact that the Tenant is allowed to hold over shall be considered as an assurance to the Tenant that it may continue occupancy of the Premises after the expiration of the Term of this Lease (Lease, or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or as an extension of the Term of this LeaseLease by the Landlord on any basis, then Tenant shall be deemed to be occupying the entire Tenant Space nor as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of the Landlord’s 's rights or remedies with respect to such holdoverterminate this Lease and re-enter the Premises. As such, and notwithstanding any provision Nothing contained herein shall be construed to the contrary contained herein, Landlord expressly reserves give Tenant the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or holdover at any time during time, and Landlord may exercise any holdover and the right to assert any remedy all remedies at law or in equity to evict recover possession of the Premises, as well as damages incurred by Landlord due to Tenant's failure to vacate the Premises and deliver possession to Landlord as herein provided. Tenant shall reimburse Landlord and collect indemnify Landlord against all damages incurred by Landlord from any delay by Tenant in connection with any such holdovervacating the Premises.

Holding Over. If Tenant should remain in possession of all or any portion of shall, at the Tenant Space after the expiration of the Term of this Lease (or any earlier termination of this Lease by lapse of time or otherwise, yield up immediate possession to Landlord. If Tenant or any party claiming under Tenant remains in possession of the Premises, or any portion thereof at the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant no tenancy or interest in the Premises shall result therefrom, unless Landlord elects as hereinafter provided, but such holding over shall be deemed an unlawful detainer and all such parties shall be subject to be occupying immediate eviction and removal. If, without the entire written consent of Landlord, Tenant Space or any party claiming under Tenant remains in possession of the Premises, or any part thereof, after the termination of this Lease, Landlord may, in addition to its other rights, including without limitation, rights of ejectment and damages, elect, in its sole discretion, to treat such holding over by Tenant as a tenantcreation of a month-atto-sufferance, upon month tenancy subject to all of the terms contained hereinterms, covenants and conditions in this Lease insofar as the same are applicable to a month-to- month tenancy, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, that Tenant shall pay to Landlord a monthly Base Rent Basic Rental in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord monthly Basic Rental in effect during the last month of the Term term of this Lease. In the event Tenant holds over pursuant to this Section 18, then Tenant shall give Landlord at least thirty (30) days prior written notice of any intention to quit the Premises and Tenant shall be entitled to thirty (30) days prior written notice to quit the Premises, except in the event of nonpayment of rent in advance or the breach of any other covenant by Tenant, in which event, Tenant shall not be entitled to any notice to quit, the usual thirty (30) days notice to quit being hereby expressly waived. If Landlord agrees in writing that Tenant may hold over after the expiration or termination of this Lease, unless the parties hereto otherwise agree in writing on the terms of such holding over, the holdover tenancy shall be subject to termination by either Landlord or Tenant at any time upon not less than thirty (30) days advance written notice (except in the event of nonpayment of rent in advance or the breach of any other covenant by Tenant, in which event, Tenant shall not be entitled to any notice to quit, the usual thirty (30) days notice to quit being hereby expressly waived), and all of the other terms and provisions of this Lease and shall be applicable during that period, except Tenant shall pay Landlord in advance, as the monthly Basic Rental for the period of any holdover, an amount equal to one hundred fifty percent (100150%) of the Additional Rent payable by Tenant to Landlord during monthly Basic Rental in effect on the last month termination date, computed on a daily basis for each day of the Term holdover period. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided in this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover.

Holding Over. If Tenant should or any other person or party shall remain in the possession of all the Premises or any portion of the Tenant Space after part thereof following the expiration of the Term of this Lease (term or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by an agreement in writing between Landlord and Tenant of a new lease with respect thereto, the person or an extension of the Term of this Lease, then Tenant party remaining in possession shall be deemed to be occupying the entire Tenant Space as a tenant-at-tenant at sufferance, upon all of and during any such holdover, the terms contained hereinrents and other amounts payable under this Lease by such tenant at sufferance shall be double 150% OF THE RATE OR RATES IN EFFECT IMMEDIATELY PRIOR TO THE EXPIRATION OF THE TERM OR EARLIER TERMINATION OF THIS LEASE AND TENANT AND ANY SUCH TENANT AT SUFFERANCE SHALL PAY LANDLORD AND BE LIABLE FOR ANY AND ALL DAMAGES THAT LANDLORD MAY SUFFER ON ACCOUNT OF THE FAILURE TO SURRENDER POSSESSION OF THE PREMISES, except as to term and Base Rent and any other provision reasonably determined by Landlord AND SAID TENANT AND TENANT AT SUFFERANCE DO JOINTLY AND SEVERALLY HEREBY AGREE TO INDEMNIFY AND SAVE LANDLORD HARMLESS FROM AND AGAINST ALL CLAIMS MADE BY ANY SUCCEEDING TENANT OF THE PREMISES (OR ANY PART THEREOF) AGAINST LANDLORD ON ACCOUNT OF DELAY BY LANDLORD IN DELIVERING POSSESSION OF THE PREMISES TO THE SUCCEEDING TENANT. In no event, however, shall such holding over be deemed or construed to be inapplicable. During any such holdover period, Tenant shall pay to Landlord or constitute a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term renewal or extension of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possessionOR AN AGREEMENT BY LANDLORD TO PERMIT SUCH HOLDING OVER, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverIT BEING RECOGNIZED AND ACKNOWLEDGED BY TENANT THAT SUCH HOLDING OVER IS A DEFAULT BY TENANT UNDER THIS LEASE.

Holding Over. If Tenant should remain acknowledges that it is extremely important that landlord have substantial advance notice of the date which tenant will vacate the premises, because landlord will (a) require an extended period to locate a replacement tenant, and (b) plan its leasing and renovation program for the premises in possession of all reliance on its lease expiration dates. Therefore, if tenant (or anyone claiming through tenant) does not immediately surrender the premises or any portion of the Tenant Space after thereof upon the expiration of the Term of this Lease (or any earlier termination of the lease term, then the rent shall be increased to equal to One Hundred Fifty (150%) per cent of the rent, additional rent and other sums that would have been payable pursuant to the provisions of this Lease or lease if the termination lease term had continued for such holdover period. Such rent shall be computed by landlord on a monthly basis and shall be payable on the first day of Tenant’s such holdover period and the first day of each calendar month thereafter during such holdover period until the premises have been vacated. Notwithstanding any other provision of this lease, landlord's acceptance of such rent shall not in any manner adversely affect landlord's other rights and remedies, including landlord's right to possess the Tenant Space), without the execution by Landlord evict tenant and Tenant of a new lease or an extension of the Term of this Lease, then Tenant to recover all damages. Any holdover shall be deemed to be occupying the entire Tenant Space as a tenanttenancy-at-sufferancesufferance and not a tenancy from month-to-month; provided, upon all of the terms contained hereinhowever, except as that landlord may, in addition to term and Base Rent and any its other provision reasonably determined by Landlord remedies, elect, in its sole discretion, to be inapplicable. During any treat such holdover period, Tenant shall pay to Landlord as the creation of a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month-to-month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Leasetenancy with tenant. The monthly rent payable for such holdover period shall in In no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall holdover be deemed a permitted extension or renewal of the lease term, and nothing contained herein shall be construed to constitute landlord's consent to any holdover hereunder or result to give tenant any right with respect thereto. Except as otherwise specifically provided in a renewal this article XXV, all terms of this Lease or an extension of lease shall remain in full force and effect during the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdoverholdover period. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover.ARTICLE XXVI. (Intentionally Omitted) ARTICLE XXVII. (Intentionally Omitted) ARTICLE XXVIII. (Intentionally Omitted)

Holding Over. If Tenant should remain (directly or through any successor-in-interest of Tenant) remains in possession of all or any portion of the Tenant Space Premises after the expiration of the Term of this Lease (or any earlier termination of this Lease without the consent of Landlord, Tenant's continued possession shall be on the basis of a tenancy at the sufferance of Landlord. In such event, Tenant shall continue to comply with or perform all the terms and obligations of Tenant under this Lease, except that the Monthly Base Rent during Tenant's holding over shall be the greater of the then-fair market rent for the Premises (as reasonably determined by Landlord) or one hundred twenty-five percent (125%) of the Monthly Base Rent payable in the last full month prior to the termination of Tenant’s right hereof (and shall be increased in accordance with Subparagraph 4(b) [Adjustments in Base Rent]). In addition to possess the Rent, Tenant Space), without the execution shall pay Landlord for all damages proximately caused by Landlord and Tenant of a new lease or an extension reason of the Term Tenant's retention of possession. Landlord's acceptance of Rent after such termination shall not constitute a renewal of this Lease, then Tenant and nothing contained in this provision shall be deemed to be occupying waive Landlord's right of re-entry or any other right hereunder or at law. Tenant acknowledges that, in Landlord's marketing and re-leasing efforts for the entire Tenant Space as a tenant-at-sufferancePremises, upon all Landlord is relying on Tenant's vacation of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicablePremises on the Expiration Date. During any such holdover periodAccordingly, Tenant shall pay indemnify, defend and hold Landlord harmless from and against all claims, liabilities, losses, costs, expenses and damages arising or resulting directly or indirectly from Tenant's failure to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent timely surrender the Premises, including (150%i) any loss, cost or damages suffered by, any prospective tenant of all or any part of the Base Rent payable Premises, and (ii) Landlord's damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of all or any portion of the Premises by reason of such failure of Tenant to Landlord during timely surrender the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverPremises.

Holding Over. If Unless Landlord expressly agrees otherwise in writing, if Tenant should remain in shall retain possession of all the Premises or any portion of the Tenant Space part thereof after the expiration of the Term of this Lease (or any earlier termination of this Lease or Lease, Tenant shall be treated as a tenant at sufferance and Tenant's occupancy shall be otherwise on the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord terms and Tenant of a new lease or an extension of the Term of conditions as set forth in this Lease, then as far as applicable, except that Tenant shall be deemed to be occupying the entire Tenant Space pay in lieu of Rent, as a tenant-at-sufferanceuse and occupancy charge, upon all for each calendar day or partial calendar day of holdover an amount equal to the Daily Holdover Rent: provided, however, in the event Landlord so elects by notice to the Tenant at any time during a period of holdover, from and after such notice is effective under the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover periodhereof, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to thirty-one hundred fifty percent (150%31) times the Daily Holdover Rent for each thirty (30) day period or part thereof during which Tenant continues to holdover in the Premises. Tenant shall, in addition, be liable for all damages sustained by Landlord on account of such retention. The foregoing provisions shall not serve as permission for Tenant to hold over, nor serve to extend the Term. Notwithstanding the foregoing, if Tenant notifies Landlord not less than six (6) months prior to the Termination Date that Tenant will hold over and stipulates the length of the Base holdover (not to exceed sixty (60) days), the Tenant shall be permitted to hold over during the stipulated period at a rate per day for the first thirty (30) days of such holdover of 75% of the Daily Holdover Rent payable and of 100% of the Daily Holdover Rent for the next succeeding thirty (30) days but shall not be liable for any other damages of Landlord relating to the holdover for the so stipulated period, but, in all events if the Tenant holds over beyond the stipulated period, the Tenant shall, in addition to liability of the Daily Holdover Rent as set forth above in the first sentence of this Article 15, be liable for all damages sustained by Landlord on account of such retention. The foregoing provisions shall not serve as permission for Tenant to Landlord during the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed hold over except as a penalty or as liquidated damages for such retention of possessionspecifically provided on notice timely given, nor shall such monthly rent be considered serve to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of extend the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover.

Holding Over. If Tenant should remain in acknowledges that possession of all or any portion of the Tenant Space after Land and Improvements must be surrendered to Landlord at the expiration of the Term of this Lease (or any earlier sooner termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term. Tenant agrees to indemnify Landlord against and save Landlord harmless from all costs, claims, loss or liability resulting from the failure or delay by Tenant in so surrendering the Land and Improvements, including, without limitation, any waiver of claims made by any of Landlord’s rights succeeding tenant founded on such failure or remedies with respect delay. The parties recognize and agree that the damage to such holdover. As such, and notwithstanding Landlord resulting from any provision to the contrary contained herein, Landlord expressly reserves the right to require failure by Tenant to surrender possession of the Land and Improvements as required by Section 20.01 above timely as aforesaid may exceed the amount of any Rent theretofore payable hereunder, and will be impossible to measure accurately. Unless Landlord and Tenant Space agree otherwise in writing, if possession of the Land and/or Improvements is not surrendered to Landlord upon the expiration or sooner termination of the Term, then Tenant shall pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Land and/or Improvements after the expiration or sooner termination of the Term, in addition to any sums payable pursuant to the foregoing indemnity, a sum equal to 1.5 times the Prevailing Rent, as pro-rated for the period of the hold over, as reasonably determined by Landlord. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Land and/or Improvements after the expiration or sooner termination of the Term. If Tenant holds over in possession after the expiration or termination of the Term, such holding over shall not be deemed to extend the Term or renew this Lease, but the tenancy shall be from month to month upon the terms and conditions of this Lease at the Prevailing Rent as reasonably determined by Landlord. This provision shall survive the expiration or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverof this Lease.

Holding Over. If Any holding over by Tenant should remain in possession of all or any portion of the Tenant Space after the expiration of the Term term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable except that Tenant shall pay as a use and occupancy charge an amount equal to the greater of (x) for the first ninety (90) days of any such holdover, 150% of the Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the highest rate payable [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. under the terms of this Lease; and thereafter, 200% of the Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the highest rate payable under the terms of this Lease, or (y) the fair market rental value of the Premises, in each case for the period measured from the day on which Tenant’s hold-over commences and terminating on the day on which Tenant vacates the Premises. In addition, Tenant shall save Landlord, its agents and employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages which Landlord may suffer on account of Tenant’s hold-over in the Premises after the expiration or prior termination of the term of this Lease. Nothing in the foregoing nor any other term or provision of this Lease shall be deemed to permit Tenant to retain possession of the Premises or hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be conclusively deemed to be occupying abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the entire Tenant Space as a tenant-at-sufferanceproceeds of such sale and apply the same, upon all at its option against the expenses of the terms contained hereinsale, except as to term the cost of moving and Base Rent and storage, any arrears of rent or other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent charges payable hereunder by Tenant to Landlord during the last month of the Term of and any damages to which Landlord may be entitled under this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or and in equity to evict Tenant and collect damages in connection with any such holdoverequity.

Holding Over. If Any holding over by Tenant should remain in possession of all or any portion after the expiration of the term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable except that Tenant Space shall pay as a use and occupancy charge an amount equal to the greater of (x) 200% of the Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the highest rate payable under the terms of this Lease, or (y) the fair market rental value of the Premises, in each case for the period measured from the day on which Tenant’s hold-over commences and terminating on the day on which Tenant vacates the Premises. In addition, if Tenant holds over in the Premises for a period exceeding thirty (30) days after the expiration of the Term of the Lease, Tenant shall save Landlord, its agents and employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages which Landlord may suffer on account of Tenant’s hold-over in the Premises after the expiration or prior termination of the term of this Lease. Nothing in the foregoing nor any other term or provision of this Lease (shall be deemed to permit Tenant to retain possession of the Premises or any hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be conclusively deemed to be occupying abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the entire Tenant Space as a tenant-at-sufferanceproceeds of such sale and apply the same, upon all at its option against the expenses of the terms contained hereinsale, except as to term the cost of moving and Base Rent and storage, any arrears of rent or other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent charges payable hereunder by Tenant to Landlord during the last month of the Term of and any damages to which Landlord may be entitled under this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or and in equity to evict Tenant and collect damages in connection with any such holdoverequity.

Holding Over. If Tenant should remain in acknowledges that possession of all the Premises must be surrendered to Landlord at the expiration or any portion sooner termination of the term of this Lease. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant Space after to timely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord upon the expiration or sooner termination of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term term of this Lease, then Tenant shall be deemed pay to be occupying Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the entire Tenant Space as a tenant-at-sufferance, upon all Premises after the expiration or sooner termination of the terms contained hereinterm of this Lease, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount sum equal to one hundred fifty percent the higher of (150%a) the then fair market rental value of the Premises, taking into account the effect of all material factors reasonably relevant to such determination, or (b) three (3) times the aggregate of the Base Rent and Additional Rent which was payable by Tenant under this Lease with respect to Landlord during the last month of the Term of this Lease and one hundred percent (100%) term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Additional Rent payable by Tenant to Landlord during Premises after the last month expiration or sooner termination of the Term term of this Lease. The monthly rent payable for If Tenant holds over in possession after the expiration or termination of the term of the Lease, such holdover period holding over shall in no event not be construed deemed to extend the term or renew this Lease, but the tenancy thereafter shall continue as a penalty or tenancy from month to month upon the terms and conditions of this Lease at the Rent as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possessionherein increased. Neither any provision hereof nor any acceptance by Landlord Tenant hereby waives the benefit of any rent after any such law or statute in effect in the state where the Premises is located which would contravene or limit the provisions set forth in this Section 16.2. This provision shall survive the expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverLease.

Holding Over. If Tenant should remain in retains possession of all or any portion of the Tenant Space Premises after the termination or expiration of the Term Lease Term, then Tenant shall, at Landlord’s election become a tenant at sufferance (and not a tenant at will), such possession shall be subject to immediate termination by Landlord at any time, and all of the other terms and provisions of this Lease (excluding any expansion or renewal option or other similar right or option) shall be applicable during such holdover period, except that in addition to any earlier other rights or remedies Landlord may have hereunder or at law, for each day during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a holdover charge, computed on a monthly Base Rent in basis for each month or part thereof during such holding over, as follows: (a) for the first thirty (30) days of said holdover period, an amount equal to one hundred fifty percent (150%) of the Base Rent in effect on the termination or expiration date; and (b) if such holdover continues for more than thirty (30) days after the Expiration Date or sooner termination of this Lease, an amount equal to 200% of the Base Rent and Additional Rent payable by Tenant to Landlord during under this Lease for the last full calendar month of the Term of this Lease and one hundred percent Term. In addition, if such holdover continues for more than thirty (100%30) of days after the Additional Rent payable by Tenant to Landlord during the last month of the Term Expiration Date or sooner termination of this Lease, Tenant shall indemnify and hold harmless Landlord for all claims, liabilities, obligations and damages incurred by Landlord arising out of or resulting from such holding over. The monthly rent payable for such holdover period No holding over by Tenant, whether with or without consent of Landlord, shall in no event operate to extend this Lease except as otherwise expressly provided, and this Paragraph 19(f) shall not be construed as a penalty or as liquidated damages consent for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender retain possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverPremises.

Holding Over. If Tenant should remain in will not be permitted to hold over possession of all or any portion of the Tenant Space Premises after the expiration or earlier termination of the Term without the express written consent of this Lease (Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or any earlier termination of this Lease or the termination of Tenant’s right Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension all of the Term terms, covenants and conditions of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space so far as a tenant-at-sufferance, upon all of the terms contained hereinapplicable, except as to term and that the Monthly Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During for any such holdover period, Tenant period shall pay to Landlord a monthly be (i) the same Monthly Base Rent in an amount equal effect under this Lease immediately prior to such holdover during the first ninety (90) days of holdover, and (ii) thereafter one hundred fifty percent (150%) of the Monthly Base Rent payable in effect under this Lease immediately prior to such holdover. Notwithstanding anything in this Lease to the contrary, Tenant shall not be liable for any consequential, punitive or other damages caused by the first ninety (90) days of any holdover, but if Tenant fails to Landlord during surrender the last month of Premises within ninety (90) days after the Term expiration of this Lease and one hundred percent (100%) of in accordance with the Additional Rent payable by Tenant to Landlord during the last month of the Term terms of this LeaseSection 10(b) despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant's failure to surrender the Premises. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention provisions of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such this Section 10(b) will survive the expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverLease.

Holding Over. If In the event of holding over by Tenant should remain in possession of with respect to all or any portion of the Tenant Space Leased Premises after the expiration or termination of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space)Agreement, without the execution by such holding over shall constitute a tenancy at sufferance relationship between Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon and all of the terms contained hereinand provisions of this Lease Agreement shall be applicable during such period, except that as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover periodmonthly rental, Tenant shall pay to Landlord a monthly Base Rent in for each month (or any portion thereof) during the period of such hold over an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant for the month immediately preceding the holdover period. The rental payable during such hold over period shall be payable to Landlord during on demand. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease Agreement except as herein provided. In the last month event of any unauthorized holding over, Tenant shall also indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Parties against all claims for damages against the Landlord Parties as a result of Tenant’s possession of the Term Leased Premises, including, without limitation, claims for damages by any other party to which Landlord may have leased, or entered into an agreement to lease, all or any part of the Leased Premises effective upon the termination of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this LeaseAgreement. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possessionIN NO EVENT SHALL THE TENANT PARTIES BE LIABLE FOR, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the TermAND LANDLORD HEREBY WAIVES ANY CLAIM FOR, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As suchANY INDIRECT, and notwithstanding any provision to the contrary contained hereinCONSEQUENTIAL, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverEXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR BUSINESS OPPORTUNITY, ARISING UNDER OR IN CONNECTION WITH THIS SECTION 26.

Holding Over. If In the event Tenant should remain in or any party under Tenant claiming rights to this Lease, retains possession of all or any portion of the Tenant Space Premises after the expiration or earlier termination of this Lease, such possession shall constitute and be construed as a tenancy at will only, subject, however, to all of the Term terms, provisions, covenants and agreements on the pan of Tenant hereunder; such parties shall be subject to immediate eviction and removal and Tenant or any such party shall pay Landlord as rent for the period of such holdover an amount equal to the greater of (i) one and one-half (1.5) times the Basic Annual Rent and Additional Rent (as hereinafter defined) in effect immediately preceding expiration or termination, as applicable, prorated on a daily basis or (ii) the then prevailing market rental rate, prorated on a daily basis. Landlord and Tenant agree that they have included the foregoing provision for liquidated damages because the actual damages to be incurred by Landlord can reasonably be expected to approximate the amount of liquidated damages called for herein and because the actual amount of such damages would be difficult if not impossible to measure accurately. Tenant shall also pay and agrees to indemnify and hold Landlord harmless from any and all damages sustained by Landlord as a result of such holdover. The rent during such holdover period shall be payable to Landlord in accordance with the provisions of Article 2. Tenant will vacate the Premises and deliver same to Landlord within fourteen (14) days after Landlord's delivery of written notice to Tenant to vacate the Premises. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend the term of this Lease (Lease; no payments of money by Tenant to Landlord after the expiration or any earlier termination of this Lease shall reinstate, continue or extend the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term ; and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term no extension of this Lease and one hundred percent (100%) of after the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination thereof shall be deemed a consent valid unless and until the same shall be reduced to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, writing and notwithstanding any provision to the contrary contained herein, signed by both Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverTenant.

Holding Over. If Tenant should remain in possession of all or any portion acknowledges that it is extremely important that Landlord have substantial advance notice of the date on which Tenant Space after will vacate the Leased Premises, both because Landlord will require an extensive period to locate a replacement tenant and because Landlord will plan its entire leasing and renovation program for the Building in reliance on the expiration dates for leases of space in the Building. Tenant also acknowledges that if Tenant fails to surrender the Leased Premises at the expiration or termination of the Term Term, it will be conclusively presumed that the value to Tenant of this Lease (or any earlier termination of this Lease or remaining in possession, and the termination of Tenant’s right to possess the Tenant Space), without the execution loss that will be suffered by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferanceresult thereof, upon all far exceed the amount of the terms contained herein, except as to term and Annual Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any Additional Rent that would have been payable had the Term continued during such holdover period. Therefore, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to the greater of (a) fair market rent for the Leased Premises, as reasonably determined by Landlord, or (b) one hundred fifty percent (150%) of the monthly installment of Annual Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and one hundred fifty percent (100150%) of one-twelfth (1/12) of the Additional Rent payable paid by Tenant to Landlord during the last month of the Term of this Leaseprevious calendar year. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination Such amount shall be deemed a consent to any holdover hereunder paid on the first day of each month or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require portion thereof for which Tenant to surrender shall retain possession of the Tenant Space upon Leased Premises or any part thereof after the expiration of the Term of this Lease or upon the earlier termination hereof of this Lease, whether by lapse of time or at otherwise. Tenant also shall pay all costs incurred and damages sustained by Landlord, whether direct or consequential, on account of such holding over. Landlord agrees to use reasonable efforts to minimize any time during such consequential damages, but in no event shall Landlord be obligated to expend any holdover and the right to assert sum or incur any remedy at law or in equity to evict Tenant and collect damages cost in connection with such efforts. The provisions of this Paragraph 18 shall not be deemed to limit or constitute a waiver or any such holdoverother fights or remedies of Landlord provided herein or at law.

Holding Over. If Tenant should remain retains possession of any part of the Premises after the end of the Term or termination of Tenant’s right to possession of the Premises (it being agreed that Tenant’s failure to timely remove Tenant’s Property or the Required Removables from the Premises shall also be considered a retention of the Premises by Tenant), then such retention of possession shall be considered a tenancy “at will” or “sufferance” (and not a month-to-month tenancy) for the entire Premises, and Tenant shall pay Rent during such holding over at a rate equal to 125% of the rate used to calculate gross monthly Rent in effect under this Lease immediately preceding such holding over for the first 30 days of such holdover, and thereafter at a rate equal to 150% of the rate used to calculate gross monthly Rent in effect under this Lease immediately preceding such holding over, computed on a weekly basis for each week or partial week that Tenant remains in possession. In addition to the payment of the amounts provided above, if such holdover extends beyond sixty (60) days and Landlord is unable to timely deliver possession of any part of the Premises to a new tenant as a result of Tenant’s holdover then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages that Landlord suffers from the holdover. The provisions of this Section 18 do not waive Landlord’s right of re-entry or right to regain possession by actions at Law or in equity or any other rights hereunder, and any receipt of payment by Landlord shall not be deemed a consent by Landlord to Tenant’s remaining in possession or be construed as creating or renewing any lease or right of all or any portion tenancy between Landlord and Tenant. Notwithstanding anything herein to the contrary, pursuant to Section 91.001(c) of the Texas Property Code, Landlord and Tenant Space specifically agree that no notice to terminate Tenant’s tenancy hereunder will be required from and after the expiration of the Term of this Lease (under Section 91.001 or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension Section 24.005 of the Term of this Lease, then Tenant shall be deemed to be occupying Texas Property Code before Landlord files a forcible detainer suit on grounds that the entire Tenant Space as a tenant-at-sufferance, upon all tenant is holding over beyond the end of the terms contained herein, except as to rental term and Base Rent or renewal period (if any) hereof; and any other provision reasonably determined sublease hereunder shall not be approved unless it also contains a specific comparable waiver by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoversubtenant thereunder.

Holding Over. If the Tenant should remain in possession of all or any portion person or entity claiming by or under Tenant remains in occupancy of the Tenant Space after Premises or any part thereof beyond the expiration of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then such holding over shall be without right and a tenancy at sufferance, and Tenant shall be deemed liable to be occupying the entire Tenant Space Landlord for any loss or damage incurred by Landlord as a tenant-at-sufferanceresult thereof, upon all of the terms contained hereinincluding consequential damages. In addition, except as to term and Base Rent and for each month or any other provision reasonably determined by Landlord to be inapplicable. During any part thereof that such holdover periodholding over continues, Tenant shall pay to Landlord a monthly Base Rent in an amount fee for the use and occupancy of the Premises equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant for the month immediately preceding such hold over, and there shall be a pro-rata adjustment for any partial month. In addition to Landlord during the last month payment of the Term amounts provided above, if Landlord is unable to deliver possession of the Premises to a new tenant, or to perform improvements for a new tenant, as a result of Tenant's holdover, TENANT SHALL BE LIABLE TO LANDLORD FOR, AND SHALL PROTECT LANDLORD FROM AND INDEMNIFY AND DEFEND LANDLORD AGAINST, ALL LOSSES AND DAMAGES, INCLUDING ANY CLAIMS MADE BY ANY SUCCEEDING TENANT RESULTING FROM SUCH FAILURE TO VACATE, AND ANY CONSEQUENTIAL DAMAGES THAT LANDLORD SUFFERS FROM ANY HOLDOVER THAT EXTENDS BEYOND THE DATE THE TERM EXPIRES OR IS OTHERWISE TERMINATED. The provisions of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period Section shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall not be deemed a consent to any holdover hereunder limit or result in a renewal of this Lease or an extension of the Term, or any waiver of exclude any of Landlord’s 's rights of re-entry or remedies with respect any other right granted to such holdover. As suchLandlord hereunder, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverequity.

Holding Over. If Tenant should remain in possession of all or any portion of the Tenant Space holds over after the expiration of the Lease Term of this Lease (or any earlier termination of this Lease thereof, with or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord express or implied consent of Landlord, such tenancy shall be from month-to-month only, and Tenant of shall not constitute a new lease renewal hereof or an extension for any further term, and in such case Rent shall be payable at a monthly rate equal to one hundred and fifty percent (150%) of the Rent applicable during the last rental period of the Lease Term of under this Lease, then Tenant . Such month-to-month tenancy shall be deemed subject to be occupying the entire Tenant Space as a tenant-at-sufferanceevery other applicable term, upon all of the terms covenant and agreement contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover periodNotwithstanding the foregoing, Tenant shall pay have the one-time right, upon notice (the “Holdover Notice”) to Landlord not less than twelve (12) months prior to the expiration of the then Lease Term, to extend the Lease Term for a monthly Base period of up to two (2) months (the “Permitted Holdover Term”), in which case the Rent in an amount payable by Tenant during such Permitted Holdover Term shall equal to one hundred twenty-five percent (125%) of the Rent applicable during the last rental period of the Lease Term under this Lease for the first (1st) month of such Permitted Holdover Term and one hundred fifty percent (150%) for the second (2nd) months of the Base Rent payable by Tenant to Landlord during the last month of the Term of such Permitted Holdover Term. Nothing contained in this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover period Article 16 shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance consent by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As suchholding over by Tenant, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space 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 Term foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom; , provided Landlord promptly notified Tenant in writing of this Lease any lease or upon signed letter of intent for all or any portion of the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverPremises.

Holding Over. If In the event of holding over by Tenant should remain in possession of all or any portion of the Tenant Space after the expiration of the Term of this Lease (------------ or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), without the execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant the hold over shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon Tenant at will and all of the terms contained hereinand provisions of this Lease shall be applicable during that period, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, that Tenant shall pay to Landlord a monthly Base Rent in as rental for the period of such hold over an amount equal to one hundred fifty percent (150%) of double the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for such holdover the month immediately preceding said holding over, computed on a month to month basis (without reduction for any partial months). Xxxxxx agrees to vacate and deliver the Premises to Landlord upon Xxxxxx's receipt of notice from Landlord to vacate. The rental payable during the hold over period shall in no event be construed payable to Landlord on demand. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except Landlord shall have option to elect to treat such hold over as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease for one (1) year on all terms and conditions herein, which election may be exercised by Landlord at any time from time to time during a hold over by giving written notice thereof to Tenant. The provisions of this Paragraph 28 shall not be deemed to limit or an extension of the Term, or any waiver of exclude any of Landlord’s 's rights of re-entry or remedies with respect any other right or remedy granted to such holdoverLandlord hereunder or by law. As such, and notwithstanding any provision to In the contrary contained herein, Landlord expressly reserves the right to require event Tenant fails to surrender possession of the Tenant Space Premises upon the termination or expiration of the Term of this Lease or upon such month-to-month tenancy, then Tenant shall indemnify Landlord against all loss, cost, expenses or liability resulting from any delay of Tenant in not surrendering the earlier termination hereof Premises, including, but not limited to, any amounts required to be paid to third parties who were to have occupied the Premises and any attorney's fees or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdoverbroker's commissions related thereto.

Holding Over. If 24.1 Tenant should remain in possession of all or any portion shall, at the expiration of the Term, promptly quit and surrender the Premises in good order and condition and in conformity with the applicable provisions of this Lease, excepting only reasonable wear and tear, damage by fire or other casualty, condemnation and unperformed obligations of Landlord. Tenant Space after shall have no right to hold over beyond the expiration of the Term and in the event Tenant shall fail to deliver possession of this Lease (the Premises as herein provided, such occupancy shall not be construed to effect or any earlier termination of this Lease or constitute other than a tenancy at sufferance and Landlord shall be entitled to recover from Tenant damages to compensate Landlord for the termination of Tenant’s right to possess the Tenant Space), without the execution losses suffered by Landlord as a result of such holding over and Tenant compensation for such use and occupancy as set forth below; such damages hereby expressly exclude consequential, punitive or special damages but the parties hereby agree that damages incurred by Landlord due to the loss of a new lease or an extension for the Premises with another tenant due to Tenant’s holdover shall not be considered consequential damages). During any period of occupancy beyond the expiration of the Term the amount of this Lease, then Minimum Rent owed to Landlord by Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to automatically become one hundred fifty and twenty-five percent (150125%) of the Base sum of the Minimum Rent payable by Tenant to Landlord during as those sums are at that time calculated under the provisions of the Lease for the last month of the Term Term. The acceptance of this Lease and one hundred percent (100%) rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the Additional Rent payable by Tenant to Landlord during the last month expiration or sooner termination of the Term of this Lease. The monthly rent payable for shall not create any tenancy rights in Tenant and any such holdover period shall in no event payments by Tenant may be construed applied by Landlord against its costs and expenses, including reasonable attorney's fees, incurred by Landlord as a penalty or as liquidated damages for such retention result of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover.