Common use of Holding Over Clause in Contracts

Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. If Tenant will not be permitted to hold over retains possession of the Premises after the expiration or earlier termination of the Term without or Tenant’s right to possession of the express written Premises, Tenant shall pay Base Rent during such holding over at double the rate in effect immediately preceding such holding over computed on a monthly basis for each month or partial month that Tenant remains in possession (the “Holdover Rent”) together with Adjustment Rent; provided that , Tenant shall be permitted access to the Premises for fifteen (15) days after an early termination of the Lease (“Property Removal Period) in order to remove its furniture, equipment, trade fixtures and other items of personal property from the Premises and such presence on the Premises shall not be deemed to be “holding over” as described in this Section so as to require the payment of Holdover Rent. Notwithstanding the foregoing, Tenant shall pay Base Rent for the Property Removal Period, which Base Rent shall be equal to the amount of Base Rent required to be paid by Tenant in the month in which the termination of the Lease occurred, together with Adjustment Rent. If Tenant shall, with consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds hold over after the expiration or earlier termination of the TermTerm or Tenant’s right to possession of the Premises then, in either such event, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of a month-to-month tenant on the terms, covenants and conditions of this Lease, so far same terms as applicableherein provided, except that beginning on the date that is thirty (30) days after Tenant shall pay Landlord the holdover period has commenced, the Monthly Holdover Rent in lieu of Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Leasetogether with Adjustment Rent. The foregoing provisions of this Paragraph 11 are in addition to and Section do not affect 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 Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal fees and costs), including, without limitation, costs and expenses incurred payment by Landlord in returning the Premises shall not be deemed a consent by Landlord 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 provisions remaining in possession or be construed as creating or renewing any lease or right of this Subparagraph 11(b) will survive the expiration or earlier termination of this Leasetenancy between Landlord and Tenant.

Holding Over. If Tenant will not be permitted fails to hold over deliver possession of the Premises after on the expiration or earlier termination of the Term without the express written consent of LandlordTermination Date, which consent Landlord may withhold in its sole and absolute discretion. If Tenant but holds over after the expiration or earlier termination of this Lease without the Termexpress prior written consent of Landlord, Landlord may, at its option, treat Tenant such tenancy shall be construed as a tenant at sufferance only, tenancy from month-to-month on the same terms and such continued occupancy conditions as are contained herein except that the Fixed Monthly Rent payable by Tenant shall be subject to all of during the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is first thirty (30) days after of holding over (the holdover period has commenced“Initial Holdover Period”) shall automatically increase as of the Termination Date to 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 (the “Holdover Rent”). After the expiration of the Initial Holdover Period, the Monthly Base Holdover Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Fixed Monthly Base Rent in effect under this Lease payable by Tenant for the calendar month immediately prior to the date when Tenant commenced such holdover, holding over. During any period of holding over Tenant shall be obligated to pay Holdover Rent for a full calendar month whether or (ii) not Tenant remains in possession of the then current fair market rental rate Premises for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated entire calendar month and a minimum of a full month’s worth of holdover rent there shall be dueno pro-rata apportionment of Holdover Rent. Tenant’s payment of such Holdover Rent, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance and Landlord’s acceptance thereof, shall not constitute a waiver by Landlord of rent after such expiration or earlier termination will not result in a renewal any of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right rights or remedies with respect to such holding over, nor shall it be deemed to be a consent by Landlord to Tenant’s continued occupancy or possession of re-entry or any rights the Premises past the time period covered by Tenant’s payment of Landlord under this Lease or as otherwise provided by lawthe Holdover Rent. If Furthermore, if Tenant fails to surrender the Premises upon the expiration deliver possession of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive Landlord upon the expiration or earlier termination of this Lease, and Landlord has provided Tenant with not less than sixty (60) days prior written notice that Landlord requires possession of the 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 Tenant’s failure to so surrender, and any lost profits to Landlord resulting therefrom. Notwithstanding the provisions contained hereinabove regarding Tenant’s liability for a continuing holdover, Landlord agrees to use commercially reasonable efforts to insert into any future lease of another tenant proposing to occupy the Premises provisions similar to those contained in Section 2.1, permitting mitigation of Tenant’s damages arising out of Tenant’s temporary holdover.

Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold Except as otherwise provided in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on Tenant shall vacate the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises Property upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease. Tenant shall reimburse Landlord for and indemnify Landlord against all damages which Landlord incurs from Tenant's delay in vacating the Property. If Tenant remains in possesxxxx xf the premises after expiration or earlier termination of this Lease with Landlord's express written consent, Tenant's occupancy shall be a month-to-month tenancy at a rent agreex xx xy Landlord and Tenant, but in no event less than the Base Rent and Additional Rent payable under this Lease during the last full month before the date of expiration or earlier termination of this Lease. The month-to-month tenancy shall be on the terms and conditions of this Lease except those terms and conditions dealing with the length of the Term and Options to extend. Landlord's acceptance of rent after such holding over with Landlord'x xxxxxxn consent shall not result in any other tenancy or xx x xxxewal of the original term of this Lease. If Tenant remains in possession of the premises after expiration or earlier termination of this Lease without Landlord's consent, Tenant's continued possession shall be on the basis of a tenancy at xxxxxxance and Tenant shall pay as rent during the holdover period an amount equal to one hundred twenty five percent (125%) of the Base Rent and Additional Rent payable under this Lease for the last full month before the date of expiration or termination. ARTICLE THREE: BASE RENT Section 3.01.

Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, provides Landlord may, with written notice ("HOLDOVER NOTICE") at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is least thirty (30) days prior to expiration of the Lease Term (or any applicable Extension Term) that Tenant will be holding over in the Premises, Tenant shall have the right (and, subject to the grace periods described below, the obligation) to hold over after the expiration of the Lease Term until the date ("HOLDOVER NOTICE DATE") specified in such Holdover Notice (but not in excess of one hundred twenty (120) days after the expiration of the Lease Term or applicable Extension Term). Any holdover period has commencedtenancy (including without limitation, any holdover tenancy pursuant to a Holdover Notice) shall be subject to every applicable term, covenant and agreement contained herein, except that the Monthly Base Rent payable by Tenant for any the Premises (irrespective of the amount of space Tenant continues to occupy in the Building) shall be escalated to equal one hundred ten percent (110%) of the then current Base Rent and Direct Expenses payments for the entire Premises for the first ninety (90) days of such holdover period occupancy and one hundred twenty-five percent (125%) of such amount during the next succeeding ninety (90) days and from and after such one hundred eighty (180) day period, Rent shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basisamount thereafter; provided, however, subject to the next sentence of this Article 16, such holdover rent for the first thirty (30) days of the holdover will not Rent and Additional Rent shall be prorated on a per diem basis through and a minimum of a full month’s worth of holdover rent shall be due, whether including the date ("ACTUAL SURRENDER DATE") Tenant holds over one (1) day or all thirty (30) days. Acceptance by actually vacates and surrenders the Premises to Landlord of rent after such expiration or earlier termination will not result in a renewal of the condition required under this Lease. If Tenant properly delivers the Holdover Notice and the Actual Surrender Date (a) is earlier than the Holdover Notice Date by forty-five (45) days or less, Tenant's obligation to pay such holdover Rent and Additional Rent shall terminate on a per diem basis as of the Actual Surrender Date, however if the Actual Surrender Date is earlier than forty-five (45) days prior to the Holdover Notice Date, Tenant's holdover Rent and Additional Rent shall cease as of the date which is forty-five (45) days prior to the Holdover Notice Date, or (b) is later than the Holdover Notice Date, Tenant's obligation to pay holdover Rent and Additional Rent shall cease as of the Actual Surrender Date, provided that Tenant shall have no right to holdover beyond the earlier to occur of fifteen (15) days after the Holdover Notice Date or the expiration of the one hundred twenty (120) period specified in the first sentence of this Article 16 above. By way of example only, and not as a limitation upon the foregoing, if the Holdover Notice indicates that the Holdover Notice Date is ninety (90) days after the expiration of the Lease Term or applicable Extension Term, Tenant shall be permitted to holdover until the date which is one hundred five (105) days after the expiration of the Lease Term or applicable Extension Term and Tenant's obligation to pay holdover Rent and Additional Rent shall be prorated on a per diem basis until the later of the forty-fifth (45th) day after the expiration of the Lease Term or applicable Extension Term or the Actual Surrender Date. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant (except as expressly provided in this Article 16 above), and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration of the Lease Term (or the period specified in clause 16(b) above, as applicable). The foregoing provisions of this Paragraph 11 are in addition Article 16 shall not be deemed to and do not affect Landlord’s right limit or constitute a waiver of re-entry any other rights or any rights remedies of Landlord under this Lease provided herein or as otherwise provided by at law. If Tenant fails to surrender the Premises upon within the expiration of period specified in this Lease Article 16 above, in accordance with the terms of this Paragraph 11 despite demand addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant agrees to promptly indemnify, shall protect, defend defend, indemnify and hold Landlord harmless from all claimsloss, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees reasonable attorneys' fees) and costs)liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and any claims made by any succeeding tenant founded on or resulting from Tenant’s upon such failure to surrender PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] (including such tenant's lost profits) and any lost profits to Landlord resulting therefrom, provided Landlord promptly notified Tenant in writing of any lease or signed letter of intent for all or any portion of the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. In the case of any holding over or possession by Tenant will not after the Lease Expiration Date without the Approval of Landlord, Tenant shall be permitted a tenant from month to month and shall pay Landlord as Percentage Rent an amount per month equal to one and a half times (1.5X) the highest month’s Rent paid during the Term as adjusted on the first day of each Lease Year during the Term by the CPI Increase. Further, in the event Tenant shall hold over beyond the Lease Expiration Date and any date for surrender of the Leased Premises set forth in Landlord’s written Notice demanding possession thereof given following the Lease Expiration Date, Tenant shall reimburse Landlord for all actual reasonable expenses and losses incurred by Landlord by reason of Landlord’s inability to deliver possession of the Leased Premises after to a successor tenant free and clear of the expiration or earlier termination possession of Tenant, together with interest on such expenses at the Default Rate from the date such expenses are incurred until reimbursed by Xxxxxx, together with Xxxxxxxx’s reasonable attorneys’ fees, charges and costs. The acceptance of Rent under this Section 22.3 by Landlord shall not constitute an extension of the Term of this Lease or afford Tenant any right to possession of the Leased Premises beyond any date through which such Rent shall have been paid by Xxxxxx and accepted by Landlord. Such Rent shall be due to Landlord for the period of such holding over, whether or not Landlord is seeking to evict Tenant; and, unless Landlord otherwise then agrees in writing, such holding over shall be, and shall be deemed and construed to be, without the express written consent Approval of Landlord, which consent whether or not Landlord may withhold has accepted any sum due pursuant to this Section 22.3. Notwithstanding the foregoing to the contrary, in its sole and absolute discretion. If the event Tenant holds over after beyond the expiration or earlier termination of the TermLease Expiration Date, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant holding over shall be subject to all an Event of the terms, covenants Default and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period Landlord shall be increased entitled to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent execute its remedies as provided in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. In the event of holding over by Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier other termination of the Term this Lease without the express prior written consent of LandlordLandlord (and Landlord shall be under no duty to provide such consent), which consent Landlord may withhold in its sole then (i) such possession shall be an unlawful detainer, (ii) no tenancy or interest shall result from such possession, (iii) any options to renew, options to expand, and/or any rights of first refusal under this Lease shall be terminated to the extent such rights and absolute discretion. If Tenant holds over after options have not been properly exercised pursuant to the expiration or earlier termination terms of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance onlythis Lease, and such continued occupancy by (iv) Tenant shall be subject to all of immediate eviction and removal. Tenant shall, throughout the termsentire holdover periods, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be pay rent equal to the greater of (i) one hundred fifty percent (150150.0%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or Rental plus (ii) any and all Additional Rent (including, without limitation Monthly Tax Payments) and other charges which would have been applicable had the then current Term of this Lease continued through the period of such holding over by Tenant; Landlord and Tenant hereby agree in advance that such rent is a fair market rental rate for such tenancy. No holding over by Tenant after the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days expiration of the holdover will not be prorated and a minimum Term of a full month’s worth of holdover rent this Lease shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal construed to extend the Term of this Lease; and in the event of any holding over, Tenant shall indemnify Landlord against all claims for damages by any other Tenant or prospective Tenant to whom Landlord may have leased all or any part of the Premises effective before or after the expiration of the Term of this Lease, resulting from delay by Landlord in delivering possession of all or any part of the Premises. The foregoing Notwithstanding any discussions or negotiations of any nature then pending between Landlord and Tenant, any holding over, with or without the consent of Landlord, if any, shall thereafter constitute a tenancy from month-to-month, under the terms and provisions of this Paragraph 11 are Lease to the extent applicable to a tenancy from month-to-month unless and until Landlord and Tenant, in addition each of their sole and absolute discretion, and with no obligation to do so, enter into a specific written agreement to the contrary. Notwithstanding anything herein to the contrary, pursuant to Section 91.001(c) of the Texas Property Code, Landlord and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails specifically agree that no notice to surrender the Premises upon terminate Tenant's tenancy hereunder will be required from and after the expiration of the Term of this Lease in accordance with under Section 91.001 or Section 24.005 of the terms Texas Property Code before Landlord files a forcible detainer suit on grounds that the tenant is holding over beyond the end of this Paragraph 11 despite demand to do so the rental term or renewal period (if any) hereof; and any sublease hereunder shall not be approved unless it also contains a specific comparable waiver 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 legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Leasesubtenant thereunder.

Holding Over. If Landlord agrees in writing that Tenant will not be permitted to may hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of this Lease, unless the Termparties hereto otherwise agree in writing as to the terms of such holding over, the holdover tenancy shall be subject to termination by Landlord mayor Tenant at any time upon not less than thirty (30) days' prior written notice. If Tenant holds over without the consent of Landlord, at its option, treat Tenant as the same shall be a tenant tenancy at sufferance only, which shall be terminable by Landlord at any time and such continued occupancy by (a) if Tenant shall fail to surrender and deliver to Landlord possession of the Premises in accordance with the terms of this Lease on or before the date on which this Lease shall terminate or expire, Tenant shall be subject liable to Landlord for any and all actual damages incurred by Landlord (and shall reimburse Landlord for all of Landlord's actual costs and expenses (including, without limitation, for attorney's fees) in connection with Tenant's failure to surrender the termsPremises in accordance with the terms of this Lease on or before the date on which this Lease shall terminate or expire, covenants and conditions (b) if Tenant shall fail to surrender and deliver to Landlord possession of the Premises in accordance with the terms of this Lease on or before the date that is ninety (90) days following the termination or expiration of this Lease, so far as applicableTenant shall additionally indemnify, except that beginning 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 by reason of Tenant's failure to surrender the Premises on or before the date that is thirty ninety (3090) days after following the termination or expiration of this Lease. All of the other terms and provisions of this Lease shall be applicable during any holdover period has commencedperiod, the Monthly Base with or without consent, except that Tenant shall pay to Landlord from time to time upon demand, as Rent for the period of any such holdover period shall be increased to be without Landlord's consent, an amount equal to the greater of (i) one hundred fifty percent (150%) of the Monthly then applicable Base Rent plus one hundred percent (100%) of all Additional Rent in effect under this Lease immediately prior to such holdoveron the termination date, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated computed on a monthly basis; provided, however, holdover rent daily basis for the first thirty (30) days each day of the holdover will not be prorated and a minimum period. Except to the extent expressly provided in the first sentence of a full month’s worth of holdover rent shall be duethis Paragraph 16.2, no holding over by Tenant, whether Tenant holds over one (1) day with or all thirty (30) days. Acceptance by Landlord without consent of rent after such expiration or earlier termination will not result in a renewal of Landlord, shall operate to extend this Lease. The foregoing preceding provisions of this Paragraph 11 are in addition 16.2 shall not be construed as Landlord's consent to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided holding over by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. In the event Tenant will not be permitted or any party under Tenant claiming rights to hold over 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 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 one and one-half (1.5) times the Basic Annual Rent in effect immediately preceding expiration or termination, as applicable, prorated on a daily basis. Tenant shall also pay 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 the express written consent of Landlord, which consent shall operate to extend the term of this Lease; no payments of money by Tenant to Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of this Lease shall reinstate, continue or extend the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions term of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration no extension of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive after the expiration or earlier termination thereof shall be 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 this Leasea forcible detainer suit. In addition, Tenant agrees that Landlord shall be entitled to the payment of its reasonable legal fees and administrative expenses in the event that Landlord prevails in a forcible detainer action brought by Landlord.

Holding Over. Tenant will not be permitted shall have no right to hold over holdover or retain possession of any portion of the Premises after the expiration or earlier sooner termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretionthis Lease. If Tenant holds over after the expiration or earlier termination of the Termterm hereof, Landlord maywith the express consent of Landlord, at its optionTenant shall become and be only a month-to-month tenant, treat or without the express consent of Landlord, Tenant as shall become and be only a tenant at sufferance onlysufferance. In either event, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any pay rent during such holdover period shall be increased to be equal to the greater of the then prevailing market rate being charged by the Landlord at the Project or (iA) 120% in first three months, and (B) thereafter one hundred fifty percent (150%) ), of the Monthly Base Basic Annual Rent in effect under this Lease payable by Tenant immediately prior to such holdoverexpiration or termination, or (ii) and otherwise upon the then current fair market rental rate for the Premisesterms, covenants and conditions herein specified, so far as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) daysapplicable. Acceptance Neither any provision hereof nor acceptance by Landlord of rent Rent after such expiration or earlier termination will not shall be deemed a consent to a holdover hereunder or result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by lawan extension of the term. If Notwithstanding any provision to the contrary contained herein, (i) Landlord expressly reserves the right to require Tenant fails to surrender possession of the Premises upon the expiration of the term of this Lease or upon the earlier termination hereof, the right to reenter the Premises, and the right to assert any remedy at law or in equity to evict Tenant and/or collect damages in connection with any such holding over, and (ii) Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without Limitation, attorneys' fees incurred or suffered by Landlord by reason of Tenant's failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(bLease; provided however, Tenant shall not be required to indemnify Landlord for any consequential damages arising from first three (3) will survive months of Tenants holdover of the Premises after the expiration or earlier sooner termination of this LeaseLease if such holdover is with Landlord's express written consent.

Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the TermTerm hereof, Landlord maywith or without the express or implied consent of Landlord, at its option, treat Tenant as shall become and be only a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be at a daily rent equal to one-thirtieth of the greater of (ia) the then prevailing monthly fair market rental rate as determined by Landlord in its sole and absolute discretion, or (b) one hundred fifty percent (150%) of the Monthly monthly installment of Base Rent in effect (and estimated Additional Rent payable under this Lease Paragraph 3.2) payable by Tenant immediately prior to such holdoverexpiration or termination which rate shall be applicable during the first two (2) months of Tenant's holding over and two hundred percent (200%) of the monthly installment of Base Rent (and estimated Additional Rent payable under Paragraph 3.2) payable by Tenant immediately prior to such expiration or termination which rate shall be applicable thereafter, or (ii) and otherwise upon the then current fair market rental rate for the Premisesterms, covenants and conditions herein specified, so far as applicable, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance Neither any provision hereof nor any acceptance by Landlord of rent any Rent after any such expiration or earlier termination will not (including, without limitation, through any "lockbox") shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease. The foregoing provisions Lease or an extension of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry the Term, or any waiver of any of Landlord's rights of or remedies with respect to such holdover. Notwithstanding any provision to the contrary contained herein, (i) Landlord under this Lease or as otherwise provided by law. If expressly reserves the right to require Tenant fails to surrender possession of the Premises upon the expiration of the Term 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, and (ii) Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, obligations, penalties, costs and expenses, 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 by reason of Tenant's failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. Unless Landlord expressly consents in writing to Tenant's holding over, Tenant will shall be only a Tenant at sufferance, whether or not be permitted to hold Landlord accepts any rent from Tenant or any other person while Tenant is holding over without Landlord's written consent. If Tenant shall retain possession of the Premises after or any portion thereof without Landlord's consent following the expiration of this Lease or earlier sooner termination of the Term without the express written consent of Landlordfor any reason, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by then Tenant shall be subject pay to all Landlord for each day of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) retention one hundred fifty percent (150%) the amount of daily rental as of the Monthly Base Rent in effect under this Lease immediately last month prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days date of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Leasetermination. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly shall also indemnify, protectdefend, defend protect and hold Landlord harmless from all claimsany loss, damagesliability or cost, judgmentsincluding reasonable attorneys' fees, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees and costs)resulting from delay by Tenant in surrendering the Premises, including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and any claims made by any the succeeding tenant founded on such delay. Acceptance of Rent by Landlord following expiration or resulting from earlier termination shall not constitute a renewal of this Lease, and nothing contained in this Paragraph 25 shall waive Landlord's right of reentry or any other right. Additionally, in the event that upon expiration or earlier termination of this Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant’s failure 's sole cost and expense, and any time required by Landlord to surrender complete such obligations shall be considered a period of holding over and the Premisesterms of this Paragraph 25 shall apply. The provisions of this Subparagraph 11(b) will Paragraph 25 shall survive the any expiration or earlier termination of this Lease.

Holding Over. Tenant will not be Except for any permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the termsunder Article 29, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether if Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord party claiming by, through or under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive at the expiration or earlier termination of this Lease, the continued occupancy of the Premises shall be that of a tenancy at sufferance. Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to 150% of the greater of: (A) the sum of the Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses due for the period immediately preceding the holdover; or (B) the fair market gross rental for the Premises. Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. No holdover by Tenant or payment by Tenant after the expiration or early termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. In addition to the payment of the amounts provided above, if Landlord is unable to deliver possession of the Premises to a new tenant, or to perform improvements for a 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 Time Sensitive 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 ACTUAL DAMAGES THAT LANDLORD SUFFERS FROM THE HOLDOVER.

Holding Over. If Tenant will not be permitted fails to hold over deliver possession of the Premises after on the expiration or earlier termination of the Term without the express written consent of LandlordTermination Date, which consent Landlord may withhold in its sole and absolute discretion. If Tenant but holds over after the expiration or earlier termination of this Lease without the Termexpress prior written consent of Landlord, Landlord maysuch tenancy shall be construed, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of tenancy from month-to-month on the terms, covenants same terms and conditions of this Lease, so far as applicableare contained herein, except that beginning on the date that is thirty (30) days after Fixed Monthly Rent payable by Tenant during such period of holding over shall automatically increase as of the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased Termination to be an amount equal to the greater of (i) one hundred fifty percent (150%) for the first (1~) sixty (60) days and two hundred percent (200%) thereafter of the Fixed Monthly Base Rent in effect under this Lease payable by Tenant the calendar month immediately prior to the date when Tenant commences such holdover, or holding over (ii) the then current fair market rental rate for Holdover Rent). Such Holdover Rent shall be paid during such period as Tenant retains possession of the Premises. However, as reasonably determined by Tenant's payment of such Holdover Rent, and Landlord's acceptance thereof, in either event prorated on shall not constitute a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance waiver by Landlord of rent after any of Landlord's rights or remedies with respect to such expiration holding over, nor shall it be deemed to be a consent by Landlord to Tenant's continued occupancy or earlier termination will not result in a renewal possession of this Leasethe Premises past the time period covered Tenant's payment of the Holdover Rent. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Furthermore, if Tenant fails to surrender the Premises upon the expiration deliver possession of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive Landlord upon the expiration or earlier termination 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 expenses) and liability resulting from such failure, including without limiting the foregoing, any claims made by any succeeding tenant arising out of Tenant's failure to so surrender, and any lost profits to Landlord resulting therefrom. Notwithstanding the provisions contained hereinabove regarding Tenant's liability for a continuing holdover, Landlord agrees to use commercially reasonable efforts to insert into any future lease of another tenant proposing to occupy the Premises provisions similar to those contained in Section 2.1, permitting mitigation of Tenant's damages arising out of Tenant's temporary holdover.

Holding Over. If Tenant will not be permitted to hold over remains in possession of all or any part of the Demised Premises after the expiration or earlier termination of the Term without the express written consent of LandlordExpiration Date, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds then such holding over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be a tenancy at sufferance, for the entire Demised Premises, subject to all of the terms, covenants terms and conditions of this the Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Tenant shall pay monthly installments of Base Rent (determined on a per month basis without reduction for any such holdover period shall be increased to be partial months during the holdover) equal to the greater of (i) one hundred fifty percent (150%) 200% of the Monthly monthly installment of Base Rent in effect under this Lease immediately prior to such holding. This Section shall not be construed as Landlord’s permission for Tenant to holdover, . Acceptance of rent by Landlord following expiration or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days termination shall not constitute an extension of the Term or prevent Landlord from immediate recovery of possession of the Demised Premises by summary proceedings or otherwise. Notwithstanding any provision in this Lease to the contrary, any holdover will not be prorated and a minimum by Tenant shall constitute an event of a full month’s worth default on the part of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or as otherwise provided cure period, all of the remedies available to Landlord in the case of an event of default by lawTenant. If Tenant fails to surrender remains in possession of all or any part of the Demised Premises upon after the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by LandlordExpiration Date, then Tenant agrees to promptly indemnify, protect, defend shall indemnify and hold Landlord harmless from and against all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs losses (including legal 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 consequential damages) resulting from or arising out of Tenant’s failure to surrender the Demised Premises, including, but not limited to, any amounts required to be paid to any tenant or prospective tenant who was to have occupied the Demised Premises after the Expiration Date and any related attorneys’ fees and brokerage commissions. The provisions By way of clarification and not limitation, the performance of Tenant’s obligations under the fourth (4th) grammatical paragraph of Section 16(d) of the Original Lease, as amended by this Amendment, following the end of the term of this Subparagraph 11(b) will survive Lease shall not constitute Tenant’s remaining in possession of all or any part of the expiration or earlier termination Demised Premises, shall not be deemed a holdover by Tenant, and shall not be subject to the terms of this LeaseSection 13.

Holding Over. Tenant will not be permitted to shall indemnify, defend and hold over harmless Landlord from and against all claims, liabilities and expenses, including attorneys’ fees, resulting from delay by Tenant in surrendering the Premises in accordance with the provisions of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without or sooner termination of this Lease with the express prior written consent of Landlord, which consent Landlord may withhold in its sole such occupancy, shall be a tenancy from month to month at a rental (and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant not as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of penalty) in the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basisamount of86 82 ; provided, however, holdover rent that notwithstanding the foregoing to the contrary, Tenant shall have no obligation to remove the improvements made by Landlord pursuant to the attached Exhibit C, and except as otherwise expressly required by this Lease (for example purposes only, in Paragraph 19.2 regarding signage), Tenant shall have no obligation to remove any other improvements made by Tenant with Landlord’s prior written consent unless Landlord’s consent to make such alterations was expressly conditioned on Tenant’s removing such alterations at the first thirty expiration of the Term or sooner termination of this Lease, except that, in all events, unless Landlord otherwise consents in writing, Tenant must remove all computer lines, wiring and cabling associated with Tenant’s personal property that are located above the ceiling tile in the Premises. If Landlord determines that such computer lines, wiring and cabling can be reused by the next subsequent tenant of the Premises, Landlord shall notify Tenant of such determination within fifteen (3015) business days following receipt of written request from Tenant, which request may be made by Tenant at any time during the final ninety (90) days of the holdover will Term, and Tenant shall not be prorated required to remove such computer lines, wiring and a minimum of a full month’s worth of holdover rent cabling. If Landlord fails to respond to Tenant within such fifteen (15) day period, Landlord shall be duedeemed to have withheld its consent to such computer lines, whether wiring and cabling remaining in the Premises, and Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after shall remove such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to computer lines, wiring and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon cabling at the expiration of the Term or sooner termination of this Lease 83 (as such abandonment is described in accordance with Paragraph 16.1) 84 at the terms expiration of the Term or sooner termination of this Paragraph 11 despite demand Lease 85 ; provided, that the failure of Landlord to do so object to such surrender or to deliver a written release within ninety (90) days after the expiration of the Term or sooner termination of this Lease shall be deemed a release and acceptance by Landlord, provided that 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 legal fees and costs), including, without limitation, costs and expenses incurred by Landlord is not 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of default under this Lease.

Holding Over. Unless Landlord expressly consents in writing to Tenant’s holding over, Tenant will shall be unlawfully and illegally in possession of the Premises, whether or not be permitted to hold over Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises after without Landlord’s written consent. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then Tenant shall pay to Landlord for each day of such retention one hundred twenty five percent (125%) of daily rental as of the last month prior to the date expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days days, two hundred percent (200%) of daily rental as of the holdover will not be prorated and a minimum last month prior to the date of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day expiration or all earlier termination for the next thirty (30) days. Acceptance by Landlord days and then triple the amount of rent after such daily rental as of the last month prior to the date of expiration or earlier termination will not result in a renewal of this Leasetermination. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly shall also indemnify, protectdefend, defend protect and hold Landlord harmless from all claimsany loss, damagesliability or cost, judgmentsincluding consequential and incidental damages and reasonable attorneys’ fees, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees and costs)incurred by Landlord resulting from delay by Tenant in surrendering the Premises, including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and any claims made by any the succeeding tenant founded on such delay. Acceptance of Rent by Landlord following expiration or resulting from earlier termination of this Lease, or following demand by Landlord for possession of the Premises, shall not constitute a renewal of this Lease, and nothing contained in this Paragraph 25 shall waive Landlord’s right of reentry or any other right. Additionally, if upon expiration or earlier termination of this Lease, or following demand by Landlord for possession of the Premises, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant’s failure sole cost and expense, and any time required by Landlord to surrender complete such obligations shall be considered a period of holding over and the Premisesterms of this Paragraph 25 shall apply. The provisions of this Subparagraph 11(b) will Paragraph 25 shall survive the any expiration or earlier termination of this Lease.

Holding Over. If Tenant will not be permitted to hold holds over possession of the Premises after the expiration or earlier termination 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. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. If Tenant holds over after the expiration of the Lease Term without the express written consent of Landlord, which consent Landlord may withhold such tenancy shall be a tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination such case daily damages in any action to recover possession of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant Premises shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be calculated at a daily rate equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect applicable during the last rental period of the Lease Term under this Lease immediately prior to such holdover, (calculated on a per diem basis) or (ii) the then current fair market rental rate for the PremisesPremises as of the commencement of such holdover period. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to vacate and deliver possession of the Premises to Landlord as reasonably determined 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 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, in either event prorated on its agents, or to a monthly basis; providedlock box) or wire transfer, howeverTenant 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, holdover rent for 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 first Premises. Therefore, if Tenant fails to vacate and deliver the Premises prior to the date that is the later of (i) thirty (30) days after the termination or expiration of the holdover will not be prorated this Lease, and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1ii) day or all thirty (30) days. Acceptance by days after Landlord's notification to Tenant that Landlord has reached agreement with a third-party for occupancy of rent after such expiration the Premises or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are any portion thereof, then, in addition to and do not affect Landlord’s right of re-entry or any rights of other liabilities to Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlordaccruing therefrom, Tenant agrees to promptly indemnify, shall protect, defend defend, indemnify and hold Landlord harmless from and against all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal 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 upon such failure to vacate and deliver, and any losses suffered by Landlord, including lost profits, resulting from Tenant’s such failure to surrender vacate and deliver. Tenant agrees that any proceedings necessary to recover possession of the Premises. The provisions , whether before or after expiration of the Lease Term, shall be considered an action to enforce the terms of this Subparagraph 11(b) will survive Lease for purposes of the expiration or earlier termination awarding of this Leaseany attorney's fees in connection therewith.

Holding Over. In the event of holding over by Tenant will not be permitted after expiration or other termination of this Lease or in the event Tenant continues to hold over possession of occupy the Premises after the expiration or earlier termination of the Term without the express written consent Tenant's right of Landlordpossession pursuant to Articles XXII and XXIII hereof, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination occupancy of the Term, Landlord may, at its option, treat Tenant as Premises subsequent to such termination or expiration shall be that of a tenant tenancy at sufferance onlyand in no event for month-to-month or year-to-year. Tenant shall, and such continued occupancy by Tenant shall throughout the entire holdover period, be subject to all of the terms, covenants terms and conditions provisions of this Lease, so far as applicable, except that beginning Lease and shall pay for its use and occupancy an amount (on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent a per month basis without reduction for any partial months during any such holdover period shall be increased to be holdover) equal to the greater of (i) one hundred fifty percent (150%) of the Monthly sum of the Base Rent Rental and Additional Base Rental due for the period immediately preceding such holding over, provided that in effect under this Lease immediately prior to such holdover, or (ii) no event shall Base Rental and Additional Base Rental during the then current holdover period be less than the fair market rental rate for the Premises. Notwithstanding the foregoing, if such holding over continues for more than sixty (60) days, effective as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, howeverof the sixty-first (61st) day, holdover rent shall increase to 200% of the sum of the Base Rental and Additional Base Rental due for the first period immediately preceding such holding over. No holding over by Tenant or payments of money by Tenant to Landlord after the expiration of the term of this Lease shall be construed to extend the Lease Term or prevent Landlord from recovery of immediate possession of the Premises by summary proceedings or otherwise. In addition to the obligation to pay the amounts set forth above during 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 Premises to such other tenant or prospective tenant. Notwithstanding the foregoing, Tenant shall not be liable for consequential damages unless: (1) Landlord notifies Tenant that it has entered into a lease for the Premises; and (2) Tenant fails to vacate the Premises within thirty (30) days after the later to occur of the holdover will not be prorated and a minimum date of a full month’s worth Landlord's notice or the termination date of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this the Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, use reasonable efforts to mitigate any consequential damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. If Tenant will not be permitted to hold over remains in possession of the Premises after the expiration or earlier termination of the Term without this Lease with the express written consent of Landlord, which Tenant's occupancy shall be a month-to-month tenancy at a rent agreed upon by Landlord and Tenant, but in no event less than the greater of (i) the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or (ii) the then fair market rental (as mutually agreed by Landlord and Tenant) for the Premises. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent Landlord may withhold shall not result in its sole and absolute discretionany other tenancy or in a renewal of the original term of this Lease. If Tenant holds over remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent (or Landlord and Tenant have not otherwise been able to agree on the TermMonthly Rent payable for such holdover period), Landlord may, at its option, treat Tenant as Tenant's continued possession shall be on the basis of a tenant tenancy at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far pay as applicable, except that beginning on the date that is thirty (30) days after Monthly Rent during the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be an amount equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, (as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent ) for the first thirty Premises or (30ii) days two hundred percent (200%) of the holdover will not be prorated Monthly Rent and a minimum Additional Rent payable under this Lease for the last full month prior to the date of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result termination. Except as specifically provided in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender 20, the Premises upon the expiration of this Lease in accordance with holdover tenancy shall be on the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination conditions of this Lease.

Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds Any holding over after the expiration or earlier termination of this Lease with the Term, written consent of Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased construed to be equal a tenancy from month to the greater of (i) month at one hundred and fifty percent (150%) of the Monthly Base Rent monthly rent as adjusted, in effect under this Lease immediately prior to such holdover, or (ii) on the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days date of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal termination. All provisions of this Lease, except those pertaining to the term and any option to extend, shall apply to the month-to-month tenancy. The foregoing provisions of this Paragraph 11 paragraph 25 are in addition to to, and do not affect affect, Landlord’s right of re-entry reentry or any other rights of Landlord under this Lease hereunder or as otherwise provided by law. If Tenant fails to surrender shall retain possession of the Premises upon or any part thereof without Landlord’s consent following the expiration or sooner termination of this Lease for any reason, then Tenant shall pay to Landlord for each day of such retention at one hundred fifty (150%) the amount of the daily rental in accordance with effect during the terms last month prior to the date of this Paragraph 11 despite demand to do so by Landlord, such expiration or termination. Tenant agrees to promptly indemnify, protect, defend shall also indemnify and hold Landlord harmless from all claimsany loss, damagesliability and expense (including, judgmentsbut not limited to, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees and costs)attorneys fees) resulting from delay by Tenant in surrendering the Premises, including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and limitation any claims made by any succeeding tenant founded on or resulting from such delay, provided, however, as a condition to Tenant’s failure indemnity obligations under this sentence, Landlord shall give Tenant written notice of the existence of a prospective successor tenant for the Premises or any portion thereof, or the existence of any other matter which might give rise to a claim by Landlord under the foregoing indemnity, by the earlier of at least thirty (30) days prior to the date Landlord shall require Tenant’s surrender of the Premises. The provisions of this Subparagraph 11(b) will survive Premises or the expiration or earlier termination date of this Lease, and Tenant shall not be responsible to Landlord under the foregoing indemnity if Tenant shall surrender the Premises on or prior to the expiration of such period. Acceptance of rent by Landlord following expiration or termination shall not constitute a renewal of this Lease and nothing contained in this paragraph shall waive Landlord’s right to re-entry or any other right. Tenant shall be only a Tenant at sufferance, whether or not Landlord accepts any rent from Tenant, while Tenant is holding over without Landlord’s written consent.

Holding Over. If Tenant will not be permitted to hold over remains in possession of all or any part of the Premises after the expiration or earlier termination of the Term, then such holding over shall be a tenancy at sufferance, for the entire Premises, subject to the terms and conditions of this Lease, except that Tenant monthly installments of Base Rent shall be determined on a per month basis without reduction for partial months during the holdover and shall be 150% of the monthly installment of Base Rent payable for the last full month immediately preceding the holdover plus 100% of the monthly installment of Real Property Taxes and Operating Expenses payable by Tenant for the last full month immediately preceding the holdover. This Section shall not be construed as Landlord’s permission for Tenant to holdover. Acceptance of Rent by Landlord following expiration or termination shall not constitute an extension of the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Notwithstanding any provision in this Lease to the contrary, any holdover by Tenant shall constitute an Event of Default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the express written consent remedies available to Landlord in the case of Landlord, which consent Landlord may withhold in its sole and absolute discretionan Event of Default by Tenant. If Tenant holds over remains in possession of all or any part of the Premises after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by then Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend indemnify and hold Landlord harmless from and against all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs Losses (including legal 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 consequential damages) resulting from or arising out of Tenant’s failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive , including, but not limited to, any amounts required to be paid to any tenant or prospective tenant who was to have occupied the Premises after the expiration or earlier termination of this LeaseLease and any related reasonable attorneys’ fees and brokerage commissions. Landlord shall advise Tenant in writing promptly after Landlord enters into a lease providing for occupancy of any portion of the Premises by a tenant after the Expiration Date (“Landlord’s New Lease Notice”). Notwithstanding anything to the contrary herein contained, Tenant shall not be liable for any damages as a result of a holdover (other than increased Base Rent as set forth above) unless such holdover continues for a period of more than 60 days after Tenant’s receipt of Landlord’s New Lease Notice. (For example, (i) if Tenant receives Landlord’s New Lease Notice 60 or more days prior to the Expiration Date, Tenant will be liable for damages as a result of any holdover after the Expiration Date, and (ii) if Tenant receives Landlord’s New Lease Notice 30 days prior to the Expiration Date, Tenant will be liable for damages as a result of the holdover only if it holds over for more than 30 days after the Expiration Date.).

Holding Over. Tenant will In the event that Lessee shall not be permitted to hold over possession immediately surrender the Demised Premises on the date of expiration of the Premises term of this Lease or any extension period thereof, Lessee shall, by virtue of this section, become a lessee by the month at the monthly rent in effect during the last month of the term of this Lease. The month to month tenancy shall commence with the first day next after the expiration or earlier termination of the Term without the express written consent term of Landlord, which consent Landlord may withhold in its sole and absolute discretionthis Lease. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant Lessee as a month to month tenant at sufferance only, and such continued occupancy by Tenant shall continue to be subject to all of the terms, conditions and covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period . Lessee shall be increased give to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all Lessor at least thirty (30) days' written notice of any intention to quit the Demised Premises. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The Lessee shall be entitled to thirty Notwithstanding the foregoing provisions of this Paragraph 11 are section, in addition the event that Lessee shall hold over after the expiration of the term, or the Lease or extension period thereof, and if Lessor shall desire to and do not affect Landlord’s right regain possession of the Demised Premises promptly at the expiration of the term of this Lease, or extension period thereof, then at any time prior to Lessor's acceptance of rent from Lessee as a month to month tenant hereunder, Lessor, at its option, may forthwith re-entry enter and take possession of the Demised Premises without process, or by any legal process in force in the jurisdiction in which the Building is located. Furthermore, in the event Lessee continues to occupy the Demised Premises after the date of expiration of the term or any rights extension period and after receipt of Landlord under written notice from Lessor that Lessor desires possession of the Demised Premises upon expiration of the term of this Lease or any extension period, Lessee hereby agrees to pay to Lessor, as otherwise provided by law. If Tenant fails a penalty but not as liquidated damages, an amount equal to surrender twice the amount of the then applicable monthly rent including the portion of monthly rent pursuant to the section of this Lease, entitled RENTAL ESCALATION FOR INCREASES IN OPERATING EXPENSES, for each month or part of a month Lessee occupies the Demised Premises upon after the date of expiration of the term of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 or any succeeding tenant founded on or resulting from Tenant’s failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Leaseextension period thereof.

Holding Over. Unless Landlord expressly consents in writing to Tenant's holding over, Tenant will shall be unlawfully and illegally in possession of the Premises, whether or not be permitted to hold over Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises after without Landlord's written consent. If Tenant shall retain possession of the Premises or any portion thereof without Landlord's consent following the expiration of this Lease or sooner termination for any reason then Tenant shall pay to Landlord for each day of such retention triple two hundred percent (200%) the amount of daily rental as of the last month prior to the date of expiration or earlier termination. Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, including consequential and incidental damages and reasonable attorneys' fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises within thirty (30) days following the expiration or earlier termination of the Term or extended Term of this Lease, including without limitation, any claims made by the express written consent succeeding tenant founded on such delay. Acceptance of Landlord, which consent Rent by Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the following expiration or earlier termination of the Termthis Lease, or following demand by Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all for possession of the termsPremises, covenants and conditions shall not constitute a renewal of this Lease, so far and nothing contained in this Paragraph 25 shall waive Landlord's right of reentry or any other right. Additionally, if upon expiration or earlier termination of this Lease, or following demand by Landlord for possession of the Premises. Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as applicableset forth in this Lease then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant's sole cost and expense, except and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. The provisions of this Paragraph 25 shall survive any expiration or earlier termination of this Lease. If by written notice to Landlord delivered not later than twelve (12) months prior in the Term Expiration Date, or the expiration of the extended Term (the "Hold Over Notice"), Tenant advises Landlord of its intent to hold-over specifying the period of such hold-over (which period must be for a period of no longer than six (6) months) (the "Hold-Over Term") then Tenant may, as matter of right, remain in possession following the Term Expiration Date or the expiration of the extended Term, as the case may be, for the Hold-Over Term set forth in the Hold-Over Notice; provided, that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period the Hold-Over Term shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly sum of the Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate and other charges payable for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days last month of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent Term or extended Term. In no event under the preceding sentence shall be due, whether Tenant holds have the right to hold-over in the Premises for more than one (1) day six (6) month or all thirty (30) days. Acceptance by Landlord of rent after such expiration shorter period beyond the Term Expiration Date or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Leaseextended Term.

Holding Over. Except to the extent (if any) expressly set forth in Section 1.1(u), there are no options to renew or extend the Term. In the event Tenant or any party claiming under Tenant remains in possession of the Premises or any part thereof after the expiration of this Lease without Landlord's consent, no tenancy or interest in the Premises will not result, and such action shall result in unlawful detainer and that party shall be permitted subject to hold over immediate eviction and removal. In the event Tenant remains in possession of the Premises after the expiration or earlier termination of the Lease Term with Landlord's consent but without the express written consent execution of Landlorda new lease, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after it shall be deemed to be occupying the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant Premises as a tenant from month to month at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be a rental equal to the greater of (i) one hundred fifty fifty-percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior Minimum Guaranteed Rental herein provided and otherwise subject to such holdoverall the conditions, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated provisions and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal obligations of this Lease, including, but not limited to, Tenant's obligation to pay Additional Rent adjusted as necessary or appropriate to make the same applicable to a month to month tenancy. The foregoing provisions In the event Tenant remains in possession of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon after the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by LandlordLease, Tenant agrees shall also pay 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 legal fees and costs), including, without limitation, costs and expenses incurred damages sustained 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 retention of possession by Tenant’s failure to surrender , including without limitation the loss of any proposed subsequent tenant for any portion of the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this LeaseTENANT HEREBY WAIVES ALL RIGHT TO ANY NOTICE TO QUIT THE PROPERTY WHICH MAY BE REQUIRED UNDER ANY LAWS NOW OR HEREAFTER ENACTED AND IN FORCE IN PENNSYLVANIA, INCLUDING BUT NOT LIMITED TO THE LANDLORD AND TENANT ACT OF 1951, ACT OF APRIL 6, 1951, AS AMENDED. TENANT AGREES TO GIVE UP QUIET AND PEACEABLE POSSESSION OF THE PROPERTY AT THE END OF THE LEASE TERM WITHOUT FURTHER NOTICE FROM LANDLORD.

Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration of the Lease Term or earlier termination of the Termthereof, Landlord may, at its option, treat Tenant as such tenancy shall be a tenant at sufferance onlytenancy‑at‑sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in such continued occupancy by Tenant case monthly Base Rent shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly then current monthly Base Rent, plus the other amounts of Rent as specified herein. Nothing contained in effect under this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease immediately prior to such holdover, or (ii) upon the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier other termination will not result in a renewal of this Lease. If Tenant holds over without Landlord's express written consent, and tenders payment of rent for any period beyond the expiration of the Lease Term by way of check (whether directly to Landlord, its agents, or to a lock box) or wire transfer, Tenant acknowledges and agrees that the cashing of such check or acceptance of such wire shall be considered inadvertent and not be construed as creating a month-to-month tenancy, provided Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. The foregoing provisions of this Paragraph 11 are in addition Article 16 shall not be deemed to and do not affect Landlord’s right limit or constitute a waiver of re-entry any other rights or any rights remedies of Landlord under this Lease provided herein or as otherwise provided by at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease Lease, in accordance with the terms of this Paragraph 11 despite demand addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant agrees to promptly indemnify, shall protect, defend defend, indemnify and hold Landlord harmless from all claimsloss, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees reasonable attorneys' fees) and costs)liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and any claims made by any succeeding tenant founded on or resulting from Tenant’s upon such failure to surrender and any lost rents to Landlord resulting therefrom. Tenant agrees that any proceedings necessary to recover possession of the Premises. The provisions , whether before or after expiration of the Lease Term, shall be considered an action to enforce the terms of this Subparagraph 11(b) will survive Lease for purposes of the expiration or earlier termination awarding of this Leaseany attorney’s fees in connection therewith.

Holding Over. Tenant will shall pay Landlord one hundred fifty percent (150%) of the Monthly Rent and one hundred percent (100%) of the Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease, prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease, together with all damages sustained by Landlord on account thereof. The foregoing provisions shall not be permitted serve as permission for Tenant to hold over hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates the Premises) and Landlord shall have the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom. Without limitation of the foregoing, if Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period Tenant shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal fees and costs), including, without limitation, costs and expenses against the following Claims incurred by or asserted against 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 arising from Tenant’s failure to timely surrender the Premises or any portion thereof: (i) the amount of any delayed delivery rent abatements and/or rent credits granted by Landlord to any successor tenant of the Premises or any portion thereof, and/or any amounts payable by Landlord to any such successor tenant by reason of such successor tenant’s termination of its lease as a result of Landlord’s failure to timely deliver the Premises or any portion thereof by reason of such failure by Tenant to timely surrender the Premises. The provisions , and (ii) Landlord’s damages (including lost rent) as a result of this Subparagraph 11(bsuch successor tenant rescinding or terminating its lease of the Premises or any portion thereof, or any prospective successor tenant refusing to enter into the prospective lease of the Premises or any portion thereof, by reason of such failure by Tenant to timely surrender the Premises; provided, however, as a condition to Tenant’s obligations under the foregoing indemnity, Landlord shall give Tenant written notice of the existence of a successor tenant or prospective successor tenant for the Premises or any portion thereof, at least thirty (30) will survive days prior to the date Landlord shall require Tenant’s surrender of the Premises, and Tenant shall not be responsible to Landlord under the foregoing indemnity if Tenant shall surrender the Premises on or prior to the expiration of such thirty (30) day period or, if later, the Expiration Date (it being agreed, however, that Landlord need not identify the successor tenant or earlier termination of this Leaseprospective successor tenant by name in its notice, and it being further agreed that such notice may be given by Landlord prior to the Expiration Date).

Holding Over. Tenant will not be permitted to hold over In the event Tenant, or any party claiming under Tenant, retains possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlordthis Lease, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance onlysuch possession shall be an unlawful detainer, and no tenancy or interest shall result from such continued occupancy by Tenant possession; such parties shall be subject to all of the termsimmediate eviction and removal, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; providedaddition to all other remedies available to it hereunder, however, holdover rent shall have the right to receive as liquidated damages for all the first thirty (30) days time Tenant shall so retain possession of the holdover will not Premises or any part thereof, an amount equal to twice the Base Rent specified in the Lease, as applied to such period together with all other payments required hereunder as Additional Rent, provided that Tenant shall nonetheless be prorated a tenant at sufferance. Tenant shall also pay any and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance actual damages sustained by Landlord as a result of rent after such expiration or earlier termination will not result in a renewal of this Leasehold-over. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by LandlordIn addition, Tenant agrees to promptly shall indemnify, protect, defend and hold harmless Landlord harmless from and against all claims, damageslawsuits, judgments, suits, causes of actionliabilities, losses, liabilitiesdamages, penalties, fines, costs and expenses and costs (including legal fees and costs), including, without limitation, reasonable attorneys fees, court costs and expenses incurred litigation expenses) arising from delays by Landlord in returning delivering possession of the Premises to the condition in which Tenant was to surrender it and claims made any person or entity that are caused by any succeeding tenant founded on or resulting from Tenant’s failure to timely surrender possession of the Premises. The provisions of this Subparagraph 11(b) will survive Premises to Landlord at the expiration or earlier termination of this Lease; provided Landlord shall provide Tenant with reasonable details regarding the plans for the Premises following the expiration or termination of this Lease (including, without limitation, information regarding the schedule for any improvements to the Premises and the requirements for delivery of any space in the Premises to any person or entity), from time to time, within five (5) days after Tenant’s request for the same. Tenant will vacate the Premises and deliver same to Landlord immediately upon Tenant’s receipt of notice to do so from Landlord. The Rent during such hold-over period shall be payable to Landlord on demand. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease.

Holding Over. If Tenant will not be permitted fails to hold over deliver possession of the Premises after on the expiration or earlier termination of the Term without the express written consent of LandlordTermination Date, which consent Landlord may withhold in its sole and absolute discretion. If Tenant but holds over after the expiration or earlier termination of this Lease without the Termexpress prior written consent of Landlord, Landlord may, at its option, treat Tenant such tenancy shall be construed as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of tenancy from month-to-month on the terms, covenants same terms and conditions of this Lease, so far as applicableare contained herein, except that beginning on the date that is thirty (30) days after Fixed Monthly Rent payable by Tenant during such period of holding over shall automatically increase as of the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased Termination Date to be an amount equal to the greater of (i) one hundred fifty percent (150%) for the initial sixty (60) days and two hundred percent (200%) thereafter of the Fixed Monthly Base Rent in effect under this Lease payable by Tenant the calendar month immediately prior to the date when Tenant commences such holdover, or holding over (ii) the then current fair market rental rate for "Holdover Rent"). Such Holdover Rent shall be paid during such period as Tenant retains possession of the Premises. However, as reasonably determined by Tenant's payment of such Holdover Rent, and Landlord's acceptance thereof, in either event prorated on shall not constitute a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance waiver by Landlord of rent after any of Landlord's rights or remedies with respect to such expiration holding over, nor shall it be deemed to be a consent by Landlord to Tenant's continued occupancy or earlier termination will not result in a renewal possession of this Leasethe Premises past the time period covered Tenant's payment of the Holdover Rent. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Furthermore, if Tenant fails to surrender the Premises upon the expiration deliver possession of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive Landlord upon the expiration or earlier termination 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 expenses) and liability resulting from such failure, including without limiting the foregoing, any claims made by any succeeding tenant arising out of Tenant's failure to so surrender, and any lost profits to Landlord resulting therefrom. Notwithstanding the provisions contained hereinabove regarding Tenant's liability for a continuing holdover, Landlord agrees to use commercially reasonable efforts to insert into any future lease of another tenant proposing to occupy the Premises provisions similar to those contained in Section 2.1 , permitting mitigation of Tenant's damages arising out of Tenant's temporary holdover.

Holding Over. If Tenant fails to vacate the Premises after the Expiration Date or earlier termination of this Lease, then (1) Tenant’s possession of the Premises 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 under this Lease other than the amount of Rent payable by Tenant hereunder which shall be increased as provided below, (2) Tenant shall be subject to immediate eviction and removal, and (3) Tenant covenants and agrees to pay Landlord (in addition to the other Rent due hereunder, if any) as Rent for the period of such holdover a prorated daily Base Rent equal to the sum of (a) the daily Base Rent payable during the last month of the Term multiplied by 1.5 for the first 30 days of such holdover and 2.0 thereafter, and (b) the daily amount of all Additional Rent (including, but not be permitted to hold over limited to, the Triple Net Expenses) payable during the last month of the Term. Tenant’s possession of the Premises after the expiration Expiration Date or earlier termination of the Term without the express written consent this Lease shall immediately constitute an Event of Landlord, which consent Landlord may withhold in its sole and absolute discretionDefault under Section 19.5 herein. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base The Rent for any during such holdover period shall be increased payable to be equal Landlord from time to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated time on a monthly basisdemand; provided, however, if no demand is made during a particular month, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent accruing during such month shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease paid in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(bSection 17. 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 the consent of Landlord), and no payments of money by Tenant to Landlord after the end of the Term, shall operate to reinstate, continue or extend the Term, and no extension of this Term shall be valid unless evidenced by a writing signed by both Landlord and Tenant. No payments of money by Tenant (other than the holdover rent accruing during such holdover period paid in accordance with the provisions of this Section 17) will survive to Landlord after the expiration Expiration Date or earlier termination of this Lease shall constitute full payment of Rent under the terms of this Lease. Tenant shall be liable for all damages resulting from its holding over.

Holding Over. If Tenant will not be permitted to hold holds over possession of the Premises after the expiration or earlier termination 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. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. If Tenant holds over after the expiration of the Lease Term without the express written consent of Landlord, which consent Landlord may withhold such tenancy shall be a tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination such case daily damages in any action to recover possession of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant Premises shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be calculated at a daily rate equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect applicable during the last rental period of the Lease Term under this Lease immediately prior to such holdover, (calculated on a per diem basis) or (ii) the then current fair market rental rate for the PremisesPremises as of the commencement of such holdover period. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to vacate and deliver possession of the Premises to Landlord as reasonably determined 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 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, in either event prorated on its agents, or to a monthly basis; providedlock box) or wire transfer, howeverTenant 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, holdover rent for 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 first Premises. Therefore, if Tenant fails to vacate and deliver the Premises prior to the date that is the later of (i) thirty (30) days after the termination or expiration of the holdover will not be prorated this Lease, and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1ii) day or all thirty (30) days. Acceptance by days after Landlord's notification to Tenant that Landlord has reached agreement with a third-party for occupancy of rent after such expiration the Premises or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are any portion thereof, in addition to and do not affect Landlord’s right of re-entry or any rights of other liabilities to Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlordaccruing therefrom, Tenant agrees to promptly indemnify, shall protect, defend defend, indemnify and hold Landlord harmless from and against all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal 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 upon such failure to vacate and deliver, and any losses suffered by Landlord, including lost profits, resulting from Tenant’s such failure to surrender vacate and deliver. Tenant agrees that any proceedings necessary to recover possession of the Premises. The provisions , whether before or after expiration of the Lease Term, shall be considered an action to enforce the terms of this Subparagraph 11(b) will survive Lease for purposes of the expiration or earlier termination awarding of this Leaseany attorney's fees in connection therewith.

Holding Over. If Tenant will not be permitted to hold over retains possession of the Leased Premises after the expiration or earlier termination of the Term this Lease without the express written consent of Landlord’s permission, which consent Landlord may withhold in its sole and absolute discretion. If then Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as shall be a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be at a rental rate equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent Rental Installments for the Leased Premises in effect under this Lease immediately prior to upon the date of such holdoverexpiration or earlier termination and otherwise upon the terms, or (ii) the then current fair market rental rate for the Premisescovenants and conditions herein specified, so far as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) daysapplicable. Acceptance by Landlord of rent after such expiration or earlier termination will shall not result in a renewal of this Lease, nor shall such acceptance create a month-to-month tenancy. The foregoing provisions In the event a month-to-month tenancy is created by operation of this Paragraph 11 are law, either party shall have the right to terminate such month-to-month tenancy upon thirty (30) days’ prior written notice to the other, whether or not said notice is given on the rent paying date. Notwithstanding the foregoing, in addition the event Tenant provides Landlord with at least six (6) months’ prior written notice of its intent to holdover possession (a “Holdover Notice”), then Tenant shall have the right to holdover beyond the expiration of the Lease Term as to all of the Leased Premises for a period not to exceed three (3) months, as identified in the Holdover Notice; provided, however, that Tenant shall have no such right if, at the time of the delivery of the Holdover Notice, Landlord has entered into a lease with a replacement tenant for the Leased Premises and do not affect Landlord’s right requires immediate possession of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Leased Premises upon the expiration of this the Lease Term in order to deliver possession thereof to the replacement tenant in accordance with the terms of its lease, or has executed a term sheet or letter of intent for the leasing of the Leased Premises to a replacement tenant and requires immediate possession of the Leased Premises upon the expiration of the Lease Term in order to commence the construction of interior improvements therein for such replacement tenant. Any permitted holdover by Tenant pursuant to a Holdover Notice shall be at the rental rate last due in this Paragraph 11 despite demand Lease, plus Additional Rent, and shall otherwise be on the terms and conditions herein specified, so far as applicable; provided, however, that in no event [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. shall Tenant be permitted to do so by Landlorddeliver an additional Holdover Notice nor shall any renewal or expansion option or other similar right or option contained in this Lease be deemed applicable to any such tenancy. Except as expressly set forth herein, 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 legal fees and costs), including, without limitation, costs and expenses incurred this Section 2.04 shall in no way constitute a consent by Landlord in returning the Premises to the condition in which any holding over by 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 provisions of this Subparagraph 11(b) will survive upon the expiration or earlier termination of this Lease, nor limit Landlord’s remedies in such event.

Holding Over. Tenant will not be permitted shall have no right to hold over possession of occupy the Premises or any portion thereof after the expiration or earlier termination of this Lease or of Tenant's right to possession of the Term without Premises. In the express written consent event Tenant or any party claiming by, through or under Tenant retains possession of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over the Premises or any portion thereof after the expiration or earlier termination of this Lease or of Tenant's right to possession of the TermPremises, Landlord may, may exercise any and all remedies available to it at its option, treat Tenant as a tenant at sufferance only, law or in equity to recover possession of the Premises and such continued occupancy by Tenant shall be subject to all liable for any costs, expense, damages (whether consequential or direct) or liability Landlord suffers as a result of its holdover, including under any lease with a successor tenant or under any contract with a contract vendee. For each day Tenant or any party claiming by, through or under Tenant retains possession of the terms, covenants and conditions Premises or any part thereof after the expiration or earlier termination of this LeaseLease or of Tenant's right to possession of the Premises, so far as applicable, except that beginning on Tenant shall pay Landlord an amount which is the date that is thirty sum of (30i) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (iA) the fair market rental value of the Premises determined at the time of such holdover and (B) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this due and payable at the time of such Lease immediately prior to such holdovertermination or loss of right of possession, or pro-rated on a per diem basis, (ii) the then current fair market rental rate Impositions for the Premisesperiod in which such holdover occurs, calculated as reasonably determined by Landlordthough such period were within the Term, in either event prorated and pro-rated on a monthly per diem basis; provided, howeverand (iii) all other Additional Rent due for, or applicable to, the Term and any such holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) daysperiod. Acceptance by Landlord of rent Rent after such expiration termination shall not of itself constitute a renewal. Nothing contained in this Section shall be construed or earlier termination will not result in operate as a renewal waiver of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s 's right of re-entry reentry or any rights other right or remedy of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. If Tenant will not be permitted to hold over remains in possession of the Premises after the expiration or earlier termination of the Term without this Lease with the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued Tenant’s occupancy by Tenant shall be subject a month-to-month tenancy at a rent agreed upon by Landlord and Tenant in writing; provided, however, if Landlord has consented to all of the termsholdover in writing, covenants but Landlord and conditions of this Lease, so far as applicable, except that beginning Tenant did not agree in writing on the date that is thirty (30) days after rent during the holdover period has commencedperiod, the Monthly Base Rent for any such monthly rent during the holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect and Additional Rent payable under this Lease immediately during the last full month prior to the date of the expiration or earlier termination of this Lease. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord’s acceptance of rent after such holdoverholding over with Landlord’s written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord’s consent, or Tenant’s continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to (iii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of such holdover without consent, one hundred fifty percent (150%) of the holdover will not be prorated Monthly Rent and a minimum Additional Rent payable under this Lease for the last full month prior to the date of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal termination, (ii) for the thirty-first (31st) through sixtieth (60th) days of this Lease. The foregoing provisions of this Paragraph 11 are in addition any such holdover without consent, the aforementioned percentage shall increase to one hundred seventy percent (175%) and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails (iii) thereafter during such holdover without consent, the percentage shall be increased to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 two hundred percent (including legal fees and costs200%), 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, without the express or implied consent of the TermLandlord, Landlord may, at its option, treat Tenant as such tenancy shall be deemed a tenant at tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term, and in such continued occupancy by Tenant case Rent shall be payable at a monthly rate equal to (i) the Rent applicable during the last rental period of the Lease Term under this Lease with respect to the first sixty (60) days of such holdover, and (ii) thereafter 125% of the Base Rent applicable during the last rental period of the Lease Term under this Lease plus 100% of the Additional Rent applicable during the last rental period of the Lease Term under this Lease. Such tenancy shall be subject to all every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant after the expiration of the termsLease Term, covenants and conditions of this Lease, so far as applicable, except that beginning on Landlord expressly reserves the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased right to be equal require Tenant to the greater of (i) one hundred fifty percent (150%) surrender possession of the Monthly Base Rent Premises to Landlord as provided in effect under this Lease immediately prior to such holdover, or (ii) upon the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier other termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are 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. Notwithstanding the foregoing, Tenant may hold over for up to sixty (60) days after the expiration of the Lease Term without becoming a tenant at sufferance. In the event Tenant holds over for a period of more than sixty (60) days after the Expiration Date or the earlier termination of this Lease without Landlord’s express written approval, in addition to and do not affect Landlord’s right of re-entry or any rights of other liabilities to Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlordaccruing therefrom, Tenant agrees to promptly indemnify, shall protect, defend defend, indemnify and hold Landlord harmless from all claimsloss, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees reasonable attorneys’ fees) and costs)liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and any claims made by any succeeding tenant founded on or resulting from Tenant’s upon such failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Leaseand any lost profits to Landlord resulting therefrom.

Holding Over. Tenant will not be permitted to hold over possession of in the Premises after the expiration or earlier termination end of the Term Lease term without the express prior written consent of Landlord. Tenant will indemnify Landlord for, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from from, any and all claims, damages, judgments, suits, causes Liabilities arising out of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees and costs)or in connection with any holding over, including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and any claims made by any succeeding tenant founded on or resulting from and any loss of rent suffered by Landlord. If, despite this express agreement, any tenancy is created by Tenant’s failure holding over, except as specifically set forth in the next sentence the tenancy will be a tenancy at sufferance terminable immediately at Landlord’s sole option on written notice to surrender Tenant, but otherwise subject to the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination terms of this Lease, except that the most recent annual base rent will be doubled, Tenant will have no rights to lease any additional space in the Project or extend the term, and notwithstanding anything to the contrary Landlord will incur no Liabilities of any type to Tenant or its Affiliates during any holdover period, all of such Liabilities hereby being waived by Tenant. Without limiting the generality of the foregoing, if Tenant holds over and if Landlord so elects by delivering specific written notice to Tenant during such holdover, Tenant automatically will be deemed to have leased the Premises for an additional term (not to exceed 6 months) beginning on the date that Landlord’s notice is delivered and otherwise subject to the terms of this Lease, except that the most recent annual base rent will be doubled, Tenant will have no rights to lease any additional space in the Project or extend the term, and notwithstanding anything to the contrary Landlord will incur no Liabilities of any type to Tenant or its Affiliates during any holdover period, all of such liabilities hereby being waived by Tenant. Nothing in this Article or elsewhere in this Lease permits Tenant to hold over or in any way limits Landlord’s other rights and remedies if Tenant holds over.

Holding Over. In the event Tenant will not be permitted or any party under Tenant claiming rights to hold over this Lease, retains possession of the Premises after the expiration or earlier termination of this Lease or the Term without termination of Tenant’s right of possession hereunder, such possession shall constitute and be construed as a tenancy at will only, subject, however, to all of the express written consent terms, provisions, covenants and agreements on the part of LandlordTenant hereunder; such parties shall be subject to immediate eviction and removal and Tenant or any such party shall pay Landlord Renaissance Tower/ Priority Fulfillment Services, Inc. as rent for the period of such holdover an amount equal to one and one-half (1-1/2) times the Basic Annual Rent in effect immediately preceding expiration or termination, as applicable, prorated on a daily basis, together with all Additional Rent (as hereinafter defined) which consent would have otherwise been due and payable by Tenant if such period of holdover had occurred during the Term. Tenant shall also pay any and all actual damages sustained by Landlord may withhold as a result of such holdover; provided, however, that except for the payment of holdover rent as set forth in its sole and absolute discretion. If this Section 1.4, Tenant holds over shall not, during the first thirty (30) days after the expiration or earlier termination of the Termthis Lease or of Tenant’s right of possession hereunder, Landlord may, at its option, treat Tenant be liable for or obligated to pay any actual damages as a tenant at sufferance only, and result of such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any holdover. The rent during such holdover period shall be increased payable to be equal Landlord from time to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated time on a monthly basisdemand; provided, however, if no demand is made during a particular month, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent accruing during such month shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease paid in accordance with the terms 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 Paragraph 11 despite demand Lease; no payments of money by Tenant 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 legal 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 provisions of this Subparagraph 11(b) will survive after the expiration or earlier termination of this Lease shall reinstate, continue or extend the term of this Lease; and no extension of this Lease after the expiration or earlier termination thereof shall be valid unless and until the same shall be reduced to writing and signed by both Landlord and Tenant. In addition, Tenant agrees that Landlord shall be entitled to the payment of its actual, reasonable out-of-pocket legal fees in the event that Landlord prevails in a forcible detainer action brought by Landlord.

Holding Over. If, with Landlord’s express written consent, Tenant will not retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be permitted subject to hold over 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 remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in its sole effect during the last 30 days of the Term, and absolute discretion. If (B) if Tenant holds over after in the Premises in excess of 30 days, Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages; provided, however, that if Tenant delivers a written inquiry to Landlord within 30 days prior to the expiration or earlier termination of the Term, Landlord maywill notify Tenant whether the potential exists for consequential damages. No holding over by Tenant, at its optionwhether with or without consent of Landlord, treat Tenant shall operate to extend this Lease except as a tenant at sufferance onlyotherwise expressly provided, and such continued occupancy by this Section 8 shall not be construed as consent for Tenant shall be subject to all retain possession of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent Rent after such the expiration of the Term or earlier termination will of this Lease shall not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination reinstatement of this Lease.

Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, provides Landlord may, with written notice ("HOLDOVER NOTICE") at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is least thirty (30) days prior to expiration of the Lease Term (or any applicable Extension Term) that Tenant will be holding over in the Premises, Tenant shall have the right (and, subject to the grace periods described below, the obligation) to hold over after the expiration of the Lease Term until the date ("HOLDOVER NOTICE DATE") specified in such Holdover Notice (but not in excess of one hundred twenty (120) days after the expiration of the Lease Term or applicable Extension Term). Any holdover period has commencedtenancy (including without limitation, any holdover tenancy pursuant to a Holdover Notice) shall be subject to every applicable term, covenant and agreement contained herein, except that the Monthly Base Rent payable by Tenant for any the Premises (irrespective of the amount of space Tenant continues to occupy in the Building) shall be escalated to equal one hundred ten percent (110%) of the then current Base Rent and Direct Expenses payments for the entire Premises for the first ninety (90) days of such holdover period occupancy and one hundred twenty-five percent (125%) of such amount during the next succeeding ninety (90) days and from and after such one hundred eighty (180) day period, Rent shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basisamount thereafter; provided, however, subject to the next sentence of this Article 16, such holdover rent for the first thirty (30) days of the holdover will not Rent and Additional Rent shall be prorated on a per diem basis through and a minimum of a full month’s worth of holdover rent shall be due, whether including the date ("ACTUAL SURRENDER DATE") Tenant holds over one (1) day or all thirty (30) days. Acceptance by actually vacates and surrenders the Premises to Landlord of rent after such expiration or earlier termination will not result in a renewal of the condition required under this Lease. If Tenant properly delivers the Holdover Notice and the Actual Surrender Date (a) is earlier than the Holdover Notice Date by forty-five (45) days or less, Tenant's obligation to pay such holdover Rent and Additional Rent shall terminate on a per diem basis as of the Actual Surrender Date, however if the Actual Surrender Date is earlier than forty-five (45) days prior to the Holdover Notice Date, Tenant's holdover Rent and Additional Rent shall cease as of the date which is forty-five (45) days prior to the Holdover Notice Date, or (b) is later than the Holdover Notice Date, Tenant's obligation to pay holdover Rent and Additional Rent shall cease as of the Actual Surrender Date, provided that Tenant shall have no right to holdover beyond the earlier to occur of fifteen (15) days after the Holdover Notice Date or the expiration of the one hundred twenty (120) period specified in the first sentence of this Article 16 above. By way of example only, and not as a limitation upon the foregoing, if the Holdover Notice indicates that the Holdover Notice Date is ninety (90) days after the expiration of the Lease Term or applicable Extension Term, Tenant shall be permitted to holdover until the date which is one hundred five (105) days after the expiration of the Lease Term or applicable Extension Term and Tenant's obligation to pay holdover Rent and Additional Rent shall be prorated on a per diem basis until the later of the forty-fifth (45th) day after the expiration of the Lease Term or applicable Extension Term or the Actual Surrender Date. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant (except as expressly provided in this Article 16 above), and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration of the Lease Term (or the period specified in clause 16(b) above, as applicable). The foregoing provisions of this Paragraph 11 are in addition Article 16 shall not be deemed to and do not affect Landlord’s right limit or constitute a waiver of re-entry any other rights or any rights remedies of Landlord under this Lease provided herein or as otherwise provided by at law. If Tenant fails to surrender the Premises upon within the expiration of period specified in this Lease Article 16 above, in accordance with the terms of this Paragraph 11 despite demand addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant agrees to promptly indemnify, shall protect, defend defend, PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] indemnify and hold Landlord harmless from all claimsloss, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees reasonable attorneys' fees) and costs)liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and any claims made by any succeeding tenant founded on or resulting from Tenant’s upon such failure to surrender (including such tenant's lost profits) and any lost profits to Landlord resulting therefrom, provided Landlord promptly notified Tenant in writing of any lease or signed letter of intent for all or any portion of the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. In the event that Tenant will or any party claiming under Tenant shall not be permitted to hold over possession of immediately surrender the Premises after in the condition required by Section 17.1 on the date of the expiration or earlier termination of the Lease Term, Tenant shall become a tenant by the month at two hundred percent (200%) of the Fixed Monthly Rent in effect during the last month of the Lease Term, plus one hundred percent (100%) of all additional rent in effect during the last month of the Lease Term without (subject to increases thereafter as determined by Landlord in accordance with the express written consent provisions of Landlord, which consent Landlord may withhold in its sole and absolute discretionthis Lease). If Tenant holds over after Said monthly tenancy shall commence on the first day following the expiration or earlier termination of the Lease Term. As a monthly tenant, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, conditions, covenants and conditions agreements of this Lease, so far except as applicableto the amount of the monthly rent, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period which shall be increased to be equal to in the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent amount specified in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on Section. As a monthly basis; providedtenant, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent Tenant shall be due, whether Tenant holds over one (1) day or all give to Landlord at least thirty (30) days’ written notice of any intention to quit the Premises, and Tenant shall be entitled to thirty (30) days’ written notice to quit the Premises, unless an Event of Default exists hereunder, 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. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The Notwithstanding the foregoing provisions of this Paragraph 11 are Section, in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If the event Tenant fails to surrender the Premises upon shall hold over after the expiration of this the Lease in accordance with Term and if Landlord shall desire to regain possession of the terms Premises promptly at the expiration of this Paragraph 11 despite demand the Lease Term, then at any time prior to do so by Landlord’s acceptance of rent from Tenant as a monthly tenant hereunder Landlord, Tenant agrees to promptly indemnifyat its option, protect, defend may forthwith re-enter and hold Landlord harmless from all claims, damages, judgments, suits, causes take possession of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees and costs), including, without limitation, costs and expenses incurred by Landlord in returning the Premises to without process or by any legal process in force in the condition jurisdiction in which Tenant was the Building is located. Landlord may accept rent in the holdover amount and concurrently commence legal proceedings to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant’s failure to surrender regain possession of the Premises. The provisions Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of this Subparagraph 11(b) will survive possession by Xxxxxx, including the expiration loss of any proposed subsequent tenant for all or earlier termination any portion of this Leasethe Premises. Force majeure is not an excuse to holding over.

Holding Over. Tenant will not be permitted will, at the expiration or termination of this Lease by lapse of time or otherwise, yield up immediate possession to hold over Landlord. If Tenant retains possession of the Premises or any part thereof after the such expiration or earlier termination of the Term without the express written consent of Landlordtermination, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, then Landlord may, at its option, treat serve written notice upon Tenant as a tenant at sufferance only, and that such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for holding over constitutes any such holdover period shall be increased to be equal to the greater one of (i) creation of a month-to-month tenancy, upon the terms and conditions set forth in this Lease, or (ii) creation of a tenancy at sufferance (with the right to lock-out Tenant pursuant to Section 19(C) below), in any case upon the terms and conditions set forth in this Lease; provided, however, that the monthly Base Rent (or daily Base Rent under (ii)) 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 hundred fifty twenty-five percent (150125%) of the Monthly Base Rent in effect being paid monthly to Landlord under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent termination for the first thirty (30) days of Tenant’s holdover, and thereafter at a rate of one hundred fifty percent 150% of the Base Rent being paid monthly to Landlord under this Lease immediately prior to such termination. Such holdover will not Base Rent shall be prorated and a minimum on the basis of a full month’s worth of holdover rent 365-day year for each day Tenant remains in possession. Tenant shall be dueliable for consequential damages to Landlord for any holdover, whether provided Landlord gives Tenant holds over one written notice (1“Holdover Notice”) day that Landlord has entered into another lease with an tenant for all or all part of the Premises, and Tenant fails to vacate and surrender the Premises within thirty (30) days. Acceptance by Landlord days following the later of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(bi) will survive the expiration or earlier termination of this LeaseLease and (ii) the date Tenant receives the Holdover Notice. In addition to the foregoing, 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 Premises. Upon request of Tenant, Landlord shall advise Tenant within sixty (60) days of the expiration or termination date, of any situation or condition which may give rise to consequential damages. The provisions of this paragraph shall not constitute a waiver by Landlord of any right of re-entry as herein set forth; nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of the right to terminate this Lease for a breach of any of the terms, covenants, or obligations herein on Tenant’s part to be performed.

Holding Over. If Tenant will not be permitted to hold over retains possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination Tenant’s right to possession of the TermPremises, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of pay (i) Base Rent during the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is first thirty (30) days after of the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) at one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to preceding such holdover, or and thereafter pay Base Rent during the holdover in an amount equal to two hundred percent (200%) of the Base Rent in effect immediately preceding such holdover, plus (ii) Additional Rent and all other amounts otherwise payable under the then current fair market rental rate for the PremisesLease (including, as reasonably determined by Landlordwithout limitation, in either event prorated Excess Expenses) computed on a monthly basis; per diem basis for each day that Tenant remains in possession and Tenant shall perform all of its other obligations under the Lease. Tenant shall also pay, indemnify and defend Landlord from and against all claims and damages, consequential as well as direct, sustained by reason of Tenant’s holding over, provided, however, that so long as Tenant pays the holdover rent for described herein above, and the first thirty holdover terminates and Tenant vacates the Premises in the condition required by the Lease on or before the date which is the earlier of sixty (3060) days following the expiration of the holdover will not be prorated and a minimum Term or the termination of a full monthTenant’s worth right of holdover rent possession, Tenant shall have no liability to Landlord for consequential damages; otherwise, Tenant shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Leaseso liable. The foregoing provisions of this Paragraph 11 are in addition to and Section do not affect 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 under this shall not be deemed a consent by Landlord to Tenant’s remaining in possession or be construed as creating or renewing any Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration right of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend tenancy between Landlord and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. Unless Landlord expressly consents in writing to Tenant's holding over, Tenant will shall be only a Tenant at sufferance, whether or not be permitted to hold Landlord accepts any Rent from Tenant or any other person while Tenant is holding over without Landlord's written consent. If Tenant shall retain possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon portion thereof without Landlord's consent following the expiration of this Lease in accordance with or sooner termination for any reason, then Tenant shall pay to Landlord for each day of such retention DOUBLE the terms amount of this Paragraph 11 despite demand daily rental as of the last month prior to do so by Landlord, the date of expiration or earlier termination. Tenant agrees to promptly shall also indemnify, protectdefend, defend protect and hold Landlord harmless from all claimsany loss, damagesliability or cost, judgmentsincluding reasonable attorneys' fees, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees and costs)resulting from delay by Tenant in surrendering the Premises, including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and any claims made by any the succeeding tenant founded on such delay. Acceptance of Rent by Landlord following expiration or resulting from earlier termination shall not constitute a renewal of this Lease, and nothing contained in this Paragraph 25 shall waive Landlord's right of reentry or any other right. Additionally, in the event that upon expiration or earlier termination of this Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant’s failure 's sole cost and expense, and any time required by Landlord to surrender complete such obligations shall be considered a period of holding over and the Premisesterms of this Paragraph 25 shall apply. The provisions of this Subparagraph 11(b) will Paragraph 25 shall survive the any expiration or earlier termination of this Lease.

Holding Over. If Tenant will not be permitted to hold holds over possession for more than thirty (30) days after the expiration of the Premises after Lease Term or earlier termination thereof, such tenancy shall be a tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in such case 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 under this Lease, and (ii) a percentage equal to 125% during the first three (3) months immediately following the expiration or earlier termination of the Term without Lease Term, and 150% thereafter. Such tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the express written consent right to require Tenant to surrender possession of Landlord, which consent the Premises to Landlord may withhold as provided in its sole and absolute discretionthis Lease upon the expiration or other termination of this Lease. If Tenant holds over after without Landlord's express written consent, and tenders payment of rent for any period beyond the expiration or earlier termination of the TermLease Term by way of check (whether directly to Landlord, Landlord mayits agents, at its optionor to a lock box) or wire transfer, treat Tenant as a tenant at sufferance only, acknowledges and agrees that the cashing of such continued occupancy by Tenant check or acceptance of such wire shall be subject to all of the terms, covenants considered inadvertent and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and construed as creating a minimum of a full month’s worth of holdover rent shall be due-to-month tenancy, whether provided Landlord refunds such payment to Tenant holds over one (1) day promptly upon learning that such check has been cashed or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Leasewire transfer received. The foregoing provisions of this Paragraph 11 are in addition Article 16 shall not be deemed to and do not affect Landlord’s right limit or constitute a waiver of re-entry any other rights or any rights remedies of Landlord under this Lease provided herein or as otherwise provided by at law. If Tenant fails to surrender the Premises upon within one (1) month after the termination or expiration of this Lease Lease, then in accordance with the terms of this Paragraph 11 despite demand addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant agrees to promptly indemnify, shall protect, defend defend, indemnify and hold Landlord harmless from all claimsloss, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees reasonable attorneys' fees) and costs)liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and any claims made by any succeeding tenant founded on or resulting from Tenant’s 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. The provisions , whether before or after expiration of the Lease Term, shall be considered an action to enforce the terms of this Subparagraph 11(b) will survive Lease for purposes of the expiration or earlier termination awarding of this Lease.any attorney's fees in connection therewith. 00 XXX XXXXXX STAR WAY(Single-Tenant Lease Form)[Rovi Corporation] ARTICLE 17

Holding Over. If the Tenant will not be permitted to hold over remains in possession of the Leased Premises after the expiration or earlier other termination of the Term without this Lease with the express written consent of the Landlord, which consent the Tenant's occupancy shall be a month-to-month tenancy at a rent agreed upon by the Landlord may withhold and the Tenant, but in its sole and absolute discretion. If Tenant holds over after no event less than the Rent payable under this Lease during the last full month prior to the date of the expiration or earlier other termination of this Lease. Except as provided in the Termpreceding sentence, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant the month-to-month tenancy shall be subject to all of on the terms, covenants terms and conditions of this Lease. The Landlord's acceptance of Rent after such holding over with the Landlord's written consent shall not result in any other tenancy or in a renewal of the term hereof. If the Tenant remains in possession of the Leased Premises after the expiration of the termination of this Lease without the Landlord's written consent, so far as applicable, except that beginning the Tenant's continued possession shall be on the date that is thirty (30) days after basis of a tenancy at sufferance and Tenant shall pay Rent during the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be an amount equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, (as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent ) for the first thirty Leased Premises or (30ii) days two hundred percent (200%) of the holdover will not be prorated and a minimum Rent payable under this Lease for the last full month prior to the date of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Leaseother termination. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend shall indemnify and hold Landlord harmless from and against all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees and costs)or expenses, including, without limitation, reasonable attorneys fees and costs and expenses of re-renting, if required, 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 's failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive Leased Premises within the expiration or earlier termination of time provided under this Lease, for any (i) rent payable by any prospective tenant of the Leased Premises or any portion thereof and (ii) Landlord's damages as result of such prospective tenant rescinding the prospective lease of the Leased Premises or any portion thereof by reason of such failure to timely surrender the Leased Premises; provided that Landlord shall make reasonable efforts, as defined in Paragraph 10.3, above, to mitigate damages. All indemnification obligations, including without limitation those contained in Paragraphs 3.3 and 3.4, provided for in this Lease shall continue and remain in full force and effect during any holdover period, and resulting month to month tenancy.

Holding Over. If Tenant will not be permitted to hold holds over possession after the expiration of the Premises after 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 (A) one hundred twenty-five percent (125%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease for the first two (2) months immediately following the expiration or earlier termination of this Lease, and (B) two hundred percent (200%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease 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 expiration of the Lease Term without the express written consent of Landlord, which consent Landlord may withhold such tenancy shall be a tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination such case daily damages in any action to recover possession of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant Premises shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be calculated at a daily rate equal to the greater of (i) one hundred fifty twenty-five percent (150125%) of the Monthly Base Rent in effect applicable during the last rental period of the Lease Term under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty two (302) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive months immediately following the expiration or earlier termination of this Lease, and (ii) two hundred percent (200%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease (calculated on a per diem basis) thereafter. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to 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 holds over without Landlord's express written consent, and tenders payment of rent for any period beyond the expiration of the Lease Term by way of check (whether directly to Landlord, its agents, or to a lock box) or wire transfer, Tenant acknowledges and agrees that the cashing of such check or acceptance of such wire shall be considered inadvertent and not be construed as creating a month-to-month tenancy, provided Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. Tenant acknowledges that any holding over without Landlord’s express written consent may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to vacate and deliver the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims made by any succeeding tenant founded upon such failure to vacate and deliver, and any losses suffered by Landlord, including lost profits, resulting from such failure to vacate and deliver. Tenant agrees that any proceedings necessary to recover possession of the Premises, whether before or after expiration of the Lease Term, shall be considered an action to enforce the terms of this Lease for purposes of the awarding of any attorney’s fees in connection therewith.

Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150l50%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market currently scheduled rental rate for comparable space in the Premises, as reasonably determined by LandlordBuilding, in either event prorated on a monthly daily basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s 's right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 's failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of the TermLandlord, Landlord may, at its option, treat Tenant as a tenant at sufferance 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 continued occupancy by Tenant case Base Rent shall be subject to all of payable at a monthly rate (the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30"HOLD OVER BASE RENT") days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect applicable during the last rental period of the Lease Term under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basisLease; provided, however, holdover rent for the first thirty (30) days of only following the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will of the Lease Term, Tenant shall not result be required to pay Hold Over Base Rent applicable to any full floor of the Building completely vacated and surrendered to Landlord pursuant to the terms and conditions of Article 15, above; provided, further, however, following the expiration of such 30-day period, if Tenant continues its hold over in any portion of the Premises, then Tenant shall be required to pay Hold Over Base Rent applicable to the entire Premises. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Notwithstanding the foregoing, Original Tenant and any Permitted Transferee (but only to the extent such Permitted Transferee has, in Landlord's reasonable determination, financial strength equal to or greater than Original Tenant) shall 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 renewal period of up to six (6) months (the "PERMITTED HOLDOVER TERM"), in which case the Rent payable by Tenant during such Permitted Holdover Term shall equal the product of (A) the Rent applicable during the last monthly rental period of the Lease Term under this Lease, and (B) a percentage equal to one hundred percent (100%) during the first three (3) months immediately following the expiration or earlier termination of the Lease Term, and one hundred fifty percent (150%) thereafter. The right of Tenant to extend the Lease Term as provided in this Article 16 may not be exercised if, as of the date Tenant delivers the Holdover Notice to Landlord, or as of the commencement of such Permitted Holdover Term, Tenant is in material or economic default under this Lease (beyond any applicable notice and cure periods) or if Tenant has previously been in material or economic default under this Lease (beyond any applicable notice and cure periods) more than twice during the previous twelve (12) month period. Except with respect to the Permitted Holdover Term, nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The foregoing provisions of this Paragraph 11 are in addition Article 16 shall not be deemed to and do not affect Landlord’s right limit or constitute a waiver of re-entry any other rights or any rights remedies of Landlord under this Lease provided herein or at law. Except as otherwise specifically provided by law. If for in this Article 16 with regard to a Permitted Holdover Term, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease (or upon the expiration of the Permitted Holdover Term, if any), in accordance with the terms of this Paragraph 11 despite demand addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant agrees to promptly indemnify, shall protect, defend defend, indemnify and hold Landlord harmless from all claimsloss, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees reasonable attorneys' fees) and costs)liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and any claims made by any succeeding tenant founded on or resulting from Tenant’s upon such failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Leaseand any lost profits to Landlord resulting therefrom.

Holding Over. If, with Landlord’s express written consent, Tenant will not retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be permitted subject to hold over 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 remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Base Rent in effect during the last 30 days of the Term, plus Operating Expenses and all other amounts due under this Lease, and (B) Tenant shall be responsible for all damages suffered by Landlord may withhold in its sole and absolute discretion. If resulting from or occasioned by Tenant’s holding over, including consequential damages; provided, however, that if Tenant holds over after delivers a written inquiry to Landlord within 30 days prior to the expiration or earlier termination of the Term, Landlord maywill notify Tenant whether the potential exists for consequential damages. No holding over by Tenant, at its optionwhether with or without consent of Landlord, treat Tenant shall operate to extend this Lease except as a tenant at sufferance onlyotherwise expressly provided, and such continued occupancy by this Section 8 shall not be construed as consent for Tenant shall be subject to all retain possession of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent Rent after such the expiration of the Term or earlier termination will of this Lease shall not result in a renewal or reinstatement of this Lease. The foregoing provisions Payments of Rent payable pursuant to this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or Section 8 for any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Leasefractional calendar month shall be prorated.

Holding Over. Tenant will not Subtenant shall have no right to occupy the Premises or any portion thereof after the expiration of this Sublease or after termination of this Sublease or of Subtenant's right to possession in consequence of an Event of Default hereunder. In the event Subtenant or any party claiming by, through or under Subtenant holds over (including removal of all personal property and fixtures required to be permitted removed and returning the Premises to Sublandlord in the condition required hereunder) by the Expiration Date or earlier termination of this Sublease, Sublandlord may exercise any and all remedies available to it at law or in equity to recover possession of the Premises, and Subtenant shall indemnify and hold over possession harmless Sublandlord in respect of any and all holdover charges or penalties imposed under the Prime Lease upon Sublandlord in respect of the entire Leased Space and in respect of any and all other damages, costs, liabilities or expenses (including attorneys' fees) suffered by Sublandlord in respect of Subtenant's holding over, as and when such costs, liabilities or expenses are incurred. In addition, for each and every month or partial month that Subtenant or any party claiming by, through or under Subtenant remains in occupancy of all or any portion of the Premises after the expiration of this Sublease or earlier after termination of the Term without the express written consent of Landlordthis Sublease or Subtenant's right to possession, which consent Landlord may withhold in its sole Subtenant shall pay, as minimum damages and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant not as a tenant penalty, monthly rental at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be a rate equal to (1) for the first thirty days of holding over, 125% of the greater of (i) one hundred fifty percent (150%) the rate of the Monthly Base Rent in effect under this Lease and Additional Rent payable by Subtenant hereunder immediately prior to such holdoverthe expiration or other termination of this Sublease or of Subtenant's right to possession, or (ii) the then current fair market rental rate of base rent and additional rent payable by Sublandlord for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly square footage basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition immediately prior to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier other termination of this LeaseSublease or of Subtenant's right to possession, and (2) thereafter, 150% of the greater of (i) the rate of Base Rent and Additional Rent payable by Subtenant hereunder immediately prior to the expiration or other termination of this Sublease or of Subtenant's right to possession, or (ii) the rate of base rent and additional rent payable by Sublandlord for the Premises, on a square footage basis, immediately prior to the expiration or other termination of this Sublease or of Subtenant's right to possession. The acceptance by Sublandlord of any lesser sum shall be construed as payment on account and not in satisfaction of damages for such holding over. In no event shall any such holding over, or the receipt by Sublandlord of any amounts set forth in this Section 19, be deemed to create any month to month or other tenancy.

Holding Over. Except to the extent (if any) expressly set forth in Section 1.1(u), there are no options to renew or extend the Term. In the event Tenant or any party claiming under Tenant remains in possession of the Premises or any part thereof after the expiration of this Lease without Landlord’s consent, no tenancy or interest in the Premises will not result, and such action shall result in unlawful detainer and that party shall be permitted subject to hold over immediate eviction and removal. In the event Tenant remains in possession of the Premises after the expiration or earlier termination of the Lease Term with Landlord’s consent but without the express written consent execution of Landlorda new lease, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after it shall be deemed to be occupying the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant Premises as a tenant from month to month at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be a rental equal to the greater of (i) one hundred fifty fifty-percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior Minimum Guaranteed Rental herein provided and otherwise subject to such holdoverall the conditions, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated provisions and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal obligations of this Lease, including, but not limited to, Tenant’s obligation to pay Additional Rent adjusted as necessary or appropriate to make the same applicable to a month to month tenancy. The foregoing provisions In the event Tenant remains in possession of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon after the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by LandlordLease, Tenant agrees shall also pay 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 legal fees and costs), including, without limitation, costs and expenses incurred damages sustained 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 retention of possession by Tenant’s failure to surrender , including without limitation the loss of any proposed subsequent tenant for any portion of the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this LeaseTENANT HEREBY WAIVES ALL RIGHT TO ANY NOTICE TO QUIT THE PROPERTY WHICH MAY BE REQUIRED UNDER ANY LAWS NOW OR HEREAFTER ENACTED AND IN FORCE IN PENNSYLVANIA, INCLUDING BUT NOT LIMITED TO THE LANDLORD AND TENANT ACT OF 1951, ACT OF APRIL 6, 1951, AS AMENDED. TENANT AGREES TO GIVE UP QUIET AND PEACEABLE POSSESSION OF THE PROPERTY AT THE END OF THE LEASE TERM WITHOUT FURTHER NOTICE FROM LANDLORD.

Holding Over. If Tenant will not be permitted to hold holds over possession of in the Premises or any part thereof after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicablesuch tenancy shall not constitute a renewal or extension of the Lease and shall be construed to be a tenancy from month to month on the same terms and conditions contained herein, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Base Monthly Base Rent for any such holdover period shall be increased to be payable at an amount equal to the greater of (i) one hundred twenty-five percent (125%) of the Base Monthly Rent payable during the last full calendar month of the Lease Term for the first three (3) months of such holdover, and (ii) one hundred fifty percent (150%) thereafter. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Monthly Base Rent Premises to Landlord as provided in effect under this Lease immediately prior to such holdover, or (ii) upon the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier other termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition Article 16 shall not be deemed to and do not affect Landlord’s right limit or constitute a waiver of re-entry any other rights or any rights remedies of Landlord provided under this Lease or as otherwise provided by at law. If Tenant fails holds over without Landlord’s express written consent, and tenders payment of rent for any period beyond the expiration or earlier termination of the Lease Term by way of check (whether directly to surrender Landlord, its agents, or to a lock box) or wire transfer, Tenant acknowledges and agrees that the Premises cashing of such check or acceptance of such wire shall be considered inadvertent and not be construed as creating a month-to-month tenancy, provide Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. Additionally, in the event that upon the expiration or earlier termination of the Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease in accordance with Lease, then Landlord shall have the right to 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 Paragraph 11 despite demand Article 16 shall apply. Tenant acknowledges that any holding over in the Premises by Tenant without Landlord’s express written consent may compromise or otherwise affect Landlord’s ability to do so by Landlordenter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant agrees fails to promptly indemnify, protect, defend vacate and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees and costs), including, without limitation, costs and expenses incurred by Landlord in returning deliver 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 provisions of this Subparagraph 11(b) will survive Landlord upon the expiration or earlier termination of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against any and all claims 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 vacate and deliver, and any losses suffered by Landlord, including lost profits, resulting therefrom. Tenant agrees that any proceedings necessary to recover possession of the Premises from Tenant, whether before or after the expiration or earlier termination of this Lease, shall be considered an action to enforce the terms of this Lease for purposes of die awarding of any attorneys’ fees in connection therewith.

Holding Over. This Lease shall terminate without further notice on the Lease Expiration Date (as set forth in Article 1). Notwithstanding the foregoing, upon sixty (60) days advance notice from Tenant will not be permitted to Landlord, Tenant shall have the right to hold over possession of in the Leased Premises after the expiration or earlier termination of the Term without the express written consent of Landlordfor sixty (60) days, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to upon all of the terms, covenants terms and conditions of this the Lease, so far including the obligation to pay Base Monthly Rent and Additional Rent. Any holding over by Tenant after expiration of the Lease Term shall neither constitute a renewal nor extension of this Lease nor give Tenant any rights in or to the Leased Premises except as expressly provided in this Paragraph. Any such holding over to which Landlord has consented shall be construed to be a tenancy from month to month, on the same terms and conditions herein specified insofar as applicable, except that beginning on (following the date that is thirty initial sixty (3060) days after the day holdover period has commenceddescribed above, if applicable) the Base Monthly Base Rent for any such holdover period shall be increased to be an amount equal to the greater of (i) one hundred fifty twenty-five percent (150125%) of the Base Monthly Base Rent in effect under this Lease payable during the last full month immediately prior to preceding such holdover, or (ii) holding over. Without limiting the then current fair market rental rate for the Premises, as reasonably determined by Landlordforegoing, in either the event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be dueholding over to which Landlord has consented, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under or obligations of Tenant set forth in this Lease and purporting to apply during the term of this Lease, shall nonetheless also be deemed to apply during any such hold over period. Tenant acknowledges that if Tenant holds over without Landlord’s consent, such holding over may compromise or as otherwise provided by lawaffect Landlord’s ability to enter into new leases with prospective tenants regarding the Leased Premises. If Therefore, if Tenant fails to surrender the Leased Premises upon the expiration or termination of this Lease (and following the initial sixty (60) day holdover period described above, if applicable), in accordance with the terms of this Paragraph 11 despite demand addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant agrees to promptly indemnify, shall protect, defend defend, indemnify and hold Landlord harmless from and against all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees and costs)claims resulting from such failure, including, without limitationlimiting the foregoing, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and any claims made by any succeeding tenant founded on or upon such failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrender. Tenant shall have the right to request that Landlord provide to Tenant a written notice setting forth Landlord’s estimate of the maximum amount of actual, special and consequential damages (including loss of profits, loss of business opportunity, loss of goodwill and loss of use) Building 3 (“Holding Over Damages”) that Landlord will incur as the result of Tenant’s failure to surrender the PremisesLeased Premises following the expiration of the Lease Term. Within ten (10) business days after receipt of such request, Landlord shall provide Tenant a written notice setting forth Landlord’s estimate of Holding Over Damages. Tenant acknowledges and agrees that such notice is nothing more than an estimate of Holding Over Damages delivered to Tenant on an accommodation basis only, and in no event shall such estimate be considered a limit on, liquidation of, or other measure of the actual Holding Over Damages which Landlord may incur as a result of any holding over by Tenant. The provisions of this Subparagraph 11(b) will survive the expiration Paragraph 13.2 shall not be deemed to limit or earlier termination constitute a waiver of this Leaseany other rights or remedies of Landlord provided herein or at law.

Holding Over. This Lease shall terminate without further notice on the Lease Expiration Date. Any holding over by Tenant will not be permitted to hold over possession after expiration of the Lease Term shall neither constitute a renewal nor extension of this Lease nor give Tenant any rights in or to the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, except as expressly provided in this Section 13.2. Any such holding over to which consent Landlord may withhold expressly consent in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant writing shall be subject construed to all of be a tenancy from month-to-month, on the terms, covenants same terms and conditions of this Lease, so far herein specified insofar as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Base Monthly Base Rent for any such holdover period shall be increased to be an amount equal to the greater of (i) one hundred fifty percent (150%) of the Base Monthly Base Rent in effect payable during the last full month immediately preceding the Lease Expiration Date and Tenant shall not have any rights whatsoever under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Article 15 below. Tenant acknowledges that if Tenant holds over one (1) day without Landlord's consent, such holding over may compromise or all thirty (30) daysotherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in In addition to all other rights and do not affect Landlord’s right of re-entry or any rights of remedies that Landlord has under this Lease or as otherwise provided by law. If at law or in equity (including, without limitation, the right to evict Tenant and regain possession of the Premises in accordance with applicable Law), if Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease, Tenant shall defend, indemnify and hold Landlord harmless from and against all Adverse Consequences resulting from Tenant's failure to surrender the Premises (in the condition required by this Lease) on or before the expiration or sooner termination of this Lease, except that Tenant shall not be required to indemnify Landlord for any lost rents with respect to the Premises if Tenant surrenders the Premises (in the condition required by this Lease) prior to the sixtieth (60th) day after the expiration or sooner termination of this Lease. Tenant's obligations under this Section 13.2 shall survive the expiration or sooner termination of this Lease.

Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) pay Landlord one hundred fifty percent (150%) of the Monthly Base Rent in effect and Additional Rent payable under this Lease immediately during the last full month prior to such holdoverthe date of the expiration of this Lease, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly per diem basis; provided, however, holdover rent for the first thirty (30) days each day Tenant shall retain possession of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day Premises or all thirty (30) days. Acceptance by Landlord of rent any part thereof after such expiration or earlier termination will not result in a renewal of this Lease, together with all damages sustained by Landlord on account thereof. The foregoing provisions of this Paragraph 11 are in addition shall not serve as permission for Tenant to and do not affect Landlord’s right of rehold-entry or any rights of Landlord under this Lease or as otherwise provided by law. If over, nor serve to extend the Term (although Tenant fails shall remain bound to surrender the Premises upon the expiration comply with all provisions of this Lease in accordance with until Tenant vacates the terms of this Paragraph 11 despite demand Premises) and Landlord shall have the right at any time thereafter to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend enter and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees and costs), including, without limitation, costs and expenses incurred by Landlord in returning possess the Premises to and remove all property and persons therefrom. Without limitation of the condition foregoing, if Tenant remains in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant’s failure to surrender possession of the Premises. The provisions of this Subparagraph 11(bPremises for more than fifteen (15) will survive days after the expiration or earlier termination of this Lease, Tenant shall indemnify, defend and hold Landlord harmless from and against all Claims incurred by or asserted against Landlord and arising directly or indirectly from Tenant’s failure to timely surrender the Premises or any portion thereof, including but not limited to (i) any rent payable by or any loss, cost, or damages (including lost business and profits), claimed by any prospective tenant of the Premises or any portion thereof, and (ii) Landlord’s damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of the Premises or any portion thereof by reason of such failure to timely surrender the Premises; provided, however, as a condition to Tenant’s indemnification obligations under this paragraph, Landlord shall give Tenant written notice of the existence of a prospective successor tenant for the Premises or any portion thereof, or the existence of any other matter which might give rise to a claim by Landlord under the foregoing indemnity, at least fifteen (15) days prior to the date Landlord shall require Tenant’s surrender of the Premises, and Tenant shall not be responsible to Landlord under the foregoing indemnity if Tenant shall surrender the Premises on or prior to the expiration of such fifteen (15) day period (it being agreed, however, that Landlord need not identify the prospective tenant by name in its notice, and it being further agreed that such notice may be given prior to the scheduled expiration date of this Lease); and provided, further, however, that Tenant’s indemnification obligations under this paragraph shall not apply with respect to claims or damages in connection with a prospective tenant unless Landlord shall have entered into a letter of intent with such prospective tenant, or exchanged an offer and counteroffer (including in the form of lease drafts) with such prospective tenant.

Holding Over. If Tenant will not be permitted to hold holds over possession after the expiration of the Premises after Lease Term or earlier termination thereof, such tenancy shall be a tenancy‑at‑sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in such DOCPROPERTY "Document number" 4879-3072-0534. DOCPROPERTY "Document version" 3 DOCPROPERTY "Client" 391132. DOCPROPERTY "Matter" 00001/ SAVEDATE \@ M-d-yy U48er IniP/ DOCPROPERTY "User Init" jll/ DOCPROPERTY "Typist Init" jll -21- DOCPROPERTY "Footer Notes" THE BEACON[Palisade Bio, Inc.] case Rent shall be payable at a daily rate equal to the product of (i) the daily Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) a percentage equal to 150% during the first two (2) months immediately following the expiration or earlier termination of the Term without Lease Term, and 200% thereafter. Such tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the express written consent right to require Tenant to surrender possession of Landlord, which consent the Premises to Landlord may withhold as provided in its sole and absolute discretionthis Lease upon the expiration or other termination of this Lease. If Tenant holds over after without Landlord's express written consent, and tenders payment of rent for any period beyond the expiration or earlier termination of the TermLease Term by way of check (whether directly to Landlord, Landlord mayits agents, at its optionor to a lock box) or wire transfer, treat Tenant as a tenant at sufferance only, acknowledges and agrees that the cashing of such continued occupancy by Tenant check or acceptance of such wire shall be subject to all of the terms, covenants considered inadvertent and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and construed as creating a minimum of a full month’s worth of holdover rent shall be due-to-month tenancy, whether provided Landlord refunds such payment to Tenant holds over one (1) day promptly upon learning that such check has been cashed or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Leasewire transfer received. The foregoing provisions of this Paragraph 11 are in addition Article 16 shall not be deemed to and do not affect Landlord’s right limit or constitute a waiver of re-entry any other rights or any rights remedies of Landlord under this Lease provided herein or as otherwise provided by at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease Lease, in accordance with the terms of this Paragraph 11 despite demand addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant agrees to promptly indemnify, shall protect, defend defend, indemnify and hold Landlord harmless from all claimsloss, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees reasonable attorneys' fees) and costs)liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and any claims made by any succeeding tenant founded on or resulting from Tenant’s 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. The provisions , whether before or after expiration of the Lease Term, shall be considered an action to enforce the terms of this Subparagraph 11(b) will survive Lease for purposes of the expiration or earlier termination awarding of this Leaseany attorney’s fees in connection therewith.

Holding Over. In the event that Tenant will shall not be permitted to hold over possession immediately surrender the Premises on the Termination Date, Tenant shall, by virtue of the Premises provisions hereof, become a tenant by the month. In such event, Tenant shall be required to pay a Base Rent equal to One Hundred Fifty Percent (150%) times the Base Rent required to be paid by Tenant immediately prior to the Termination Date. The Base Rent, as adjusted, shall be paid on a monthly basis beginning on the first day of each and every calendar month after the expiration or earlier termination of Termination Date. Such monthly tenancy shall commence with the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over first day next after the expiration or earlier termination Termination Date. Except as otherwise provided above with respect to the payment of the TermBase Rent, Landlord mayTenant shall, at its option, treat Tenant as a tenant at sufferance onlymonthly tenant, and such continued occupancy by Tenant shall be subject to all of the terms, covenants conditions, covenants, and conditions agreements of this Lease, so far as applicableincluding the obligation to pay Additional Rent on account of Taxes, except that beginning on the date that is thirty Insurance and Operating Expenses. Tenant shall give Landlord at least fifteen (3015) days written notice of any intention to quit the Premises, and Tenant shall be entitled to fifteen (15) days' written notice to quit the Premises. Notwithstanding the foregoing provisions of this Section 9.01, in the event that Tenant shall hold over after the holdover period has commencedTermination Date, and if Landlord shall desire to regain possession of the Monthly Base Premises on or after the Termination Date, then at any time prior to Landlord's acceptance of Rent for a particular month from Tenant as a monthly tenant hereunder, Landlord, at its option, may forthwith reenter and take possession of the Premises without process, or by any legal process in force in the State of Maryland. In the event of any such holdover period to which Landlord objects, Tenant shall be increased liable to Landlord for any and all damages incurred as a result of such holdover, and shall, in addition, pay to Landlord the reasonable value of the Premises, which is hereby agreed to be equal to the greater of (i) one hundred fifty percent One Hundred Fifty Percent (150%) of times the Monthly Base Rent in effect under this Lease and Additional Rent required to be paid by Tenant immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this LeaseTermination Date.

Holding Over. The Tenant will not be permitted shall have no right to hold over remain in possession of after the Termination Date. If the Tenant shall occupy the Demised Premises after the expiration or earlier termination of this Lease with the consent of the Term without Landlord (which consent shall be the express written consent obligation of Landlord, Tenant to obtain in writing prior to the Termination Date and which consent Landlord may withhold in its sole shall be under no obligation to give), and absolute discretionrent is accepted and collected from said Tenant, such occupancy and payment shall be construed as an extension of this Lease for a term of month-to-month only, from the date of such expiration. If In such event, if either Landlord or Tenant holds over desires to terminate said occupancy at the end of any month after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, the party so far as applicable, except that beginning on desiring to terminate the date that is thirty (30) days after same shall give the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all other party thirty (30) days' written notice to that effect. Acceptance If such occupancy continues after the aforesaid notice of termination, or if Tenant shall continue its occupancy after the Termination Date without obtaining Landlord's written consent, Tenant shall pay to Landlord, as partial damages, double the amount of both fixed annual rental (at the rate which was last in effect for the term) and all additional rent for the time, on a per diem basis, Tenant retains possession of the Demised Premises or any part thereof after termination of the term, together with all costs, expenses and damages incurred by Landlord and its agents to obtain possession from Tenant. Furthermore, if such occupancy continues after the aforesaid notice of rent termination, or if Tenant shall continue its occupancy after such expiration the Termination Date without obtaining Landlord's written consent, Tenant shall be liable to Landlord for any loss of rents and/or liability sustained by Landlord or earlier termination will not result its agents in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition connection with any subsequent tenancy which may have intended to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the occupy said Demised Premises upon at the expiration of this Lease in accordance with the terms term herein. The acceptance of this Paragraph 11 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 legal fees and costs), including, without limitation, costs and expenses incurred rent and/or additional rent by Landlord in returning the Premises shall not be deemed to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on create a new or resulting from Tenant’s failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Leaseadditional tenancy other than aforesaid.

Holding Over. If Tenant will not be permitted to hold over (directly or through any successor-in-interest of Tenant) remains in possession of all or any portion of the Premises after the expiration or earlier termination of the Term this Lease without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretionTenant’s continued possession shall be on the basis of a tenancy at the sufferance of Landlord. If Tenant holds over after the expiration or earlier termination of the TermIn such event, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject continue to comply with or perform all the terms and obligations of the terms, covenants and conditions of Tenant under this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period during Tenant’s holding over shall be increased to be equal to the greater of the then-fair market rent for the Premises (ias reasonably determined by Landlord) or one hundred fifty twenty-five percent (150125%) of the Monthly Base Rent payable in effect under this Lease immediately the last full month prior to such holdoverthe termination hereof. In addition to Rent, or (ii) the then current fair market rental rate Tenant shall pay Landlord for the Premises, as reasonably determined all damages proximately caused by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days reason of the holdover will not be prorated and a minimum Tenant’s retention of a full monthpossession. Landlord’s worth acceptance of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent Rent after such expiration or earlier termination will shall not result in constitute a renewal of this Lease. The foregoing provisions of , and nothing contained in this Paragraph 11 are in addition provision shall be deemed to and do not affect waive Landlord’s right of re-entry or any rights of Landlord under this Lease other right hereunder or as otherwise provided by at law. If Tenant fails to surrender acknowledges that, in Landlord’s marketing and re-leasing efforts for the Premises, Landlord is relying on Tenant’s vacation of the Premises upon on the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by LandlordExpiration Date. Accordingly, Tenant agrees to promptly shall indemnify, protect, defend and hold Landlord harmless from and against all claims, damages, judgments, suits, causes of actionliabilities, losses, liabilities, penalties, finescosts, expenses and costs (including legal 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 damages arising or resulting directly or indirectly from Tenant’s failure to timely surrender the Premises. The provisions , including (i) any loss, cost or damages suffered by, any prospective tenant of this Subparagraph 11(ball or any part of the Premises, and (ii) will survive Landlord’s damages as a result of such prospective tenant rescinding or refusing to enter into the expiration prospective lease of all or earlier termination any portion of this Leasethe Premises by reason of such failure of Tenant to timely surrender the Premises.

Holding Over. If Tenant will not be permitted to hold over remains in possession of the Premises after the expiration or earlier termination of the Term without this Lease with the express written consent of Landlord, which consent Landlord may withhold Tenant’s occupancy shall (unless otherwise expressly agreed to by the parties in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, writing) be a month-to-month tenancy at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be rent equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect and Additional Rent payable under this Lease immediately during the last full month prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days date of the holdover will not be prorated and a minimum expiration of a full this Lease. Except as provided in the preceding sentence, the month’s worth of holdover rent -to-month tenancy shall be dueon the terms and conditions of this Lease, whether Tenant holds over one (1) day except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or all thirty (30) daysany other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Acceptance by Landlord Landlord’s acceptance of rent after such expiration or earlier termination will holding over with Landlord’s written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender remains in possession of the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive after the expiration or earlier termination of this Lease without Landlord’s consent, Tenant’s continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Monthly Rent during the holdover period an amount equal to (i) for the first month of such holdover, one hundred fifty percent (150%) of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease and (ii) thereafter, such percentage shall increase to two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease.

Holding Over. If Tenant will not be permitted fails to hold over deliver possession of the Premises after on the expiration or earlier termination of the Term without the express written consent of LandlordTermination Date, which consent Landlord may withhold in its sole and absolute discretion. If Tenant but holds over after the expiration or earlier termination of this Lease without the Termexpress prior written consent of Landlord, Landlord may, at its option, treat Tenant such tenancy shall be construed as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of tenancy from month-to-month on the terms, covenants same terms and conditions of this Lease, so far as applicableare contained herein, except that beginning on the date that is thirty (30) days after Fixed Monthly Rent payable by Tenant during such period of holding over shall automatically increase as of the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased Termination Date to be an amount equal to the greater of (i) one hundred fifty percent (150%) for the initial sixty (60) days and two hundred percent (200%) thereafter of the Fixed Monthly Base Rent in effect under this Lease payable by Tenant the calendar month immediately prior to the date when Tenant commences such holdover, or holding over (ii) the then current fair market rental rate for "Holdover Rent"). Such Holdover Rent shall be paid during such period as Tenant retains possession of the Premises. However, as reasonably determined by Tenant's payment of such Holdover Rent, and Landlord's acceptance thereof, in either event prorated on shall not constitute a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance waiver by Landlord of rent after any of Landlord's rights or remedies with respect to such expiration holding over, nor shall it be deemed to be a consent by Landlord to Tenant's continued occupancy or earlier termination will not result in a renewal possession of this Leasethe Premises past the time period covered Tenant's payment of the Holdover Rent. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Furthermore, if Tenant fails to surrender the Premises upon the expiration deliver possession of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive Landlord upon the expiration or earlier termination 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 expenses) and liability resulting from such failure, including without limiting the foregoing, any claims made by any succeeding tenant arising out of Tenant's failure to so surrender, and any lost profits to Landlord resulting therefrom. Notwithstanding the provisions contained hereinabove regarding Tenant's liability for a continuing holdover, Landlord agrees to use commercially reasonable efforts to insert into any future lease of another tenant proposing to occupy the Premises provisions similar to those contained in Section 2.1, permitting mitigation of Tenant's damages arising out of Tenant's temporary holdover.

Holding Over. If Tenant will not be permitted to hold over remains in possession of the Premises after the expiration Term expires or earlier termination is otherwise terminated without executing a new lease but with Landlord’s prior written consent, then unless provided otherwise by Landlord in such written consent (a) Tenant is deemed to be occupying the Premises as a tenant from month-to-month, subject to all provisions, conditions and obligations of this Lease applicable to a month-to-month tenancy, (b) Basic Rent during the holdover period will equal 125% of the greater of the Basic Rent payable by Tenant in the last year of the Term without or Landlord’s then current basic rent for the express Premises according to Landlord’s rental rate schedule for prospective tenants, (c) Tenant will also pay Tenant’s Share of Property Expenses and all other Additional Rent applicable to such holdover period as described in this Lease, and (d) either Landlord or Tenant may terminate the month-to-month tenancy at any time upon 30 days prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretionnotice to the other party. If Tenant holds over remains in possession of the Premises after the expiration Term expires or earlier termination is otherwise terminated without executing a new lease and without Landlord’s prior written consent, then Tenant is deemed to be occupying the Premises without claim of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be right (but subject to all of the termsprovisions, covenants conditions and conditions obligations of this Lease) and, so far in addition to Tenant’s liability for failing to surrender possession of the Premises as applicableprovided in Section 16.1 and all other rights and remedies of Landlord related to such holding over, except that beginning on the date that is thirty (30) days Tenant will pay Landlord a charge for each day of occupancy after the holdover period has commencedTerm in an amount equal to 200% of the Basic Rent payable by Tenant in the last year of the Term (on a daily basis), the Monthly Base plus Tenant’s Share of Property Expenses and all other Additional Rent for any applicable to such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent as described in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. Tenant will shall have the right, by written notice given to Landlord given not be permitted later thirty (30) days prior to the scheduled expiration of the then-effective Term (the “Approved Holdover Notice”), time being of the essence in connection therewith, to hold over possession of at the Premises after on a month-to-month basis for up to a total of three (3) months (the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion“Approved Holdover Period”). If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued Such occupancy by Tenant shall be subject to all the terms and provisions of this Lease applicable during the final year of the termsthen-effective Term, covenants including as to Minimum Monthly Rent and conditions Additional Rent. After delivery of this Leasethe Approved Holdover Notice, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period Tenant shall be increased deemed to be equal have elected to remain at the greater of (i) one hundred fifty percent (150%) of Premises for the Monthly Base Rent in effect under this Lease immediately prior entire Approved Holdover Period, provided that Tenant may elect to terminate such holdover, or (ii) effective at the then current fair market rental rate for end of any calendar month during the PremisesApproved Holdover Period, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all upon at least thirty (30) days’ prior written notice to Landlord. Acceptance by Landlord of rent after such expiration or earlier Notwithstanding anything to the contrary elsewhere herein, Tenant shall have no right to hold over at the Premises following termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition Lease pursuant to Articles 10, 12, 25, or 26, and do not affect LandlordTenant’s right of re-entry or any rights of Landlord under this Lease paragraph shall not advance, delay, or as otherwise provided affect the deadline by lawwhich Tenant must exercise its Extension Term Option. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease (or upon expiration of the Approved Holdover Period, if Tenant has duly elected same pursuant to this paragraph), occupancy of the Premises thereafter shall be that of a tenancy at sufferance, subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to 125% of the Minimum Annual Rent due for the period immediately preceding the holdover, plus 100% of all Additional Rent. Except with respect to the Approved Holdover Period, (i) no holdover by Tenant or payment by Tenant after the expiration or early termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise, and (ii) nothing herein shall be construed as consent to such holding over.

Holding Over. If Tenant will not be permitted to hold over shall for any reason remain in possession of the Premises Leased Property after the expiration or earlier termination of the Term without the express written consent consent, or other than at the request, of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant such possession shall be as a month-to-month tenant at sufferance onlyduring which time Tenant shall pay as Base Rent each month a fair market rental as reasonably determined by Landlord (provided that in the event Tenant disputes the reasonableness of such determination, the fair market rental shall be determined by an Expert pursuant to the terms of Article XXXIV hereof) then multiplied by 200%, together with all Additional Charges and all other sums payable by Tenant pursuant to this Lease. During such continued occupancy by period of month-to-month tenancy, Tenant shall be subject obligated to perform and observe all of the terms, covenants and conditions of this Lease, so far as applicablebut shall have no rights hereunder other than the right, except that beginning on to the date that is thirty extent given by law to month-to-month tenancies, to continue its occupancy and use of the Leased Property and/or any Tenant Capital Improvements. Notwithstanding anything herein to the contrary, if Tenant remains in possession of the Property after the expiration or termination of the Term, with Landlord’s consent or at Landlord’s request, then Termination Date shall automatically and repeatedly be extended for additional terms of three (303) calendar months, unless either Landlord or Tenant sends a written notice at least ninety (90) days after prior to the holdover period has commenced, then natural expiration of the Monthly Base Rent Term that it does not want the Lease to automatically renew for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord3 calendar month period, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon which case following the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlordsuch ninety (90) day period, Tenant agrees to promptly indemnifyshall thereafter be deemed in possession of the Leased Premises without Landlord’s consent and the provisions set forth in this Section 19.1 shall apply. Nothing contained herein shall constitute the consent, protectexpress or implied, defend and hold of Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees and costs), including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which holding over of 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 provisions of this Subparagraph 11(b) will survive after the expiration or earlier termination of this Lease.

Holding Over. If Tenant will holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term, and in such case, for the first sixty (60) days of such holdover by Tenant, Rent shall be permitted payable at a monthly rate equal to hold one hundred twenty-five percent (125%) of the Rent applicable during the last rental period of the Lease Term under this Lease. Following the expiration of such 60-day period, Tenant shall pay Rent at a monthly rate equal to one hundred fifty percent (150%) of the Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. For purposes of this Article 16, a holding over possession of shall include, without limitation, (i) Tenant’s remaining in the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Lease Term, Landlord mayas required pursuant to the terms of Section 8.5, at its optionabove, treat Tenant as a tenant at sufferance onlyto remove any Alterations or improvements located within the Premises (including, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commencedwithout limitation, the Monthly Base Rent for any such holdover period shall be increased to be equal to Tenant Improvements) and replace the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdoversame as requested by Landlord with building standard tenant improvements, or (ii) Tenant’s failure to remove items and restore the then current fair market rental rate for Premises as required in Article 15, above. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days right to require Tenant to surrender possession of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Premises to Landlord of rent after such as provided in this Lease upon the expiration or earlier other termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition Article 16 shall not be deemed to and do not affect Landlord’s right limit or constitute a waiver of re-entry any other rights or any rights remedies of Landlord under this Lease provided herein or as otherwise provided by at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease Lease, in accordance with the terms of this Paragraph 11 despite demand addition to do so by Landlord, any other liabilities to Landlord accruing therefrom. Tenant agrees to promptly indemnify, shall protect, defend defend, indemnify and hold Landlord harmless from all claimsloss, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees reasonable attorneys’ fees) and costs)liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and any claims made by any succeeding tenant founded on or resulting from Tenant’s upon such failure to surrender the Premisesand any lost profits to Landlord resulting therefrom. The provisions A termination or non-renewal of this Subparagraph 11(b) will survive Lease is not intended to be and shall not be deemed to be a breach of the expiration or earlier termination covenant of this Leasegood faith and fair dealing.

Holding Over. If, with Landlord’s express written consent, Tenant will not retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be permitted subject to hold over 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 ActiveUS 179671324v.10 upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord and Tenant may agree, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If (A) Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as shall become a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of upon the terms, covenants and conditions terms of this Lease, so far as applicable, Lease except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period monthly rental shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) % of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) during the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) last 30 days of the holdover will Term (plus 100% of all other Additional Rent due under the Lease at the rate specified in the Lease), and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages; and provided that, unless Landlord gave written notice to Tenant at least 30 days before the expiration of the Term that a subsequent tenant would be leasing the Premises or any part thereof and that Landlord reasonably anticipates holding over, even for less than 30 days, is reasonably likely to impact Landlord’s delivery schedule to such new tenant, Tenant shall be responsible for consequential damages only once Tenant’s holding over exceeds 30 days. 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 prorated and a minimum construed as consent for Tenant to retain possession of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) daysthe Premises. Acceptance by Landlord of rent Rent after such the expiration of the Term or earlier termination will of this Lease shall not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination reinstatement of this Lease.

Holding Over. If Tenant will not be permitted to hold or Tenant’s Visitors holds over possession of the Premises after beyond the expiration or earlier termination of this Lease, such holding over will not be deemed to extend the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds or renew this Lease but such holding over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of will continue upon the terms, covenants and conditions of this Lease, so far as applicable, Lease except that beginning on the date charge for use and occupancy of the Premises for each calendar month or portion thereof that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall Tenant or Tenant’s Visitors holds over will be increased to be a liquidated sum equal to one-twelfth (1/12th) of the greater Applicable Holdover Percentage of the Basic Rent and Additional Rent during the twelve (12) month period preceding the expiration or earlier termination of this Lease. The “Applicable Holdover Percentage” means (i) one hundred fifty percent (150%) of the Monthly Base Basic Rent in effect under this Lease immediately prior to such holdoverand one hundred percent (100%) of the Additional Rent for the first ninety (90) days following the Termination Date, or and (ii) two hundred percent (200%) of both the then current fair market rental rate Basic Rent and Additional Rent for all periods from and after the Premisesninetieth (90th) day after the Termination Date. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant or any assignee, as reasonably determined by subtenant or licensee 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. Without limiting Landlord’s other remedies under this Lease, in either event prorated on a monthly basis; provided, however, holdover rent for EXHIBIT 10.57 if the first thirty Premises are not surrendered within sixty (3060) days of after the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by LandlordTermination Date, Tenant agrees to promptly shall indemnify, protect, defend and hold harmless Landlord harmless from against any and all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses losses and costs (including legal fees and costs)liabilities resulting therefrom, including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and any claims founded upon such delay made by any succeeding tenant founded on tenant, provided that Landlord has notified Tenant that Landlord has executed a lease for all or resulting from Tenant’s failure to surrender any portion of the Premises. Nothing contained in this Lease will be construed as a consent by Landlord to the occupancy or possession of the Premises beyond the expiration or earlier termination of this Lease. Tenant shall, at its sole cost and expense, take all actions required to remove any assignee, subtenant or licensee of Tenant, or other party claiming rights to the Premises under or through Tenant upon the expiration or earlier termination of the Term. The provisions of this Subparagraph 11(b) Article 24 will survive the expiration or earlier termination of this Lease.

Holding Over. Tenant will not be permitted to hold over possession This Lease shall terminate without further notice upon the expiration of the Premises Term, and any holding over by Tenant after the expiration shall not constitute a renewal or earlier termination extension of the Term without the express written consent of Landlordthis Lease, which consent Landlord may withhold or give Tenant any rights under this Lease, except when in its sole and absolute discretionwriting signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination termination) of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and such continued occupancy neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms, covenants and conditions terms of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period monthly rental shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent total monthly rental for the month immediately preceding the date of termination, subject to Landlord’s right to modify same upon sixty (60) days notice to Tenant. The acceptance by Landlord of monthly hold-over rental in effect under a lesser amount shall not constitute a waiver of Landlord's right to recover the full amount due unless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises within fifteen days after the expiration of this Lease immediately prior despite demand to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined do so by Landlord, in either event prorated on a monthly basis; providedTenant shall indemnify and hold Landlord harmless from all loss or liability, howeverincluding without limitation, holdover rent for any claims made by any succeeding tenant relating to such failure to surrender. Notwithstanding the first thirty (30) days of the holdover will foregoing, Tenant shall not be prorated and a minimum obligated to waive any claims against Landlord (other than for loss or damage to Tenant’s business) for its failure to surrender the Premises where such loss or damage is due to the negligence or willful misconduct of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this LeaseLandlord. The foregoing provisions of this Paragraph 11 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 as otherwise provided by at law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. If Tenant will not be permitted to hold holds over possession of the Premises after the expiration or earlier termination 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 three hundred percent (300%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. If Tenant holds over after the expiration of the Lease Term without the express written consent of Landlord, which consent Landlord may withhold such tenancy shall be a tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination such case daily damages in any action to recover possession of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant Premises shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be calculated at a daily rate equal to the greater of (i) for the first (1st) two (2) months of such holdover, one hundred fifty percent (150%) of the Monthly Base Rent in effect applicable during the last rental period of the Lease Term under this Lease immediately prior to such holdover(calculated on a per diem basis), or and (ii) thereafter, two hundred percent (200%) of the then current fair market Base Rent applicable during the last rental rate for period of the Premises, as reasonably determined by Landlord, in either event prorated Lease Term under this Lease (calculated on a monthly per diem basis; provided), howeverand in each instance, holdover rent for one hundred percent (100%) of all other Additional Rent due under this Lease (calculated on a per diem basis). Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the first thirty (30) days right to require Tenant to vacate and deliver possession of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Premises to Landlord of rent after such as provided in this Lease upon the expiration or earlier other termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition Article 16 shall not be deemed to and do not affect Landlord’s right limit or constitute a waiver of re-entry any other rights or any rights remedies of Landlord under this Lease provided herein or as otherwise provided by at law. If Tenant holds over without Landlord's express written consent, and tenders payment of rent for any period beyond the expiration of the Lease Term by way of check (whether directly to Landlord, its agents, or to a lock box) or wire transfer, Tenant acknowledges and agrees that the cashing of such check or acceptance of such wire shall be considered inadvertent and not be construed as creating a month-to-month tenancy, provided Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. Tenant acknowledges that any holding over without Landlord's express written consent may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender vacate and deliver the Premises upon the termination or expiration of this Lease Lease, in accordance with the terms of this Paragraph 11 despite demand addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant agrees to promptly indemnify, shall protect, defend defend, indemnify and hold Landlord harmless from and against all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal 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 upon such failure to vacate and deliver, and any losses suffered by Landlord, including lost profits and damages, resulting from Tenant’s such failure to surrender vacate and deliver. Tenant agrees that any proceedings necessary to recover possession of the Premises. The provisions , whether before or after expiration of the Lease Term, shall be considered an action to enforce the terms of this Subparagraph 11(b) will survive Lease for purposes of the expiration or earlier termination awarding of this Leaseany attorney's fees in connection therewith.

Holding Over. This Lease and the tenancy hereby created shall cease and expire at the end of the Initial Lease Term, or, if applicable, at the expiration of any renewal period(s), without the necessity of any notice of termination from either Landlord or Tenant, and Tenant will not be permitted hereby waives any statutorily or otherwise required notice to hold over remove, quit or vacate. If Tenant holds possession of the Leased Premises after the expiration or earlier sooner termination of this Lease for any reason, Tenant shall be deemed to be a tenant-at-will and Tenant shall pay Landlord 150% of the Term Rent (including, without limitation, base or Annual Rent, Additional Rent and any taxes or operating or maintenance costs pass-through to the express written consent Tenant under the terms of this Lease) reserved in this Lease for such period of time as Tenant remains in possession of the Leased Premises; but such payment of rent shall not create any lease arrangement whatsoever between Landlord and Tenant. During such period, Landlord shall retain all of Landlord's rights under this Lease and shall be entitled to the benefit of any law respecting summary recovery of possession of leased premises from a tenant holding over regardless of whether or not any required statutory notice to quit, which consent Landlord may withhold in its sole and absolute discretionvacate or surrender has been given by Landlord. If Tenant holds over after the Leased Premises be not surrendered at the expiration or earlier sooner termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period then Tenant shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless against all loss, claim, expense or liability resulting from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees and costs)the delay by Tenant in so surrendering the Leased Premises, including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and any claims made by any succeeding tenant occupant founded on or resulting from such delay. Tenant’s failure to surrender the Premises. The provisions of 's obligations under this Subparagraph 11(b) will Section shall survive the expiration of the Lease Term (including renewal(s)) or the earlier termination of this Lease.

Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) pay Landlord one hundred fifty percent (150%) of the Monthly Base Rent in effect and Additional Rent payable under this Lease immediately during the last full month prior to such holdoverthe date of the expiration of this Lease, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly per diem basis; provided, however, holdover rent for the first thirty (30) days each day Tenant shall retain possession of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day Premises or all thirty (30) days. Acceptance by Landlord of rent any part thereof after such expiration or earlier termination will not result in a renewal of this Lease, together with all damages sustained by Landlord on account thereof. The foregoing provisions of this Paragraph 11 are in addition shall not serve as permission for Tenant to and do not affect Landlord’s right of rehold-entry or any rights of Landlord under this Lease or as otherwise provided by law. If over, nor serve to extend the Term (although Tenant fails shall remain bound to surrender the Premises upon the expiration comply with all provisions of this Lease in accordance with until Tenant vacates the terms of this Paragraph 11 despite demand Premises) and Landlord shall have the right at any time thereafter to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend enter and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees and costs), including, without limitation, costs and expenses incurred by Landlord in returning possess the Premises to and remove all property and persons therefrom. Without limitation of the condition foregoing, if Tenant remains in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant’s failure to surrender possession of the Premises. The provisions of this Subparagraph 11(bPremises for more than ten (10) will survive days after the expiration or earlier termination of this Lease, Tenant shall indemnify, defend and hold Landlord harmless from and against all Claims incurred by or asserted against Landlord and arising directly or indirectly from Tenant’s failure to timely surrender the Premises or any portion thereof, including but not limited to (i) any rent payable by or any loss, cost, or damages (excluding lost business and profits), claimed by any prospective tenant of the Premises or any portion thereof, and (ii) Landlord’s damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of the Premises or any portion thereof by reason of such failure to timely surrender the Premises; provided, however, as a condition to Tenant’s indemnification obligations under this paragraph, Landlord shall give Tenant written notice of the existence of a prospective successor tenant for the Premises or any portion thereof, or the existence of any other matter which might give rise to a claim by Landlord under the foregoing indemnity, at least ten (10) days prior to the date Landlord shall require Tenant’s surrender of the Premises, and Tenant shall not be responsible to Landlord under the foregoing indemnity if Tenant shall surrender the Premises on or prior to the expiration of such ten (10) day period (it being agreed, however, that Landlord need not identify the prospective tenant by name in its notice, and it being further agreed that such notice may be given prior to the scheduled expiration date of this Lease); and provided, further, however, that Tenant’s indemnification obligations under this paragraph shall not apply with respect to claims or damages in connection with a prospective tenant unless Landlord shall have entered into a letter of intent with such prospective tenant, or exchanged an offer and counteroffer (including in the form of lease drafts) with such prospective tenant.

Holding Over. If Tenant will not be permitted fails to hold over possession vacate and surrender occupancy of the Leased Premises after upon the expiration or earlier termination of the Term without in accordance with the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions terms of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period Tenant’s occupancy shall be increased to be equal to the greater deemed a tenancy at sufferance at a rental rate of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect previously payable under this Lease Lease, per diem. If Tenant becomes a tenant at sufferance pursuant to the foregoing, Tenant shall vacate the Leased Premises immediately prior at any time upon Landlord’s demand and, provided that Landlord has delivered written notice to such holdoverTenant that Landlord has entered into a lease with a third party for all or any portion of the Leased Premises that Tenant continues to occupy, or then after a period of twenty (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (3020) days of Tenant’s continued possession of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by LandlordLeased Premises, Tenant agrees to promptly indemnify, protect, defend and hold shall also indemnify Landlord harmless from against all claims, damages, judgments, suits, causes claims for damages against Landlord as a result of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees and costs)Tenant’s possession of the Leased Premises, including, without limitation, costs and expenses incurred claims for damages by such third party tenant to whom Landlord in returning leased the Premises to the condition in which Tenant was to surrender it and claims made by Leased Premises, or any succeeding tenant founded on or resulting from Tenant’s failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive portion thereof, for a term commencing after the expiration or earlier termination of this Lease. Notwithstanding anything in this Lease to the contrary, provided Tenant shall provide Landlord with not less than nine (9) month’s prior written notice and Tenant is not in Default under this Lease at the time it provides such notice to Landlord or at the then-current expiration date of the Lease Term, Tenant shall have the right to remain in the Leased Premises for a period of six (6) months after the expiration of the then-current Lease Term subject to payment of monthly Rent (excluding any holdover premium) for each month of such occupancy at the rate applicable to the last month of the Lease Term, together with all Additional Rent and other sums payable during such period of occupancy; provided, further, during such period of occupancy, Landlord shall have no right to evict Tenant from the Leased Premises or otherwise obtain occupancy of the Leased Premises provided that Tenant is not in Default under this Lease.

Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) pay Landlord one hundred fifty percent (150%) of the Monthly Base Rent in effect and Additional Rent payable under this Lease immediately during the last full month prior to such holdoverthe date of the expiration of this Lease, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly per diem basis; provided, however, holdover rent for the first thirty (30) days each day Tenant shall retain possession of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day Premises or all thirty (30) days. Acceptance by Landlord of rent any part thereof after such expiration or earlier termination will not result in a renewal of this Lease, together with all damages sustained by Landlord on account thereof. The foregoing provisions of this Paragraph 11 are in addition shall not serve as permission for Tenant to and do not affect Landlord’s right of rehold-entry or any rights of Landlord under this Lease or as otherwise provided by law. If over, nor serve to extend the Term (although Tenant fails shall remain bound to surrender the Premises upon the expiration comply with all provisions of this Lease in accordance with until Tenant vacates the terms of this Paragraph 11 despite demand Premises) and Landlord shall have the right at any time thereafter to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend enter and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees and costs), including, without limitation, costs and expenses incurred by Landlord in returning possess the Premises to and remove all property and persons therefrom. Without limitation of the condition foregoing, if Tenant remains in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant’s failure to surrender possession of the Premises. The provisions of this Subparagraph 11(bPremises for more than fifteen (15) will survive days after the expiration or earlier termination of this Lease, Tenant shall indemnify, defend and hold Landlord harmless from and against all Claims incurred by or asserted against Landlord and arising directly or indirectly from Tenant's failure to timely surrender the Premises or any portion thereof, including but not limited to (i) any rent payable by or any loss, cost, or damages (including lost business and profits), claimed by any prospective tenant of the Premises or any portion thereof, and (ii) Landlord's damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of the Premises or any portion thereof by reason of such failure to timely surrender the Premises; provided, however, as a condition to Tenant's indemnification obligations under this paragraph, Landlord shall give Tenant written notice of the existence of a prospective successor tenant for the Premises or any portion thereof, or the existence of any other matter which might give rise to a claim by Landlord under the foregoing indemnity, at least fifteen (15) days prior to the date Landlord shall require Tenant's surrender of the Premises, and Tenant shall not be responsible to Landlord under the foregoing indemnity if Tenant shall surrender the Premises on or prior to the expiration of such fifteen (15) day period (it being agreed, however, that Landlord need not identify the prospective tenant by name in its notice, and it being further agreed that such notice may be given prior to the scheduled expiration date of this Lease); and provided, further, however, that Tenant's indemnification obligations under this paragraph shall not apply with respect to claims or damages in connection with a prospective tenant unless Landlord shall have entered into a letter of intent with such prospective tenant, or exchanged an offer and counteroffer (including in the form oflease drafts) with such prospective tenant.

Holding Over. Tenant will not be permitted Article 21 of the Master Lease grants to hold Sublessor certain rights in connection with holding over in possession of the Premises after the following expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Master Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal fees and costs), including, without limitation, costs the right to holdover in the Premises for up to six (6) months upon eighteen (18) months prior notice to Master Landlord (collectively, “Holdover Rights”). The Parties acknowledge and expenses incurred by agree that Sublessee shall succeed to and enjoy the exclusive right to exercise the Holdover Rights. Should Sublessee elect to exercise the Holdover Rights, it shall provide notice to Master Landlord in returning the Premises manner required by Article 21 of the Master Lease and, pursuant to its obligations under its SNDA, Master Landlord shall recognize Sublessee in lieu of Sublessor with respect thereto, subject to, and in accordance with, the applicable terms and conditions of the Master Lease. Master Landlord has consented to the condition in which Tenant was foregoing pursuant to surrender it its SNDA. Notwithstanding anything to the contrary, the foregoing right(s) shall revert exclusively to Sublessor, Sublessee shall have no further right to exercise the same, and claims made Master Landlord’s agreement with respect thereto shall terminate and expire, upon the earlier to occur of (i) August 23, 2035 or (ii) Master Landlord’s receipt of a Notice of Termination. Sublessor covenants and agrees not to deliver a Notice of Termination to Master Landlord prior to: (i) the occurrence of an Event of Default by any succeeding tenant founded on or resulting from Tenant’s failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive Sublessee (including the expiration of any applicable notice and/or cure periods provided herein) which entitles Sublessor to terminate this Sublease; (ii) Sublessee’s receipt of written notice of Sublessor’s election to terminate this Sublease; and (iii) the expiration of a period of ten (10) days following Sublessee’s receipt of such notice of election to terminate. Should Sublessor improperly send a Notice of Termination, the same shall constitute an immediate event of default under this Sublease (without the benefit of any notice or earlier termination of this Leasecure periods otherwise provided for in Section 16.2 above) and Sublessee shall have all rights and remedies available to it hereunder, at law or in equity, including, without limitation, injunctive relief.

Holding Over. In the event Tenant will not be permitted desires to hold over possession of the Premises holdover after the expiration or earlier termination of the initial Term of this lease and Tenant does not elect to exercise its Extension Term rights, as such Term may be extended (as described in Special Stipulation No. 7 in Exhibit H), Tenant shall have the right, upon not less than eighteen (18) months prior written notice to holdover for a period not to exceed six (6) months (the “Holdover Period”), the length of such Holdover Period to be designated in Tenant’s election notice. During the Holdover Period, Tenant shall pay to Landlord one hundred percent (100%) of the then current rent (including, without limitation, all Base Rental, Tenant’s Forecast Additional Rental and Tenant’s Additional Rental Adjustment as would have been payable if this lease had not so expired) for the express written consent of Landlordentire Holdover Period but Tenant shall not be liable for any holdover premium or penalty; provided, which consent Landlord may withhold in its sole and absolute discretion. If however, during the Holdover Period, Tenant holds over after shall have the right to terminate the Holdover Period prior to the expiration thereof by providing Landlord written notice of such election to terminate at least sixty (60) days prior to the proposed termination date. Should Tenant terminate the Holdover Period early, as set forth herein, Base Rental, Tenant’s Forecast Additional Rental and Tenant’s Additional Rental Adjustment shall be prorated for any partial month. In the event Tenant fails to timely notify Landlord as set forth above or earlier termination if Tenant elects to holdover for the Holdover Period but does not vacate the Premises at the end of the Termsuch Holdover Period, Landlord maythen in any of such events, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the termspay as liquidated damages, covenants and conditions of this Leasesolely for such unauthorized holding over, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days amount of the holdover will not be prorated and a minimum of a full month’s worth of holdover then-current rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal fees and costs), including, without limitation, costs all Base Rental, Tenant’s Forecast Additional Rental and expenses incurred Tenant’s Additional Rental Adjustment as would have been payable if this lease had not so expired), and Tenant shall also indemnify Landlord against all claims for damages by any other tenant to whom Landlord in returning shall have leased all or any part of the Premises to effective upon 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Leaselease. No holding over by Tenant after the initial Term or any applicable Extension Term of this lease shall be construed to extend this lease other than for the Holdover Period on the foregoing terms.

Holding Over. If Tenant will not be permitted to hold over or anyone claiming by, through or under Tenant shall remain in possession of all or any part of the Premises (which shall include Tenant’s failure to comply with Section 5.5(e) of this Lease or a failure by Tenant to remove any Tenant’s Removable Property or Alterations as required under this Lease) after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period holding over shall be increased to be treated as a daily tenancy at sufferance at a Basic Rent equal to the greater of (i) the fair market rental rate for the Premises based upon the most recent comparable transactions for the Building and in transactions for comparable space on the same floor or above in Comparable Buildings, and (ii) (y) one hundred fifty percent (150%) of the Monthly Base Basic Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent last rental period of the Term for the first thirty (30) days of Tenant’s holdover, then (z) two hundred percent (200%) of the holdover will not be Basic Rent in effect for the last rental period of the Term for the period following the first thirty (30) days of Tenant’s holdover, in all events plus Expense Charges and other Additional Rent herein provided (prorated and on a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds daily basis). If any such holding over one (1) day or all continues for more than thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are , then, in addition to and do not affect Landlord’s right of re-entry or any rights of other liabilities to Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlordaccruing therefrom, Tenant agrees to promptly indemnify, shall protect, defend defend, indemnify and hold Landlord harmless from all claimsloss, costs and damages, judgmentsdirect and/or indirect, suits, causes sustained by reason of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees and costs)any such holding over, 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 and loss of any succeeding tenant founded on or resulting from Tenant’s arising out of such failure to timely surrender possession in the Premisescondition required under this Lease. In all other respects, such holding over shall be on the terms and conditions set forth in this Lease as far as applicable (and excluding any extension, expansion or rights of first offer of tenant) in the Lease. Nothing contained in this Article 12 shall be construed as a consent by Landlord to any holding over by Tenant, and Landlord shall have the right to immediately terminate such holding over pursuant to applicable Law. The provisions of this Subparagraph 11(b) will survive the expiration Article 12 shall not be deemed to limit or earlier termination constitute a waiver of this Leaseany other rights or remedies of Landlord provided herein or at law.

Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, provides Landlord may, with written notice ("HOLDOVER NOTICE") at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is least thirty (30) days prior to expiration of the Lease Term (or any applicable Extension Term) that Tenant will be holding over in the Premises, Tenant shall have the right (and, subject to the grace periods described below, the obligation) to hold over after the expiration of the Lease Term until the date ("HOLDOVER NOTICE DATE") specified in such Holdover Notice (but not in excess of one hundred twenty (120) days after the expiration of the Lease Term or applicable Extension Term). Any holdover period has commencedtenancy (including without limitation, any holdover tenancy pursuant to a Holdover Notice) shall be subject to every applicable term, covenant and agreement contained herein, except that the Monthly Base Rent payable by Tenant for any the Premises (irrespective of the amount of space Tenant continues to occupy in the Building) shall be escalated to equal one hundred ten percent (110%) of the then current Base Rent and Direct Expenses payments for the entire Premises for the first ninety (90) days of such holdover period occupancy and one hundred twenty-five percent (125%) of such amount during the next succeeding ninety (90) days and from and after such one hundred eighty (180) day period, Rent shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basisamount thereafter; provided, however, subject to the next sentence of this Article 16, such holdover rent for the first thirty (30) days of the holdover will not Rent and Additional Rent shall be prorated on a per diem basis through and a minimum of a full month’s worth of holdover rent shall be due, whether including the date ("ACTUAL SURRENDER DATE") Tenant holds over one (1) day or all thirty (30) days. Acceptance by actually vacates and surrenders the Premises to Landlord of rent after such expiration or earlier termination will not result in a renewal of the condition required under this Lease. If Tenant properly delivers the Holdover Notice and the Actual Surrender Date (a) is earlier than the Holdover Notice Date by forty-five (45) days or less, Tenant's obligation to pay such holdover Rent and Additional Rent shall terminate on a per diem basis as of the Actual Surrender Date, however if the Actual Surrender Date is earlier than forty-five (45) days prior to the Holdover Notice Date, Tenant's holdover Rent and Additional Rent shall cease as of the date which is forty-five (45) days prior to the PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Holdover Notice Date, or (b) is later than the Holdover Notice Date, Tenant's obligation to pay holdover Rent and Additional Rent shall cease as of the Actual Surrender Date, provided that Tenant shall have no right to holdover beyond the earlier to occur of fifteen (15) days after the Holdover Notice Date or the expiration of the one hundred twenty (120) period specified in the first sentence of this Article 16 above. By way of example only, and not as a limitation upon the foregoing, if the Holdover Notice indicates that the Holdover Notice Date is ninety (90) days after the expiration of the Lease Term or applicable Extension Term, Tenant shall be permitted to holdover until the date which is one hundred five (105) days after the expiration of the Lease Term or applicable Extension Term and Tenant's obligation to pay holdover Rent and Additional Rent shall be prorated on a per diem basis until the later of the forty-fifth (45th) day after the expiration of the Lease Term or applicable Extension Term or the Actual Surrender Date. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant (except as expressly provided in this Article 16 above), and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration of the Lease Term (or the period specified in clause 16(b) above, as applicable). The foregoing provisions of this Paragraph 11 are in addition Article 16 shall not be deemed to and do not affect Landlord’s right limit or constitute a waiver of re-entry any other rights or any rights remedies of Landlord under this Lease provided herein or as otherwise provided by at law. If Tenant fails to surrender the Premises upon within the expiration of period specified in this Lease Article 16 above, in accordance with the terms of this Paragraph 11 despite demand addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant agrees to promptly indemnify, shall protect, defend defend, indemnify and hold Landlord harmless from all claimsloss, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees reasonable attorneys' fees) and costs)liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and any claims made by any succeeding tenant founded on or resulting from Tenant’s upon such failure to surrender (including such tenant's lost profits) and any lost profits to Landlord resulting therefrom, provided Landlord promptly notified Tenant in writing of any lease or signed letter of intent for all or any portion of the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Holding Over. Unless Landlord expressly consents in writing to Tenant’s holding over, Tenant will shall be only a Tenant al, sufferance whether or not be permitted to hold Landlord accepts any Rent front Tenant or any other person while Tenant is holding over without Landlord’s written consent. If Tenant shall retain possession of the Premises after or any portion thereof (a) with Landlord’s consent then Tenant shall become a tenant from month to month upon the terms herein specified at a monthly rental equivalent to the then prevailing; monthly Rent payable by Tenant at the expiration or earlier termination of the Term term or this lease, or (h) without the express written landlord’s consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after following the expiration of this Lease or earlier sooner termination of the Termfor any reason, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by then Tenant shall be subject pay to all landlord for each day of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) retention one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately amount or daily rental as of the last month prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days date of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Leasetermination. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly shall also indemnify, protectdefend, defend protect and hold Landlord landlord harmless from all claimsany loss, damagesliability or cost, judgmentsincluding reasonable attorneys’ fees, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees and costs)resulting from delay by Tenant in surrendering the Premises, including, without limitation, costs and expenses incurred any actual damages proven by the succeeding tenant feed to have been suffered as a result of such delay. Acceptance of Rent by Landlord following expiration or earlier termination shall not constitute a renewal of this lease, and nothing contained in returning this Paragraph 25 shall waive landlord’s right of reentry or any other right. Additionally, in the event that upon expiration or earlier termination of this Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of lire Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to the condition in which Tenant was to surrender perform any such obligations as it and claims made by any succeeding tenant founded on or resulting from deems reasonably necessary at Tenant’s failure sole cost and expense, and any time reasonably required by Landlord to surrender complete such obligations shall be considered a period of holding over and the Premisesterms of this Paragraph 25 shall apply. The provisions of this Subparagraph 11(b) will Paragraph 25 shall survive the any expiration or earlier termination of this Lease.

Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty twenty-five percent (150125%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or prorated on a daily basis. Notwithstanding the foregoing, by not less than one hundred (ii180) days prior written notice to Landlord, Tenant, provided it is not in default under this Lease, shall have the then current fair right to hold over for two (2) consecutive one hundred eighty (180) day terms at one hundred five percent (105%) of the prevailing market rental rate for the Premises, Premises as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for Landlord (said 105% figure being referred to herein as the first thirty "Prevailing Rate"). Within ten (3010) days following Landlord's receipt of Tenant's holdover notice, Landlord will advise Tenant of Landlord's determination of the holdover Prevailing Rate ("Landlord's Prevailing Rate"). Tenant will not be prorated and then have a minimum period of a full month’s worth ten (10) days following receipt of holdover rent shall be due, whether Tenant holds over one Landlord's Prevailing Rate in which to either (1x) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease demand appraisal in accordance with the terms procedures set forth below, (y) accept Landlord's Prevailing Rate, or (z) rescind such holdover notice. Tenant's failure to timely take any of this Paragraph 11 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 the actions set forth in clauses (including legal fees and costsx), including, without limitation, costs (y) or (z) immediately preceding shall constitute Tenant's acceptance of Landlord's Prevailing Rate and expenses incurred by Landlord commitment to pay the holdover rate based thereon for the one hundred (180) day holdover term in returning accordance with the Premises foregoing. If Tenant timely demands appraisal pursuant to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from foregoing ("Tenant’s failure to surrender 's Demand for Appraisal"), then the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.following shall apply:

Holding Over. If Tenant will holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be a tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in such case Rent shall be permitted payable for the initial one (1) month of such holdover tenancy at a monthly rate equal to one hundred fifty percent (150%) of the Rent applicable during the last rental period of the Lease Term under this Lease, and if Tenant continues to hold over possession with or without the express or implied consent of Landlord, Rent for the second month of such holdover tenancy shall be payable at a monthly rate equal to one hundred seventy five percent (175%) of the Rent applicable during the last rental period of the Lease Term under this Lease, and thereafter if Tenant continues to hold over with or without the express or implied consent of Landlord, Rent shall be payable at a monthly rate equal to two hundred percent (200%) of the Rent applicable during the last rental period of the Lease Term under this Lease. Such tenancy at sufferance shall be subject to every other applicable term, covenant and agreement contained herein. For purposes of this Article 16, a holding over shall include (a) Tenant’s remaining in the Premises after the expiration or earlier termination of the Term without Lease Term, and (b) Tenant’s failure to remove any Alterations or personal property located within the express written Premises as required pursuant to the terms of Sections 8.5 and 15.2, above. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of Landlord, which consent the Premises to Landlord may withhold as provided in its sole and absolute discretion. If Tenant holds over after this Lease upon the expiration or earlier other termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition Article 16 shall not be deemed to and do not affect Landlord’s right limit or constitute a waiver of re-entry any other rights or any rights remedies of Landlord under this Lease provided herein or as otherwise provided by lawat Law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease Lease, in accordance with the terms of this Paragraph 11 despite demand addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant agrees to promptly indemnify, shall protect, defend defend, indemnify and hold Landlord harmless from all claimsloss, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees reasonable attorneys’ fees) and costs)liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and any claims made by any succeeding tenant founded on or resulting from Tenant’s upon such failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Leaseand any consequential damages, including lost profits to Landlord resulting therefrom.

Holding Over. If Tenant will not be permitted to hold holds over possession of the Premises after the expiration of the Lease Term or earlier termination of the Term without thereof, with the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance 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 continued occupancy by case Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base pay Rent for any such holdover period shall be increased to be at a monthly rate equal to the greater of (ia) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease payable by Tenant immediately prior to such holdoverholding over (without regard to any abatements of Rent on account of casualty or otherwise), or plus (iib) the then current fair market rental rate for the PremisesTenant’s Share of Operating Expenses and Tax Expenses, as reasonably determined by Landlord, in either event prorated computed on a monthly basisbasis for each full or partial month Tenant remains in possession. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, without the express written consent of Landlord, Tenant shall be a tenant at sufferance only, for the entire Premises upon all of the terms and conditions of this Lease as might be applicable to such tenancy; provided, however, holdover rent that, as liquidated damages and not as a penalty, Tenant shall pay Base Rent at a monthly rate equal to (i) for the first thirty (30) days of such holding over, one hundred fifty percent (150%) of the holdover will not be prorated Base Rent payable by Tenant immediately prior to such holding over (without regard to any abatements of Rent on account of casualty or otherwise), plus Tenant’s Share of Operating Expenses and Tax Expenses; and (ii) thereafter, an amount equal to two hundred percent (200%) of the Base Rent payable by Tenant immediately prior to such holding over (without regard to any abatements of Rent on account of casualty or otherwise), plus Tenant’s Share of Operating Expenses and Tax Expenses, computed on a minimum of a monthly basis for each full month’s worth of holdover rent or partial month Tenant remains in possession. Nothing contained in this Article 16 shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of rent after such the Premises to Landlord as provided in this Lease upon the expiration or earlier other termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition Article 16 shall not be deemed to and do not affect Landlord’s right limit or constitute a waiver of re-entry any other rights or any rights remedies of Landlord under this Lease provided herein or as otherwise provided by at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease Lease, in accordance with the terms of this Paragraph 11 despite demand addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant agrees to promptly indemnify, shall protect, defend defend, indemnify and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees and costs)Claims resulting from such failure, including, without limitationlimiting the generality of the foregoing, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims any Claims made by any OAKMEAD WEST ShoreTel, Inc. succeeding tenant founded on or resulting from Tenant’s upon such failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Leaseand any lost profits to Landlord resulting therefrom.

Holding Over. Tenant will not be permitted has no right to hold over retain possession of the Premises after or any part thereof beyond the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretionthis Lease. If Tenant holds over after over, Landlord has all the rights and remedies available to a Landlord against a holdover tenant. Landlord may impose on a holdover tenant a term of month-to-month. Holdover tenant shall be obligated for Base Rent of one-hundred fifty percent (150%)of the Base Rent applicable immediately preceding the expiration or earlier termination of termination, plus all other Additional Rent payable under the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance onlyLease, and such continued occupancy by Tenant shall be subject to all obligations and conditions required of Tenant in this Lease. However, Tenant shall not be required to pay 150% of the previous year’s Base Rent so long as Tenant is making a good faith effort to timely negotiate and execute a new agreement. Landlord shall not be required to perform any work, furnish any materials or make any repairs within the Premises during the holdover period. The holdover tenancy may be terminated by Landlord at will at any time. Landlord shall have the right to further adjust Base Rent or Additional Rent upon ten (10) days written notice to the holdover tenant. In the event of holdover beyond June 30th of any year, the holdover tenant shall be responsible for payment of real property taxes for the entire year without proration. Tenant waives any notice that would otherwise be provided by law with respect to a month-to-month tenancy. Default by Landlord, Remedies Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time. Landlord agrees to perform its obligations within thirty (30) days after receiving written notice from Tenant specifying where and how Landlord has failed to perform its obligations. If the nature of Landlord's obligations is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's default and Tenant's remedies shall be limited to damages and/or an injunction. Landlord’s Inability to Perform Landlord shall not be deemed in default for the non-performance or for any interruption or delay in performance of any of the terms, covenants and conditions of this LeaseLease if due to any labor dispute, so far as applicablestrike, except that beginning on lockout, civil commotion or operation, invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulations or controls, inability to obtain labor, services or materials, or through act of God or other causes beyond the date that reasonable control of Landlord, providing such cause is thirty (30) days after not due to the holdover period has commencedwillful act or neglect of Landlord. General Provisions Every covenant in this Lease will be construed to be material, whether or not the Monthly Base Rent for any such holdover period covenant expressly provides. No right or remedy or election provided by this Lease shall be increased to deemed exclusive but shall, whenever possible, be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent cumulative with all other rights and remedies available at law or in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) daysequity. Acceptance by Landlord of rent after any Rent or other benefits under this Lease shall not constitute a waiver of any default. Any waiver by Landlord of the strict performance of any of the covenants of this Lease shall not be deemed to be a waiver of subsequent breaches of a different character, occurring either before or subsequent to such expiration waiver, and shall not prejudice Landlord's right to strict performance of the same covenant in the future or earlier termination will not result in a renewal of any other covenants of this Lease. The foregoing provisions Time is of the essence in this Lease. There are no oral agreements between Landlord and Tenant affecting this Lease, and this Lease supersedes and cancels any and all previous negotiations, arrangement, brochures, advertising, agreement and understandings, oral or written, if any, between Landlord and Tenant or displayed by Landlord or its agents to Tenant with respect to the subject matter of this Paragraph 11 Lease, the Premises or the building. There are no representations between Landlord and Tenant, or between any real estate broker and Tenant, other than those contained in addition the Lease, and all reliance with respect to and do any representations is solely upon representations contained in this Lease. This Lease shall not affect be amended or modified except by agreement in writing signed by the parties. A Memorandum of Lease shall be recorded by Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of is a corporation, each individual executing this Lease on behalf of that corporation shall be duly authorized to execute and deliver this Lease on behalf of the corporation, in accordance with the bylaws of the corporation, and the corporation warrants and represents that this Lease is binding on the corporation. Tenant shall provide any corporate authorization documents as may be requested by Landlord. Upon Tenant paying the Rent and completely observing and fully performing all of the covenants, conditions and provisions required of Tenant, Tenant shall have quiet possession of the Premises for the entire term hereof, subject to all terms and conditions of this Paragraph 11 despite demand Lease. This subsection is not applicable to do so a holdover tenant. If there be more than one Tenant, the obligations imposed hereunder shall be joint and several. Landlord and Tenant are the only parties to this Lease and are the only parties entitled to enforce its terms. Nothing in this Lease gives or shall be construed to give or provide any benefit, direct, or indirect, or otherwise to third parties unless third persons are expressly described as intended to be beneficiaries of the Lease. Nothing in this Lease shall be construed to create the relationship of principal and agent, partnership, joint venturer or other association between Landlord and Tenant in connection with the business carried on by Tenant under this Lease, other than a non-residential landlord and tenant relationship. Landlord shall have no obligation with respect to Tenant’s debts or other liabilities. If any portion of this Lease is ruled invalid, void or illegal by an order of the court, the remainder of the Lease shall remain in full force and effect. In addition to any specific covenant in the Lease and upon Tenant’s sole expense, Tenant shall comply with all laws, rules, orders, ordinances, directions, regulations, and requirements of federal, state, county, and municipal authorities, now in force or which may hereafter be in force during the term of this Lease. Tenant shall verify to Landlord annually that Tenant is in compliance with all tax reporting and payment requirements of the Internal Revenue Services, Oregon Department of Revenue, and local taxing authorities, including the City of Portland’s Bureau of Revenues (as to Portland Business License Law and Multnomah County Business Income Tax Law). This Lease shall be governed by the laws of the State of Oregon. Any litigation arising under this Lease shall occur in the Multnomah County Circuit Court. This Lease will be construed with equal weight for the rights of both parties, the terms and conditions of this Lease having been determined by fair negotiation with due consideration of the rights and requirements of both parties, and any ambiguities shall not be construed for or against either party. Both parties have had opportunity to consult with legal counsel. Americans With Disabilities Compliance Tenant shall comply, at Tenant’s sole expense, with the Americans with Disabilities Act (ADA), including any duty the ADA may impose on Landlord or Tenant as a result of Tenant’s use, occupation or alteration of the Premises. Within ten (10) days after receipt, Landlord and Tenant shall advise the other party in writing, and provide the other party with copies (as applicable) of any notices alleging violation of or noncompliance with the ADA relating to the Premises or any portion of the building to which Tenant has a right to use due to this Lease, or any governmental or regulatory actions or investigations instituted or threatened regarding noncompliance with the ADA and relating to the Premises. In the event of any assignment or sublet of the Premises, Tenant and Tenant’s assignee or subtenant shall agree to comply with the ADA, at their sole expense, and agree to be jointly liable under this Lease for any duty the ADA may impose upon Tenant or Tenant’s assignee or subtenant as a result of their use, occupation or alteration of the Premises. Landlord reserves the right to withhold consent to a proposed assignment or sublet if the assignment or sublease fails to contain provisions required by this Lease to ensure ADA compliance at the expenses of Tenant, Tenant’s assignee or subtenant. Landlord further reserves the right to withhold consent to a proposed assignment or sublet if the proposed use, occupation or alteration by the assignee or subtenant shall require alterations to the Premises to comply with the ADA which are inconsistent with Landlord’s management interests. Tenant’s Statement Upon request from Landlord, Tenant agrees shall execute, acknowledge and deliver a written statement stating the date this Lease was executed, the Commencement Date, the expiration date, the date Tenant entered into occupancy of the Premises, the amount of Base Rent and the date to promptly indemnifywhich Base Rent has been paid, protectand certifying that: i) the Lease is in full force and effect and has not been assigned, defend modified, supplemented or amended in any way (or specifying the date and hold terms of agreement so affecting this Lease); ii) the Lease represents the entire agreement between the parties as to the Premises; iii) that all conditions or obligations required to be performed by the Landlord harmless from have been satisfied; iv) that all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees and costs), including, without limitation, costs and expenses incurred required contributions by Landlord to Tenant on account of Tenant's improvements have been received; v) that there are no existing defenses or offsets which Tenant has against the enforcement of this Lease by Landlord; vi) that no Base Rent has been paid more than one month in returning advance; and, vii) that security deposit has or has not been deposited with Landlord as the case may be, and the amount if deposited. It is intended that Tenant’s Statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord’s interest or a mortgagee of Landlord's interest or assignee of any mortgage upon Landlord's interest in the building in which the Premises to the condition in which Tenant was to surrender it and claims made are located, or by any succeeding tenant founded on entity reviewing the City for bond funding or resulting from Tenant’s failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Leaseother municipal financing.

Holding Over. Tenant will not be permitted to hold over If Tenant, with Xxxxxxxx's consent, remains in possession of the Premises after the expiration Expiration Date, such possession by Tenant shall be deemed to be a month‑to‑month tenancy terminable on 30‑days' written notice given at any time by Landlord or earlier termination Tenant. During any such month‑to‑month tenancy, or any other holdover tenancy which is without Landlord's consent, Tenant shall pay, as Basic Monthly Rent, (i) 103% of the Basic Monthly Rent in effect immediately prior to the Expiration Date for the first two (2) months of such holdover tenancy in the event that Tenant has provided Landlord with a minimum of 9 months’ written notice of such intent (should Tenant fail to provide Landlord with such notice, Tenant shall be American Assets Trust – Lease Form 1/31/2023 required to pay 150% of the Basic Monthly Rent in effect immediately prior to the Expiration Date), and 150% of the Additional Rent in effect immediately prior to the Expiration Date; which rental amount Tenant acknowledges is fair and reasonable under all of the facts and circumstances existing as of the date of this Lease. All provisions of this Lease except for those pertaining to Term shall apply to any such tenancy. If Tenant holds over after the Expiration Date without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as shall become a tenant at sufferance only, at a rental rate equal to 150% of the Basic Monthly Rent and such continued occupancy by Tenant shall be 150% of the Additional Rent in effect immediately prior to expiration of the Term (prorated on a daily basis), and otherwise subject to all of the terms, covenants provisions, and conditions of this Leaseherein specified, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will shall not constitute consent to a holdover tenancy hereunder or result in a renewal of this Leaserenewal. The foregoing provisions of this Paragraph 11 23.2 are in addition to to, and do not affect affect, Landlord’s 's right of re-entry or any rights of Landlord under this Lease hereunder or as otherwise provided by lawLaws. If Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this Paragraph 23.2 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at Laws or equity. In addition to the foregoing, if Xxxxxx fails to surrender the Premises upon to Landlord on the expiration of this Lease Expiration Date in accordance with the terms of this condition required by Paragraph 11 despite demand to do so by Landlord23.1, above, Tenant agrees to promptly shall indemnify, protectdefend, defend and hold harmless Landlord harmless from and against all claimsactions, demands, liabilities, damages, judgments, suits, causes of action, losses, liabilitiescosts, penaltiesexpenses, fines, expenses and costs (including legal attorneys’ fees and costs), and claims resulting from such failure, 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 any claim for damages made by any a succeeding tenant founded on or resulting from Tenant’s failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Leasetenant.

Holding Over. If Tenant will not be permitted to hold over retains possession of the Premises Premises, or any part thereof, after the expiration or earlier termination of this Lease, Tenant shall pay Landlord rent at an annual rate equal to double the Term without Rent payable for the express written consent year immediately preceding said holdover computed on a per month basis, for the period Tenant thus remains in possession, and Tenant shall also pay Landlord all damages sustained by Landlord by reason of Landlord, which consent Landlord may withhold in its sole and absolute discretionsuch retention of possession. If Tenant holds over after the expiration or earlier termination retains possession of the TermPremises, Landlord mayor any part thereof, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is for thirty (30) days after the holdover period has commencedexpiration or termination of this Lease, then at the Monthly Base sole option of Landlord expressed by written notice to Tenant, but not otherwise, such holding over shall constitute a renewal of this Lease on a month to month basis on the same terms and conditions contained herein, except that the annual Fixed Rent for any such holdover period shall be increased to be equal to one and one-half times the greater of (i) one hundred fifty percent (150%) of the Monthly Base highest Fixed Rent specified in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this LeaseParagraph 3. The foregoing provisions of this Paragraph 11 are in addition to and do not affect waive the Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by lawother right hereunder. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by LandlordTENANT EXPRESSLY WAIVES TO LANDLORD THE BENEFIT TO TENANT OF 68 P.S. §250.501, Tenant agrees to promptly indemnifyAS APPROVED APRIL 6, protect1951, defend and hold Landlord harmless from all claimsENTITLED “LANDLORD AND TENANT ACT OF 1951,” AS MAY BE AMENDED FROM TIME TO TIME, damagesREQUIRING NOTICE TO QUIT UPON THE EXPIRATION OF THE TERM OF THIS LEASE OR AT THE EXPIRATION OF ANY EXTENSION OR RENEWAL THEREOF, judgmentsOR UPON ANY EARLIER TERMINATION OF THIS LEASE, suitsAS HEREIN PROVIDED. TENANT COVENANTS AND AGREES TO VACATE, causes of actionREMOVE FROM AND DELIVER UP AND SURRENDER THE POSSESSION OF THE PREMISES TO LANDLORD UPON THE EXPIRATION OF THE TERM OR UPON THE EXPIRATION OF ANY EXTENSION OR RENEWAL THEREOF OR UPON ANY EARLIER TERMINATION OF THIS LEASE, losses, liabilities, penalties, fines, expenses and costs (including legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this LeaseAS HEREIN PROVIDED WITHOUT SUCH NOTICE.

Holding Over. This Lease and the tenancy hereby created shall cease and expire at the end of the Initial Lease Term, or, if applicable, at the expiration of any renewal period(s), without the necessity of any notice of termination from either Landlord or Tenant, and Tenant will not be permitted hereby waives any statutorily or otherwise required notice to hold over remove, quit or vacate. If Tenant holds possession of the Leased Premises after the expiration or earlier sooner termination of this Lease for any reason, Tenant shall be deemed to be a tenant-at-will and Tenant shall pay Landlord one and one-half times the Term Rent (including, without limitation, base or Annual Rent, Additional Rent and any taxes or operating or maintenance costs pass-through to the express written consent Tenant under the terms of this Lease) reserved in this Lease for such period of time as Tenant remains in possession of the Leased Premises; but such payment of rent shall not create any lease arrangement whatsoever between Landlord and Tenant. During such period, Landlord shall retain all of Landlord’s rights under this Lease and shall be entitled to the benefit of any law respecting summary recovery of possession of leased premises from a tenant holding over regardless of whether or not any required statutory notice to quit, which consent Landlord may withhold in its sole and absolute discretionvacate or surrender has been given by Landlord. If Tenant holds over after the Leased Premises be not surrendered at the expiration or earlier sooner termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period then Tenant shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless against all loss, claim, expense or liability resulting from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees and costs)the delay by Tenant in so surrendering the Leased Premises, including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and any claims made by any succeeding tenant occupant founded on or resulting from such delay. Tenant’s failure to surrender the Premises. The provisions of obligations under this Subparagraph 11(b) will Section shall survive the expiration of the Lease Term (including renewal(s)) or the earlier termination of this Lease.

Holding Over. If Tenant will not be permitted to hold over remains in possession of all or any portion of the Premises after the expiration or earlier termination of the Term this Lease without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretionTenant’s continued possession shall be on the basis of a tenancy at the sufferance of Landlord. If Tenant holds over after the expiration or earlier termination of the TermIn such event, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject continue to comply with or perform all the terms and obligations of the terms, covenants and conditions of Tenant under this Lease, so far as applicable, except that beginning on the date that is monthly Base Rent (for each month or any part thereof of any such holding over) shall be (i) during the first thirty (30) days after of such holding over, one hundred twenty-five percent (125%) of the holdover period has commenced, the Monthly monthly Base Rent and estimated share of Additional Charges that Tenant was obligated to pay for any such holdover period shall be increased to be equal to the greater month immediately preceding the Expiration Date or earlier termination of this Lease and (iii) thereafter, one hundred fifty percent (150%) of the Monthly such monthly Base Rent in effect under this Lease immediately prior amount and estimated share of Additional Charges. In addition to such holdoverRent, or (ii) the then current fair market rental rate Tenant shall pay Landlord for the Premises, as reasonably determined all damages proximately caused by reason of Tenant’s retention of possession. Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days ’s acceptance of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent Rent after such expiration or earlier termination will shall not result in constitute a renewal of this Lease. The foregoing provisions of , and nothing contained in this Paragraph 11 are in addition provision shall be deemed to and do not affect waive Landlord’s right of re-entry or any rights of Landlord under this Lease other right hereunder or as otherwise provided by at law. If Tenant fails to surrender acknowledges that, in Landlord’s marketing and re-leasing efforts for the Premises, Landlord is relying on Tenant vacating the Premises upon on the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by LandlordExpiration Date. Accordingly, Tenant agrees to promptly shall indemnify, protect, defend and hold Landlord harmless from and against all claims, damages, judgments, suits, causes of actionliabilities, losses, liabilities, penalties, finescosts, expenses and costs (including legal 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 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. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this LeaseAny holding over without Landlord’s consent shall constitute a Tenant Default.

Holding Over. Tenant will not be permitted to hold over possession of will, at the Premises after the expiration or earlier termination of the Term without the express written consent this Lease by lapse of time or otherwise, yield up immediate possession to Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of this Lease, then, without waiver of any right available to Landlord as a result of Tenant’s failure to timely surrender possession of the TermPremises to Landlord, Landlord may, at its option, treat Tenant as shall become a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of upon the terms, covenants terms and conditions of set forth in this Lease, Lease so far as applicableapplicable (including, except that beginning on the date that is thirty (30) days after the holdover period has commencedwithout limitation, the Monthly Base Rent for any such holdover period shall be increased Tenant’s obligation to be pay Tenant’s applicable share of taxes, utilities, Insurance Expenses, Operating Expenses, Common Area Janitorial Expenses and all other costs, expenses and other additional rent due and payable by Tenant under this Lease), but at a monthly base rent equal to the greater of (i) one hundred fifty percent (150%) of the Monthly greater of (y) the monthly Base Rent in effect under this Lease applicable to the Premises immediately prior to the date of such holdoverexpiration or earlier termination, or (iiz) the then current monthly fair market rental rate for value of the PremisesPremises as of the date of the expiration or earlier termination of this Lease, as reasonably determined by Landlord, in either event prorated computed on a monthly basis; provided, however, holdover rent daily basis for the first thirty (30) days each day of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be duehold-over period. No holding over by Tenant, whether Tenant holds over one (1) day with or all thirty (30) days. Acceptance by Landlord without consent of rent after such expiration or earlier termination will not result in a renewal of Landlord, shall operate to extend this LeaseLease except as otherwise expressly provided. The foregoing preceding provisions of this Paragraph 11 are in addition to and do 17 shall not affect be construed as Landlord’s right of re-entry or consent for Tenant to hold over. If, for any rights of Landlord under this Lease or as otherwise provided by law. If reason, Tenant fails to surrender the Premises upon on the expiration or earlier termination of this Lease Lease, then, in accordance with the terms of addition to Landlord’s rights and remedies under this Paragraph 11 despite demand to do so by LandlordLease, Tenant agrees to promptly shall indemnify, protect, defend and hold Landlord and all other Landlord Related Parties harmless from and against any and all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees and costs), Claims resulting from such failure to surrender 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 any Claims made by any succeeding tenant founded on based thereon; provided, however, in no event shall the foregoing indemnity cover any special or resulting from Tenant’s failure to surrender consequential damages as a result of any holding over by Tenant unless and until such holding over has continued for more than thirty (30) days after Tenant has received written notice that Landlord has (1) located a party interested in leasing at least all or any portion of the Premises. The provisions , and (2) begun discussions regarding the terms on which such party would lease at least all or any portion of this Subparagraph 11(b) will survive the expiration or earlier termination of this LeasePremises.

Holding Over. Tenant will not be permitted to hold over shall pay Landlord for each day Tenant retains possession of the Premises or part of them after the termination or expiration of this Lease by lapse of time or earlier termination of otherwise at the Term without the express written consent of Landlord, rate (“Holdover Rate”) which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of (a) the Monthly Base amount of the Annual Rent in effect for the last period prior to the date of such termination or expiration, plus (b) all Rent Adjustments under Article 4, prorated on a daily basis, and also pay all damages sustained by Landlord by reason of such retention. If Landlord gives notice to Tenant of Landlord’s election to such effect, such holding over shall constitute renewal of this Lease for a period from month to month at the Holdover Rate, but if the Landlord does not so elect, no such renewal shall result notwithstanding acceptance by Landlord of any sums due hereunder after such termination or expiration; and instead, a tenancy at sufferance at the Holdover Rate shall be deemed to have been created. In any event, no provision of this Article 14 shall be deemed to waive Landlord’s right of reentry or any other right under this Lease immediately or at law. Notwithstanding the foregoing to the contrary, provided that Tenant notifies Landlord in writing that it will retain possession of the Premises after the termination or expiration of this Lease at least ninety (90) days prior to such holdovertermination or expiration, or (ii) the then current fair market rental rate for the Premisesthen, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of such retention, Landlord shall waive any damages sustained by Landlord by reason of such retention and the holdover will not be prorated and a minimum of a full month’s worth of holdover rent Holdover Rate shall be due, whether Tenant holds over one hundred twenty-five percent (1125%) day or all thirty of (30i) days. Acceptance by Landlord the amount of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon Annual Rent for the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal fees and costs), including, without limitation, costs and expenses incurred by Landlord in returning the Premises last period prior to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on date of such termination or resulting from Tenant’s failure to surrender the Premises. The provisions of this Subparagraph 11(bexpiration, plus (ii) will survive the expiration or earlier termination of this Leaseall Rent Adjustments under Article 4.

Holding Over. Tenant will not be Except for any permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the termsunder Article 29, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether if Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord party claiming by, through or under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive at the expiration or earlier termination of this Lease, the continued occupancy of the Premises shall be that of a tenancy at sufferance. Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to 200% of the greater of: (A) the sum of the Base Rent and the OE Payment due for the period immediately preceding the holdover; or (B) the fair market gross rental for the Premises. Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease; provided, however, so long as no other uncured event of default exists under the Lease, for the first 30 days of any such holdover Tenant shall pay only 150% of such greater amount. No holdover by Tenant or payment by Tenant after the expiration or early termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. In addition to the payment of the amounts provided above, if Landlord is unable to deliver possession of the Premises to a new tenant, or to perform improvements for a 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 Time Sensitive 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.

Holding Over. In the event Tenant will not be permitted to hold over remains in possession of the Premises after the expiration or earlier termination of the Term without the express hereof, or of any renewal term, with Landlord’s written consent of Landlordconsent, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as shall be a tenant at sufferance only, will and such continued occupancy by Tenant tenancy shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicableprovisions hereof, except that beginning on the date that is thirty (30) days monthly rental shall be at 150% of the monthly Base Rent payable hereunder upon such expiration of the Term hereof, or of any renewal term. In the event Tenant remains in possession of the Premises after the holdover period has commencedexpiration of the Term hereof, the Monthly Base Rent for or any such holdover period renewal term, without Landlord’s written consent, Tenant shall be increased a tenant at sufferance and may be evicted by Landlord without any notice, but Tenant shall be obligated to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover pay rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether such period that Tenant holds over one (1) day or without written consent at the same rate provided in the previous sentence and shall also be liable for any and all thirty (30) days. Acceptance by other damages Landlord suffers as a result of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal fees and costs), holdover including, without limitation, costs and expenses incurred the loss of a prospective tenant for such space. There shall be no renewal of this Lease by operation of law or otherwise. Nothing in this Section shall be construed as a consent by Landlord for any holding over by Tenant after the expiration of the Term hereof, or any renewal term. Notwithstanding the foregoing, Tenant shall not be liable to Landlord for consequential damages relating to Tenant holding over in returning the Premises to the condition in which Tenant was to surrender it if and claims made by any succeeding tenant founded on or resulting from Tenant’s failure to surrender the Premises. The provisions of this Subparagraph 11(bonly if (a) will survive such holdover does not exceed sixty (60) days after the expiration or earlier termination of the Term hereof, and (b) Tenant provides written notice to Landlord at least one hundred fifty (150) days prior to the scheduled expiration of the Term hereof that Tenant intends to holdover in the Premises for up to sixty (60) days. In the event Tenant provides such notice as set forth in the immediately preceding sentence, then Tenant shall be liable to Landlord for holdover rent at the rate set forth in this Leaseparagraph for at least such sixty (60) day period, whether or not Tenant actually remains in occupancy of the Premises during such entire sixty (60) day period.

Holding Over. Tenant will not be permitted to Should Tenant, without Landlord's written consent, hold over after termination of this Lease, Tenant shall, at Landlord's option, become either a tenant at sufferance or a month-to-month tenant upon each and all of the terms herein provided as may be applicable to such a tenancy and any such holding over shall not constitute an extension of this Lease. During such holding over, Tenant shall pay in advance, monthly, Basic Rental at a rate equal to one hundred twenty five percent (125%) for the first (1st) month of such holdover and one hundred fifty percent (150%) for each month thereafter of the rate in effect for the last month of the Term of this Lease, in addition to, and not in lieu of, all other payments required to be made by Tenant hereunder including but not limited to Tenant's Proportionate Share of Direct Costs. Nothing contained in this Article 5 shall be construed as consent by Landlord to any holding over of the Premises by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent to Landlord may withhold as provided in its sole and absolute discretion. If Tenant holds over after this Lease upon the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by LandlordLease, Tenant agrees to promptly (i) indemnify, protect, defend and hold Landlord harmless from all claimscosts, damagesloss, judgmentsexpense or liability, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal 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 and real estate brokers claims and attorney's fees and costs, and (ii) compensate Landlord for all costs, losses, expenses and/or liabilities incurred by Landlord as a result of such holdover, including without limitation, losses due to surrender the Premises. The provisions loss of this Subparagraph 11(b) will survive the expiration or earlier termination of this Leasea succeeding tenancy.

Holding Over. Except for any permitted occupancy by Tenant will not be permitted under Article 29, if Tenant or any party claiming by, through or under Tenant fails to hold over possession of surrender the Premises after at the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except the continued occupancy of the Premises shall be that beginning of a tenancy at sufferance. Tenant shall pay an amount (on a per month basis without reduction for partial months during the date that is thirty (30holdover) days after equal to 150% of the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater and Tenant’s Pro Rata Share of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent Operating Expenses for the first thirty (30) days following expiration or termination, and 200% of the holdover will not Base Rent and Tenant’s Pro Rata Share of Operating Expenses thereafter. Tenant shall otherwise continue to be prorated and a minimum subject to all of a full monthTenant’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of obligations under this Lease. The foregoing provisions No holdover by Tenant or payment by Tenant after the expiration or early termination of this Paragraph 11 are in Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. In addition to the payment of the amounts provided above, if Landlord is unable to deliver possession of the Premises to a new tenant, or to perform improvements for a new tenant, as a result of Tenant’s holdover and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender vacate the Premises upon the expiration within 15 days after Landlord notifies Tenant of Landlord’s inability to deliver possession, or perform improvements, such failure shall constitute a Time Sensitive Default hereunder; and notwithstanding any other provision of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Leasecontrary, BUT SUBJECT TO SECTION 13.C, TENANT SHALL BE LIABLE TO LANDLORD FOR, AND SHALL PROTECT LANDLORD FROM AND INDEMNIFY AND DEFEND LANDLORD AGAINST, ALL LOSSES AND DAMAGES, INCLUDING ANY CLAIMS MADE BY ANY SUCCEEDING TENANT RESULTING FROM SUCH FAILURE TO VACATE, AND ANY CONSEQUENTIAL DAMAGES THAT LANDLORD SUFFERS FROM THE HOLDOVER.

Holding Over. Unless Landlord expressly consents in writing to Tenant's holding over, Tenant will shall be unlawfully and illegally in possession of the Premises, whether or not be permitted to hold over Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises after without Landlord's written consent. If Tenant shall retain possession of the Premises or any portion thereof without Landlord's consent following the expiration of this Lease or sooner termination for any reason, then Tenant shall pay to Landlord for each day of such retention two hundred percent (200%) the amount of daily rental as of the last month prior to the date of expiration or earlier termination. Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, including consequential and incidental damages and reasonable attorneys' fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises within thirty (30) days following the expiration or earlier termination of the Term or extended Term of this Lease, including, without limitation, any claims made by the express written consent succeeding tenant founded on such delay. Acceptance of Landlord, which consent Rent by Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the following expiration or earlier termination of the Termthis Lease, or following demand by Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all for possession of the termsPremises, covenants and conditions shall not constitute a renewal of this Lease, so far and nothing contained in this Paragraph 25 shall waive Landlord's right of reentry of any other right. Additionally, if upon expiration or earlier termination of this Lease, or following demand by Landlord for possession of the Premises, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as applicableset forth in this Lease, except then Landlord shall have the right to 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 Paragraph 25 shall apply. The provisions of this Paragraph 25 shall survive any expiration or earlier termination of this Lease. If by written notice to Landlord delivered not later than twelve (12) months prior to the Term Expiration Date, or the expiration of the extended Term (the "Hold-Over Notice"), Tenant advises Landlord of its intent to hold-over specifying the period of such hold-over (which period must be for a period of no longer than six (6) months)(the "Hold-Over Term") then Tenant may, as a matter of right, remain in possession following the Term Expiration Date or the expiration of the extended Term, as the case may be, for the Hold-Over Term set forth in the Hold-Over Notice; provided, that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period the Hold-Over Term shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly sum of the Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate and other charges payable for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days last month of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent Term or extended Term. In no event under the preceding sentence shall be due, whether Tenant holds have the right to hold-over in the Premises for more than one (1) day six (6) month or all thirty (30) days. Acceptance by Landlord of rent after such expiration shorter period beyond the Term Expiration Date or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Leaseextended Term.

Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the TermLease Term hereof, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject or any extension thereof pursuant to all of the terms, covenants and conditions Section 2.2 of this Lease, so far as applicablewith or without the express or implied consent of Landlord, except that beginning on the date that is thirty (30) days after the holdover period has commencedsuch tenancy shall be from month-to-month only, the Monthly Base Rent and shall not constitute a 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 twenty-five percent (125%) of the Rent applicable during the last rental period of the Lease Term under this Lease for the first two (2) months of such holdover period shall be increased to be and at a monthly rental rate equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect applicable during the last rental period of the Lease Term under this Lease immediately prior to for the third (3rd) month of such holdover, or (ii) the then current fair market and at a monthly rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty equal to two hundred percent (30200%) days of the holdover will not be prorated and a minimum Rent applicable during the last rental period of a full the Lease Term under this Lease thereafter. Such month’s worth of holdover rent -to-month tenancy shall be duesubject to every other term, whether Tenant holds over one (1) day or all thirty (30) dayscovenant and agreement contained herein. Acceptance Except as specifically provided above, nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of rent after such the Premises to Landlord as provided in this Lease upon the expiration or earlier other termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition Article 16 shall not be deemed to and do not limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law's ability to enter into new leases with prospective tenants regarding the Premises. If Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease Lease, in accordance with the terms of this Paragraph 11 despite demand addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant agrees to promptly indemnify, shall protect, defend defend, indemnify and hold Landlord harmless from all claimsloss, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal fees reasonable attorneys' fees) and costs)liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and any claims made by any succeeding tenant founded on or upon such failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from Tenant’s such failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Leasesurrender.

Holding Over. Tenant will not be Except for any permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the termsunder Article VIII, covenants and conditions of this Lease, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If if Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 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 legal 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 provisions of this Subparagraph 11(b) will survive at the expiration or earlier termination of this Lease, occupancy of the Premises after the termination or expiration shall be that of a tenancy at sufferance. Tenant's occupancy of the Premises during the holdover shall be subject to all the terms and provisions of this Lease and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to 150% of the greater of: (1) the sum of the Base Rent and Additional Rent due for the period immediately preceding the holdover; or (2) the fair market gross rental for the Premises as reasonably determined by Landlord. No holdover by Tenant or payment by Tenant after the expiration or early termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. In addition to the payment of the amounts provided above, if Landlord is unable to deliver possession of the Premises to a new tenant, or to perform improvements for a 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, Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. XXVI. Subordination to Mortgages; Estoppel Certificate. Tenant accepts this Lease subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or other lien(s) now or subsequently arising upon the Premises, the Building or the Property, and to renewals, modifications, refinancings and extensions thereof (collectively referred to as a "Mortgage"). The party having the benefit of a Mortgage shall be referred to as a "Mortgagee". This clause shall be self-operative, but upon request from a Mortgagee, Tenant shall execute a commercially reasonable subordination agreement in favor of the Mortgagee. In lieu of having the Mortgage be superior to this Lease, a Mortgagee shall have the right at any time to subordinate its Mortgage to this Lease. If requested by a successor-in-interest to all or a part of Landlord's interest in the Lease, Tenant shall, without charge, attorn to the successor-in-interest. Landlord and Tenant shall each, within 10 days after receipt of a written request from the other, execute and deliver an estoppel certificate to those parties as are reasonably requested by the other (including a Mortgagee or prospective purchaser). The estoppel certificate shall include a statement certifying that this Lease is unmodified (except as identified in the estoppel certificate) and in full force and effect, describing the dates to which Rent and other charges have been paid, representing that, to such party's actual knowledge, there is no default (or stating the nature of the alleged default) and indicating other matters with respect to the Lease that may reasonably be requested. Notwithstanding the foregoing, upon written request by Tenant, Landlord will use reasonable efforts to obtain a non-disturbance, subordination and attornment agreement from Landlord's then current Mortgagee on such Mortgagee's then current standard form of agreement. "Reasonable efforts" of Landlord shall not require Landlord to incur any cost, expense or liability to obtain such agreement, it being agreed that Tenant shall be responsible for any fee or review costs charged by the Mortgagee. Upon request of Landlord, Tenant will execute the Mortgagee's form of non-disturbance, subordination and attornment agreement and return the same to Landlord for execution by the Landlord, if required by the Mortgagee, and the Mortgagee. Landlord's failure to obtain a non-disturbance, subordination and attornment agreement for Tenant shall have no effect on the rights, obligations and liabilities of Landlord and Tenant or be considered to be a default by Landlord hereunder. XXVII.

Holding Over. Should Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier sooner termination of the Term this Lease without the express prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy possession by Tenant shall be deemed to be a month-to-month tenancy subject to each and all of the terms, covenants terms and conditions of this LeaseLease as applicable to a month-to-month tenancy, so far as applicable, except that beginning on the date that is thirty (30) days after the holdover period has commenced, the Monthly Base Rent for any and such holdover period tenancy shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will terminable upon not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all less than thirty (30) days’ notice given by either Landlord or Tenant at any time. Acceptance During such holding over, Tenant shall pay in advance monthly Rental equal to the greater amount of: a) the product of the rentable area times the Base Rent per square feet of rentable area being quoted generally by Landlord to prospective Tenants, or b) the rental rate established under the Lease for the last month of the Term of the Lease, plus fifty percent (50%). In addition, Tenant shall pay any additional rent after such expiration or earlier termination will not result as set forth in a renewal of this LeaseParagraph 4 and any other charges payable under the Lease during the period in which Tenant holds over. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of to re-entry enter the Premises or any other rights of Landlord under this the Lease or as otherwise provided by law. Nothing contained in this Paragraph 22 shall be construed as consent by Landlord to any holding over by Tenant and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or earlier termination of this Lease. The terms and conditions of Tenant’s holding over may be changed by Landlord upon not less than thirty (30) days’ notice. If Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend shall indemnify and hold Landlord harmless from all claimslosses or liability, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including legal 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 any claim made by any succeeding tenant founded on or resulting from Tenant’s such failure to surrender the Premises. The provisions surrender, any loss of this Subparagraph 11(b) will survive the expiration rent from prospective tenants, and any attorneys’ fees and legal costs incurred by Landlord, whether or earlier termination of this Leasenot a legal action is filed.

Holding Over. MISSION PARK BUSINESS CENTER rights given to Tenant will under this Lease, if any, and (iii) extension rights given to Tenant under this Lease, if any. Landlord's acceptance of rent after such holding over with Landlord's consent shall not be permitted to hold over result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of all or any part of the Premises after the expiration expiation or earlier termination of the Term without Landlord's consent, Tenant's continued possession shall be on the express written consent basis of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant tenancy at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far pay as applicable, except that beginning on the date that is thirty (30) days after Monthly Base Rent during the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be an amount equal to the greater of (ix) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, (as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent ) for the first thirty Premises, or (30y) days two hundred percent (200%) of the holdover will not be prorated and a minimum Monthly Base Rent payable under this Lease for the last full month before the date of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Leasethe Term. The foregoing provisions of this Paragraph 11 are in addition In addition, during such holdover period Tenant shall pay to and do not affect Landlord’s right of re-entry or any rights of Landlord all other sums required to be paid by Tenant to Landlord under this Lease or as otherwise provided by lawLease, including, without limitation, Operating Expenses. If Tenant fails to surrender remains in possession of all or any part of the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by without Landlord's consent, 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 legal fees expenses, and costs), including, without limitation, attorneys' fees and costs, costs and expenses incurred by Landlord in returning the Premises or any part thereof to the condition in which Tenant was to surrender it the same, and claims made by any succeeding tenant founded on or resulting from Tenant’s 's failure to surrender the Premises. The provisions of this Subparagraph 11(b) will the immediately preceding sentence shall survive the expiration or earlier termination of this Lease. Nothing in this Subparagraph 11(b) shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease on the expiration or earlier termination of the Term of this Lease. The provision of this Subparagraph 11(b) shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law.

Holding Over. Tenant will not be permitted to hold over If Xxxxxx stays in possession of the Premises apartment after the expiration or earlier termination end of the Term without Lease Agreement, Xxxxxx agrees to rent the express written consent premises on a daily basis of Landlord, which consent Landlord may withhold in its sole and absolute discretion$100/day. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants All other terms and conditions of this LeaseLease shall remain in effect during Tenant’s possession of the premises, so far as applicableunless otherwise agree to in writing by both Xxxxxx and Landlord. Additionally, except that beginning on the date that is thirty (30) days if Tenant stays in possession after the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) end of the Monthly Base Rent in effect under Lease Agreement, Landlord shall have the right, at its sole discretion, to remove Tenant’s belongings to storage for a minimum charge of $160. Xxxxxx agrees to pay this Lease immediately prior to such holdover, charge and any additional storage or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first clearing charges due within thirty (30) days of the storage of said personal property, or the Landlord has explicit permission to dispose of any stored items, without liability and without waiver of any accrued charges. BROOKVIEW COMMONS GUARANTY OF LEASE IN CONSIDERATION OF, and to induce the execution and delivery of the aforesaid Lease, the undersigned Guarantors jointly and severally and coextensively with Tenant hereby unconditionally, absolutely and without limitation in time or amount, guarantees to the aforesaid Landlord the full and timely payment of rent and performance of all covenants, terms and conditions of the Tenant inuring to the Landlord under said Lease including any and all holdover will periods or renewals or extensions thereof. Said guaranty shall include the payment of Landlord's expenses, including, but not limited to, attorney's fees, incurred in enforcing this Guaranty. This Guaranty shall be a continuing Guaranty, not affected or diminished by any indulgence or extension of time that may be granted by the Landlord to the Tenant or by any amendment or modification of the Lease, or by the Tenant's discharge in bankruptcy or by any assignment or subletting of the Lease. The validity or enforceability of this Guaranty shall not be prorated affected by the invalidity or unenforceability of the Lease, including any defense that Tenant lacks sufficient legal capacity to enter into the Lease. Any notice or demand to the Tenant concerning any default or the exercise of any remedy of Landlord shall ipso facto be notice to the undersigned. The Landlord is not obligated, under the terms of this Guaranty, to seek or exhaust its remedies for default against the Tenant before recovering hereunder from the undersigned, and neither the release of any guarantors or release of any security for the Tenant's obligations under the Lease shall constitute a minimum defense to Landlord's recovery hereunder as to any party not expressly released. NOTE: THE ATTACHED ADDITIONAL AGREEMENT PROVISIONS, GUARANTY OF LEASE AND RULES AND REGULATIONS SHOULD BE INITIALED BY TENANT AND GUARANTOR AT TIME OF SIGNING. The undersigned acknowledges full knowledge of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal the terms and provisions of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises This Guaranty shall be binding upon the expiration heirs, personal representatives and assigns of this Lease the undersigned, and inure to the benefit of the Landlord's successors and assigns. Guarantor hereby waives the right to trial by jury in accordance with the terms of this Paragraph 11 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 legal fees and costs), including, without limitation, costs and expenses incurred any action or proceeding that may hereafter be instituted by Landlord in returning respect of this Guaranty and hereby irrevocably appoints Tenant as its agent for service of process related to this Guaranty. Grantor waives the Premises to the condition in which Tenant was to surrender it and claims made by benefit of any succeeding tenant founded on or resulting from Tenant’s failure to surrender the Premisesstatute of limitations affecting Guarantor's liability under this Guaranty. The provisions Lease and this Guaranty shall be governed by and interpreted under the laws of this Subparagraph 11(bthe State of Connecticut. Guarantor: By; (print name) will survive (signature) Relationship to Tenant: Drivers Lic #: Cell Phone: State Drivers Lic: Work Phone: Social Security #: City, State, Zip: Date: Address: BROOKVIEW COMMONS RULES AND REGULATIONS These Rules and Regulations are incorporated by reference into the expiration or earlier termination Lease Agreement between Landlord and Tenant and are a part thereof. They are promulgated for the purpose of this Leasepreserving the welfare, safety, and convenience of tenants in BROOKVIEW COMMONS and for the purposes of making a fair distribution of services and facilities for all tenants, and for the purpose of preserving Landlord's property from abusive treatment.

Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds Any holding over after the expiration or earlier termination of this lease with the Term, written consent of Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject construed to all of be a tenancy from month to month at the termsmonthly rent, covenants and conditions of this Leaseas adjusted, so far as applicable, except that beginning in effect on the date that is thirty (30) days after of such expiration or termination. All provisions of this lease, except those pertaining to the holdover period has commencedterm and any option to extend, shall apply to the Monthly Base Rent month to month tenancy. The provisions of this paragraph are in addition to, and do not affect, Landlord's right of reentry or other rights hereunder or provided by law. If Tenant shall retain possession of the Premises or any part thereof without Landlord's consent following the expiration or sooner termination of this lease for any reason, then Tenant shall pay to Landlord for each day of such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent retention for the first thirty (30) days one hundred twenty-five percent (125%) of the holdover will not be prorated and a minimum daily rental in effect during the last month prior to the date of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all thirty (30) days. Acceptance by Landlord of rent after such expiration or earlier termination will not result and thereafter Tenant shall pay to Landlord for each day of such retention double the amount of the daily rental in a renewal effect during the last month prior to the date of this Leasesuch expiration or termination. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend shall also indemnify and hold Landlord harmless from all claimsany loss, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses liability and costs expense (including legal fees and costs), including, but not limited to, attorneys fees) resulting from delay by Tenant in surrendering the Premises, including without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and limitation any claims made by any succeeding tenant founded on such delay. Acceptance of rent by Landlord following expiration or resulting termination shall not constitute a renewal of this lease, and nothing contained in this paragraph shall waive Landlord's right of re-entry or any other right. Tenant shall be only a Tenant at sufferance, whether or not Landlord accepts any rent from Tenant’s failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease, while Tenant is holding over without Landlord's written consent.

Holding Over. The Tenant will not be permitted shall have no right to hold over remain in possession of after the Termination Date. If the Tenant shall occupy the Demised Premises after the expiration or earlier termination of this Lease with the consent of the Term without Landlord (which consent shall be the express written consent obligation of Landlord, Tenant to obtain in writing prior to the Termination Date and which consent Landlord may withhold in its sole shall be under no obligation to give), and absolute discretionrent is accepted and collected from said Tenant, such occupancy and payment shall be construed as an extension of this Lease for a term of month-to-month only, from the date of such expiration. If In such event, if either Landlord or Tenant holds over desires to terminate said occupancy at the end of any month after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, the party so far as applicable, except that beginning on desiring to terminate the date that is thirty (30) days after same shall give the holdover period has commenced, the Monthly Base Rent for any such holdover period shall be increased to be equal to the greater of (i) one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover, or (ii) the then current fair market rental rate for the Premises, as reasonably determined by Landlord, in either event prorated on a monthly basis; provided, however, holdover rent for the first thirty (30) days of the holdover will not be prorated and a minimum of a full month’s worth of holdover rent shall be due, whether Tenant holds over one (1) day or all other party thirty (30) days' written notice to that effect. Acceptance If such occupancy continues after the aforesaid notice of termination, or if Tenant shall continue its occupancy after the Termination Date without obtaining Landlord's written consent, Tenant shall pay to Landlord, as partial damages, one and a half times the amount of both fixed annual rental (at the rate which was last in effect for the term) and all additional rent for the time, on a per diem basis, Tenant retains possession of the Demised Premises or any part thereof after termination of the term, together with all costs, expenses and damages incurred by Landlord and its agents to obtain possession from Tenant. Furthermore, if such occupancy continues after the aforesaid notice of rent termination, or if Tenant shall continue its occupancy after such expiration the Termination Date without obtaining Landlord's written consent, Tenant shall be liable to Landlord for any loss of rents and/or liability sustained by Landlord or earlier termination will not result its agents in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition connection with any subsequent tenancy which may have intended to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the occupy said Demised Premises upon at the expiration of this Lease in accordance with the terms term herein. The acceptance of this Paragraph 11 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 legal fees and costs), including, without limitation, costs and expenses incurred rent and/or additional rent by Landlord in returning the Premises shall not be deemed to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on create a new or resulting from Tenant’s failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Leaseadditional tenancy other than aforesaid.