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discretion, such holding over will be construed as a tenancy from month-to-month on the terms <br /> and conditions set forth in this Lease, which tenancy may be terminated by either party upon at <br /> least thirty (30) days' written notice to the other party, effective as of the last day of a calendar <br /> month. If Tenant holds over after the expiration of the Term or earlier termination thereof <br /> without Landlord's prior written consent, which may be withheld in Landlord's sole discretion, <br /> such tenancy shall be a tenancy at sufferance, and shall not constitute a renewal hereof or an <br /> extension for any further term, and in such case Base Rent shall be payable at a daily rate equal <br /> to market rate applicable during the last rental period of the Term under this Lease. Such tenancy <br /> shall be subject to every other applicable term, covenant and agreement contained herein. <br /> Nothing contained in this Section 14(c) shall be construed as consent by Landlord to any holding <br /> over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender <br /> possession of the Leased Premises to Landlord as provided in this Lease upon the expiration or <br /> other termination of this Lease. If Tenant fails to surrender the Leased Premises upon the <br /> termination, Tenant agrees that any proceedings necessary to recover possession of the Leased <br /> Premises, whether before or after expiration of the Term, shall be considered an action to <br /> enforce the terms of this Lease for purposes of the awarding of any attorney's fees in connection <br /> therewith. <br /> 15. INDEMNIFICATION. <br /> (a) Waiver and Release. Landlord shall not be liable to Tenant, or its directors, <br /> officers, shareholders, agents, employees, invitees, subtenants, contractors or licensees, for any <br /> loss, injury or damage to Tenant or any other person, or to its or their property, irrespective of <br /> the cause of such injury, damage or loss, unless, and then only to the extent, it is caused by or <br /> results from the gross negligence or willful misconduct of Landlord or its employees without <br /> contributory negligence on the part of Tenant or any of its directors, officers, shareholders, <br /> employees, agents, invitees, subtenants, licensees or contractors. As a material part of the <br /> consideration to Landlord for this Lease, Tenant hereby waives and releases all claims against <br /> Landlord with respect to all matters for which Landlord has disclaimed liability pursuant to the <br /> provisions of this Lease. <br /> 16. INSURANCE/WAIVER OF SUBROGATION. <br /> (a) Waiver of Subrogation. Landlord and Tenant each mutually release the <br /> other from every right, claim and demand which may hereafter arise in favor of either arising out <br /> of or in connection with any loss occasioned by fire, earthquake or other casualty and such other <br /> perils as are included in the provisions of the normal extended coverage clauses of fire and <br /> casualty insurance policies, and hereby waive all rights of subrogation in favor of insurance <br /> carriers arising out of any such losses and sustained by either Landlord or Tenant in or to the <br /> Leased Premises or any property therein, but only to the extent of deductibles specified in the <br /> insurance policies plus the insurance proceeds paid to such party under its policies of insurance <br /> or, if it fails to maintain the required policies, the insurance proceeds that would have been paid <br /> 7 <br />