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(c) Holding Over. If Tenant holds over after the expiration of the term of the
<br /> Lease with Landlord's express prior written consent, which may be withheld at Landlord's sole
<br /> 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 three times the amount of the daily Base Rent applicable during the last rental period of the
<br /> Term under this Lease. Such tenancy shall be subject to every other applicable term, covenant
<br /> and agreement contained herein. Nothing contained in this Section 14(c) shall be construed as
<br /> consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to
<br /> require Tenant to surrender possession of the Leased Premises to Landlord as provided in this
<br /> Lease upon the expiration or other termination of this Lease. If Tenant fails to surrender the
<br /> Leased Premises upon the termination or expiration of this Lease, in addition to any other
<br /> liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold
<br /> Landlord harmless from all loss, costs (including reasonable attorneys' fees) and liability
<br /> resulting from such failure, including, without limiting the generality of the foregoing, any
<br /> claims made by any succeeding tenant founded upon such failure to surrender and any lost
<br /> profits to Landlord resulting therefrom. Tenant agrees that any proceedings necessary to
<br /> recover possession of the Leased Premises, whether before or after expiration of the Term,
<br /> shall be considered an action to enforce the terms of this Lease for purposes of the awarding of
<br /> any attorney's fees in connection therewith.
<br /> 15. INDEMNIFICATION.
<br /> (a) Indemnity. Tenant shall indemnify, defend and hold harmless Landlord
<br /> against and from any and all claims, actions, damages, liability, costs and expenses, including
<br /> attorney's fees, arising out of or relating to (a) Tenant's use of the Leased Premises or from the
<br /> conduct of Tenant's business or from any activity, work, or other things done or permitted by
<br /> Tenant in or about the Leased Premises, (b) any breach or default in the performance of any
<br /> obligation on Tenant's part to be performed under the terms of this Lease, (c) any act or
<br /> omission, negligence or willful misconduct of Tenant, or any officer, agent, employee, guest, or
<br /> invitee of Tenant, and from all costs, damages, attorneys' fees and liabilities incurred in defense
<br /> of any such claim in any action or proceeding brought thereon. Tenant, as a material part of
<br /> the consideration to Landlord, hereby assumes all risk of damage to property or injury to
<br /> persons in, upon or about the Leased Premises from any cause other than and to the extent of
<br /> Landlord's gross negligence or willful misconduct. Tenant shall give prompt notice to Landlord
<br /> in case of casualty or accident in the Leased Premises. This Section 15 shall survive the
<br /> expiration or termination of this Lease. For the purposes of this Lease, the claims, actions,
<br /> damages, liability and expenses for which Tenant must indemnify, defend and hold harmless
<br /> the City are referred to as "Covered Claims".
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