rule of law.
ARTICLE 28
SURRENDER OF PREMISES
28.01
UPON THE EXPIRATION OR OTHER TERMINATION OF THE TERM,
TENANT SHALL QUIT AND SURRENDER TO LANDLORD THE DEMISED PREMISES, BROOM CLEAN,
IN GOOD ORDER AND CONDITION, ORDINARY WEAR AND TEAR AND DAMAGE BY FIRE, THE
ELEMENTS OR OTHER CASUALTY EXCEPTED, AND TENANT SHALL REMOVE ALL OF ITS PROPERTY
AS HEREIN PROVIDED.
TENANT'S OBLIGATION TO OBSERVE OR PERFORM THIS COVENANT
SHALL SURVIVE THE EXPIRATION OR OTHER TERMINATION OF THE TERM.
64
28.02
IF TENANT SHALL, WITHOUT THE WRITTEN CONSENT OF
LANDLORD, HOLD OVER AFTER THE EXPIRATION OF THE TERM, SUCH TENANCY SHALL BE
DEEMED A MONTH-TO-MONTH TENANCY, WHICH TENANCY MAY BE TERMINATED AS PROVIDED BY
APPLICABLE LAW.
DURING SUCH TENANCY, TENANT AGREES TO (A) PAY TO LANDLORD, FOR
THE FIRST 60 DAYS OF SUCH HOLDOVER, ON A MONTHLY BASIS, THE GREATER OF THE FAIR
MARKET RENTAL VALUE OF THE DEMISED PREMISES OR ONE HUNDRED FIFTY PERCENT (150%)
AND, THEREAFTER DURING SUCH HOLDOVER, ON A MONTHLY BASIS, THE GREATER OF THE
FAIR MARKET RENTAL VALUE OF THE DEMISED PREMISES OR TWO HUNDRED PERCENT (200%),
OF (X) THE BASIC ANNUAL RENT AND (Y) ALL ADDITIONAL RENT PAYABLE BY TENANT FOR
THE LAST MONTH OF THE TERM AND (B) BE BOUND BY ALL OF THE TERMS, COVENANTS AND
CONDITIONS HEREIN SPECIFIED.
IN THE CASE OF ANY HOLDOVER BY TENANT WHICH
CONTINUES FOR MORE THAN NINETY (90) DAYS (PLUS UP TO AN ADDITIONAL THIRTY (30)
DAYS ATTRIBUTABLE TO FORCE MAJEURE CAUSES AFFECTING TENANT), TENANT SHALL BE
LIABLE TO LANDLORD FOR AND INDEMNIFY LANDLORD AGAINST (I) ANY PAYMENT OR RENT
CONCESSION WHICH LANDLORD MAY BE REQUIRED TO MAKE TO ANY TENANT OBTAINED BY
LANDLORD FOR ALL OR ANY PART OF THE DEMISED PREMISES (A "NEW TENANT") BY REASON
OF THE LATE DELIVERY OF SPACE TO THE NEW TENANT AS A RESULT OF TENANT'S HOLDING
OVER OR IN ORDER TO INDUCE SUCH NEW TENANT NOT TO TERMINATE ITS LEASE BY REASON
OF THE HOLDING OVER BY TENANT, (II) THE LOSS OF THE BENEFIT OF THE BARGAIN IF
ANY NEW TENANT SHALL TERMINATE ITS LEASE BY REASON OF THE HOLDING OVER BY TENANT
AND (III) ANY CLAIM FOR DAMAGES BY ANY NEW TENANT.
NO HOLDING OVER BY TENANT
AFTER THE TERM SHALL OPERATE TO EXTEND THE TERM.
NOTWITHSTANDING THE FOREGOING,
THE ACCEPTANCE OF ANY RENT PAID BY TENANT PURSUANT TO THIS SECTION 28.02 SHALL
NOT PRECLUDE LANDLORD FROM COMMENCING AND PROSECUTING A HOLD OVER OR SUMMARY
EVICTION PROCEEDING.
ARTICLE 29
RULES AND REGULATIONS
29.01
TENANT AND TENANT'S SERVANTS, EMPLOYEES AND AGENTS
SHALL OBSERVE FAITHFULLY AND COMPLY STRICTLY WITH THE RULES AND REGULATIONS SET
FORTH IN SCHEDULE G HERETO ENTITLED "RULES AND REGULATIONS" AND SUCH OTHER AND
FURTHER REASONABLE RULES AND REGULATIONS AS LANDLORD OR LANDLORD'S AGENTS MAY
FROM TIME TO TIME ADOPT; PROVIDED, HOWEVER, THAT IN CASE OF ANY CONFLICT OR
INCONSISTENCY BETWEEN THE PROVISIONS OF THIS LEASE AND OF ANY OF THE RULES AND
REGULATIONS, AS ORIGINALLY OR AS HEREAFTER ADOPTED, THE PROVISIONS OF THIS LEASE
SHALL