Common use of Cash Security Deposit Clause in Contracts

Cash Security Deposit. Tenant shall, at the time that Tenant executes and delivers this Lease to Landlord, pay to Landlord a security deposit (the “Security Deposit”) in the amount set forth in Exhibit 1 securing Tenant’s obligations under this Lease. In no event shall the Security Deposit be deemed to be a prepayment of rent or a measure of liquidated damages. Txxxxx agrees that no interest shall accrue on the Security Deposit and that Landlord shall have the right to commingle the Security Deposit with other funds of Landlord. In the event that Tenant shall default in any of its obligations under this Lease, Landlord shall have the right, without prior notice to Tenant, to apply the Security Deposit (or any portion thereof) towards the cure of any such default. Tenant shall promptly, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In addition, in the event of a termination based upon the default of Tenant under this Lease, or a rejection of this Lease pursuant to the provisions of the Federal Bankruptcy Code, Landlord shall have the right to apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at Lxxxxxxx’s election, be applied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of all or any part of the Security Deposit to any obligation or default of Tenant under this Lease shall not deprive Landlord of any other rights or remedies Landlord may have or constitute a waiver by Landlord. Provided that Tenant is not in default beyond the expiration of any applicable any notice, grace or cure period of any of its obligations under this Lease at the expiration of the Term, Landlord shall refund to Tenant not later than thirty (30) days after the expiration of this Lease any portion of the Security Deposit which Landlord is then holding.

Cash Security Deposit. Concurrently with Tenant’s execution of this Lease, Tenant shall deposit with Landlord the sum of FIVE HUNDRED THOUSAND AND NO/100 U.S. Dollars (U.S. $500,000.00). Said sum, together with the letter of credit described below, shall be held by Landlord as a Security Deposit for the faithful performance by Tenant of all of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the Term hereof. If Tenant defaults after the expiration of applicable cure periods, with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of Rent and any of the monetary sums due hereunder, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant’s default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant’s default. If any portion of said Security Deposit is so used or applied, Tenant shall, at the time that Tenant executes and delivers this Lease to Landlordwithin five (5) days after written demand therefor, pay to deposit cash with Landlord a security deposit (the “Security Deposit”) in the amount set forth in Exhibit 1 securing sufficient to restore the Security Deposit to its original amount or increase the letter of credit to its value immediately prior to any draw on said letter of credit by Landlord, as appropriate. Tenant’s obligations failure to do so shall be a material breach of this obligation under the Lease. Landlord shall not be required to keep the cash portion of the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such cash portion. The Security Deposit or any balance thereof shall be returned to Tenant (or at Landlord’s option, to the last assignee of Tenant’s interest hereunder) at the expiration or earlier termination of the Term and after Tenant has vacated the Premises; provided, however, that Landlord may withhold therefrom the amount necessary to cover the cost to restore the Premises if Tenant fails to do so as to the condition required of Tenant under Lease Paragraph 5 and to cure any then uncured default by Tenant under this Lease. In no the event shall the Security Deposit be deemed to be a prepayment of rent or a measure of liquidated damages. Txxxxx agrees that no interest shall accrue on the Security Deposit and that Landlord shall have the right to commingle the Security Deposit with other funds termination of Landlord. In the event that Tenant shall default ’s interest in any of its obligations under this Lease, Landlord shall have the right, without prior notice to Tenant, to apply the Security Deposit (or any portion thereof) towards the cure of any such default. Tenant shall promptly, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In addition, in the event of a termination based upon the default of Tenant under this Lease, or a rejection of this Lease pursuant to the provisions of the Federal Bankruptcy Code, Landlord shall have the right to apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at Lxxxxxxx’s election, be applied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of all or any part of the transfer said Security Deposit to any obligation Landlord’s successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Security Deposit or default the accounting therefor. Tenant hereby waives the protection of Tenant under this Lease shall not deprive Landlord of any other rights or remedies Landlord may have or constitute a waiver by Landlord. Provided that Tenant is not in default beyond the expiration of any applicable any notice, grace or cure period of any of its obligations under this Lease at the expiration Section 1950.7 of the Term, Landlord shall refund to Tenant not later than thirty (30) days after the expiration of this Lease any portion of the Security Deposit which Landlord is then holdingCalifornia Civil Code.

Cash Security Deposit. Tenant shall, at the time that Tenant executes and delivers this Lease to Landlord, pay to Landlord a security deposit (the “Security Deposit”) in the amount set forth in Exhibit 1 securing Tenant’s obligations under this Lease. In no event shall the Security Deposit be deemed to be a prepayment of rent or a measure of liquidated damages. Txxxxx Xxxxxx agrees that no interest shall accrue on the Security Deposit and that Landlord shall have the right to commingle the Security Deposit with other funds of Landlord. In the event that Tenant shall default in any of its obligations under this Lease, Landlord shall have the right, without prior notice to Tenant, to apply the Security Deposit (or any portion thereof) towards the cure of any such default. Tenant shall promptly, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In addition, in the event of a termination based upon the default of Tenant under this Lease, or a rejection of this Lease pursuant to the provisions of the Federal Bankruptcy Code, Landlord shall have the right to apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at LxxxxxxxXxxxxxxx’s election, be applied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of all or any part of the Security Deposit to any obligation or default of Tenant under this Lease shall not deprive Landlord of any other rights or remedies Landlord may have or constitute a waiver by Landlord. Provided that Tenant is not in default beyond the expiration of any applicable any notice, grace or cure period of any of its obligations under this Lease at the expiration of the Term, Landlord shall refund to Tenant not later than thirty (30) days after the expiration of this Lease any portion of the Security Deposit which Landlord is then holding.

Cash Security Deposit. Tenant shallIf Lessee elects to deliver to Lessor a cash security deposit, then Lessor shall not be required to keep the cash security deposit separate from its general funds. On the first day of each Quarter, except during any period during which any Event of Default, or event which, with notice or lapse of time or both, would constitute an Event of Default, has occurred and is continuing hereunder, Lessor shall pay to Lessee, or, at Lessor’s option, credit for the time that Tenant executes and delivers this Lease to Landlordrestoration of the required amount of the Security Amount upon any draw hereunder or any scheduled increase in the Security Amount provided for herein, pay to Landlord a interest on the amount of such cash security deposit (at a rate equal to the “Security Deposit”) rate of interest received by Lessor from time to time on the funds held by Lessor in its deposit accounts. In the event of a transfer of Lessor’s interest in the amount set forth in Exhibit 1 securing Tenant’s obligations under this Lease. In no event shall the Security Deposit be deemed to be a prepayment of rent or a measure of liquidated damages. Txxxxx agrees that no interest shall accrue on the Security Deposit and that Landlord Leased Property, Lessor shall have the right to commingle transfer the Security Deposit with other funds of Landlord. In cash security deposit to the event that Tenant shall default in any of its obligations under this Lease, Landlord shall have the righttransferee and thereupon shall, without prior notice to Tenantany further agreement between the parties, to apply the Security Deposit (or any portion thereof) towards the cure of any such default. Tenant shall promptlybe released by Lessee from all liability therefor, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In addition, in the event of a termination based upon the default of Tenant under this Lease, or a rejection of this Lease pursuant to and it is agreed that the provisions hereof shall apply to every transfer or assignment of the Federal Bankruptcy Code, Landlord shall have the right such cash security deposit to apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at Lxxxxxxx’s election, be applied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Codea new Lessor. The application of all or any part of the Security Deposit to any obligation or default of Tenant under this Lease shall not deprive Landlord of any other rights or remedies Landlord cash security deposit may have or constitute be assigned as security in connection with a waiver by LandlordFacility Mortgage. Provided that Tenant is not in default beyond the expiration of any applicable any noticeIN ADDITION, grace or cure period of any of its obligations under this Lease at the expiration of the TermWITH RESPECT TO ANY CASH SECURITY DEPOSIT, Landlord shall refund to Tenant not later than thirty (30) days after the expiration of this Lease any portion of the Security Deposit which Landlord is then holdingLESSEE WAIVES THE PROVISIONS OF ANY APPLICABLE LAWS NOW IN FORCE OR THAT BECOME IN FORCE AFTER THE DATE OF EXECUTION OF THIS LEASE, THAT PROVIDE IN SUBSTANCE THAT LESSOR MAY CLAIM FROM A CASH SECURITY DEPOSIT ONLY THOSE SUMS REASONABLY NECESSARY TO REMEDY DEFAULTS IN THE PAYMENT OF RENT, TO REPAIR DAMAGE CAUSED BY LESSEE, OR TO CLEAN THE LEASED PROPERTY. LESSOR AND LESSEE AGREE THAT LESSOR MAY, IN ADDITION, CLAIM THOSE SUMS NECESSARY TO COMPENSATE LESSOR FOR ANY OTHER FORESEEABLE OR UNFORESEEABLE LOSS OR DAMAGE CAUSED BY ACT OR OMISSION OF LESSEE OR LESSEE’S OFFICERS, AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR INVITEES, INCLUDING, BUT NOT LIMITED TO THOSE DAMAGES TO WHICH LESSOR IS ENTITLED PURSUANT TO ARTICLE XVI.

Cash Security Deposit. Within ten (10) days after mutual execution of this Lease, Tenant shallshall deposit with Landlord the sum of Two Hundred Seventy-Three Thousand and No/100 Dollars ($273,000.00), at the time that Tenant executes and delivers this Lease to Landlord, pay to Landlord a security deposit which sum (the “Security Deposit”) in shall be held by Landlord as security for the amount set forth in Exhibit 1 securing Tenant’s obligations under faithful performance of all of the terms, covenants and conditions of this Lease to be kept and performed by Tenant during the term hereof. If Tenant defaults (beyond any applicable cure period) with respect to any provision of this Lease. In no event shall , including, without limitation, the Security Deposit be deemed provisions relating to be a prepayment the payment of rent or a measure of liquidated damages. Txxxxx agrees that no interest shall accrue on the Security Deposit rental and that Landlord shall have the right to commingle the Security Deposit with other funds of Landlord. In the event that Tenant shall default in any of its obligations under this Leasesums due hereunder, Landlord shall have the right, without prior notice to Tenantbut shall not be required, to use, apply the Security Deposit (or any portion thereof) towards the cure of any such default. Tenant shall promptly, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In addition, in the event of a termination based upon the default of Tenant under this Lease, or a rejection of this Lease pursuant to the provisions of the Federal Bankruptcy Code, Landlord shall have the right to apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at Lxxxxxxx’s election, be applied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of retain all or any part of the Security Deposit to any obligation for the payment of rental or default of Tenant under this Lease shall not deprive Landlord of any other rights or remedies amount which Landlord may have spend or constitute a waiver become obligated to spend by Landlordreason of Tenant’s default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant’s default. Provided that Tenant is not in default beyond the expiration of any applicable any notice, grace or cure period of any of its obligations under this Lease at the expiration of the Term, Landlord shall refund to Tenant not later than thirty (30) days after the expiration of this Lease If any portion of the Security Deposit which is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord is in an amount sufficient to restore the Security Deposit to its original amount and Tenant’s failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep any deposit under this Section separate from Landlord’s general funds, and Tenant shall not be entitled to interest thereon. Provided that no uncured event of default by Tenant then holdingexists under this Lease, the Security Deposit and the Letter of Credit as defined below (if applicable), or any balance thereof, shall be returned to Tenant or, at Landlord’s option, to the last assignee of Tenant’s interest hereunder, at the expiration of the term of this Lease and after Tenant has vacated the Property. In the event of termination of Landlord’s interest in this Lease, Landlord shall transfer all deposits then held by Landlord under this Section to Landlord’s successor in interest, whereupon Tenant agrees to release Landlord from all liability for the return of such deposit or the accounting thereof.

Cash Security Deposit. Tenant shallhas previously deposited with Landlord Eleven Thousand One Hundred Sixty-One and 20/100 Dollars ($11,161.20) (the "EXISTING SECURITY DEPOSIT") in connection with Tenant's prior lease of the Premises. Upon Tenant's execution of this Lease, at Tenant shall deposit with Landlord an additional Seven Hundred Twenty-Nine and 80/100 Dollars ($729.80), which sum Landlord shall hold, together with the time that Tenant executes and delivers Existing Security Deposit, for a total security deposit under this Lease to Landlordof Eleven Thousand Eight Hundred Ninety-One and 00/100 Dollars ($11,891.00)), pay to which sum Landlord a security deposit (the “Security Deposit”) in the amount set forth in Exhibit 1 securing Tenant’s obligations under this Lease. In no event shall hold as the Security Deposit be deemed to be a prepayment hereunder. If Tenant breaches any provision of rent or a measure of liquidated damages. Txxxxx agrees that no interest shall accrue on the Security Deposit and that Landlord shall have the right to commingle the Security Deposit with other funds of Landlord. In the event that Tenant shall default in any of its obligations under this Lease, Landlord shall have the right, without prior notice to Tenant, to apply the Security Deposit (or any portion thereof) towards the cure of any such default. Tenant shall promptly, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In addition, in the event of a termination based upon the default of Tenant under this Lease, or a rejection of this Lease pursuant including but not limited to the provisions payment of the Federal Bankruptcy Coderent, Landlord shall have the right to apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at Lxxxxxxx’s election, be applied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of may use all or any part of this security deposit for the Security Deposit payment of any rent or any other sums in default, or to compensate Landlord for any obligation other loss or default damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so used or applied, Tenant under this Lease shall, within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the security deposit to its original amount. Tenant agrees that Landlord shall not deprive Landlord of any other rights be required to keep the security deposit in trust, segregate it or remedies keep it separate from Landlord's general funds but Landlord may have or constitute a waiver by Landlordcommingle the security deposit with its general funds and Tenant shall not be entitled to interest on such deposit. Provided that Tenant is not in default beyond the expiration of any applicable any notice, grace or cure period of any of its obligations under this Lease at At the expiration of the Lease Term, Landlord and provided there exists no default by Tenant hereunder, the security deposit or any balance thereof shall refund be returned to Tenant (or, at Landlord's option, to Tenant's assignee), provided that subsequent to the expiration of this Lease, Landlord may retain from said security deposit (i) an amount reasonably estimated by Landlord to cover potential Direct Cost reconciliation payments due with respect to the calendar year in which this Lease terminates or expires (such amount so retained shall not, in any event, exceed ten percent (10%) of estimated Direct Cost payments due from Tenant for such calendar year through the date of expiration or earlier termination of this Lease and any amounts so retained and not later than applied to such reconciliation shall be returned to Tenant within thirty (30) days after Landlord's delivery of the expiration of Statement for such calendar year), (ii) any and all amounts reasonably estimated by Landlord to cover the anticipated costs to be incurred by Landlord to remove any signage provided to Tenant under this Lease and to repair any portion damage caused by such removal (in which case any excess amount so retained by Landlord shall be returned to Tenant within thirty (30) days after such removal and repair), and (iii) any and all amounts permitted by law or this Article 4. Tenant hereby waives the provisions of Section 1950.7 of the Security Deposit which California Civil Code and all other provisions of law, now or hereafter in effect, to the extent the same are inconsistent with Landlord's right to claim those sums specified in this Article 4 above and/or those sums reasonably necessary to compensate Landlord is then holdingfor any other loss or damage, foreseeable or unforeseeable, caused by the acts or omissions of Tenant or any officer, employee, agent, contractor or invitee of Tenant.

Cash Security Deposit. Within ten (10) days after the Lease Commencement Date, Tenant shallshall deposit with Landlord the sum of Four Hundred Thousand and No/100 Dollars ($400,000.00), at the time that Tenant executes which sum, subject to and delivers this Lease including any adjustment thereto pursuant to LandlordSection 16.1(c) below (as so adjusted, pay to Landlord a security deposit (if applicable, the “Security Deposit”) in shall be held by Landlord as security for the amount set forth in Exhibit 1 securing Tenant’s obligations under faithful performance of all of the terms, covenants and conditions of this Lease to be kept and performed by Tenant during the term hereof. If Tenant defaults (beyond any applicable cure period) with respect to any provision of this Lease. In no event shall , including, without limitation, the Security Deposit be deemed provisions relating to be a prepayment the payment of rent or a measure of liquidated damages. Txxxxx agrees that no interest shall accrue on the Security Deposit rental and that Landlord shall have the right to commingle the Security Deposit with other funds of Landlord. In the event that Tenant shall default in any of its obligations under this Leasesums due hereunder, Landlord shall have the right, without prior notice to Tenantbut shall not be required, to use, apply the Security Deposit (or any retain such portion thereof) towards the cure of any such default. Tenant shall promptly, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In addition, in the event of a termination based upon the default of Tenant under this Lease, or a rejection of this Lease pursuant to the provisions of the Federal Bankruptcy Code, Landlord shall have the right to apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at Lxxxxxxx’s election, be applied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of all or any part of the Security Deposit to any obligation as is sufficient for the payment of rental or default of Tenant under this Lease shall not deprive Landlord of any other rights or remedies amount which Landlord may have spend or constitute a waiver become obligated to spend by Landlordreason of Tenant’s default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant’s default. Provided that Tenant is not in default beyond the expiration of any applicable any notice, grace or cure period of any of its obligations under this Lease at the expiration of the Term, Landlord shall refund to Tenant not later than thirty (30) days after the expiration of this Lease If any portion of the Security Deposit which is so used or applied, Tenant shall, within ten (10) business days after written demand therefor, deposit cash with Landlord is in an amount sufficient to restore the Security Deposit to its original amount and Tenant’s failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep any deposit under this Section separate from Landlord’s general funds, and Tenant shall not be entitled to interest thereon. Provided that no uncured event of default by Tenant then holdingexists under this Lease, the Security Deposit and the Letter of Credit as defined below (if applicable), or any balance thereof, shall be returned to Tenant or, at Landlord’s option, to the last assignee of Tenant’s interest hereunder (unless alternative instructions have been presented to Landlord in a writing signed by both Tenant and such assignee), at the expiration of the term of this Lease and after Tenant has vacated the Property. In the event of termination of Landlord’s interest in this Lease, Landlord shall transfer all deposits then held by Landlord under this Section to Landlord’s successor in interest, whereupon Tenant agrees to release Landlord from all liability for the return of such deposit or the accounting thereof.

Cash Security Deposit. Tenant shallSubtenant has deposited with Sublandlord the sum of Seventeen Thousand Four Hundred Thirty and 15/100 Dollars ($17,430.15), as partial security for the full and timely performance by Subtenant of all the terms covenants and conditions of this Sublease on Subtenant’s part to be performed. Sublandlord shall have the right, with ten (10) business days prior written notice to Subtenant and Subtenant’s failure to cure with such period, and regardless of the exercise of any other remedy Sublandlord may have by reason of Subtenant’s default, to apply any part of the security to cure any default of Subtenant, and, if Sublandlord does so, Subtenant shall upon demand deposit with Sublandlord the amount so applied so that Sublandlord shall have on deposit the full amount of the security at all times during the time that Tenant executes and delivers term of this Lease Sublease. If Subtenant shall fail to Landlordmake such deposit, pay to Landlord Sublandlord shall have the same remedies for such failure as Sublandlord has for a security deposit (the “Security Deposit”) default in the amount set forth in Exhibit 1 securing Tenant’s obligations under this Leasepayment of the Fixed Rent. In no the event shall of an assignment or transfer of Sublandlord’s leasehold estate under the Security Deposit be deemed to be a prepayment of rent or a measure of liquidated damages. Txxxxx agrees that no interest shall accrue on the Security Deposit and that Landlord Main Lease (i) Sublandlord shall have the right to commingle transfer the Security Deposit with other funds of Landlord. In security to the event that Tenant assignee, (ii) Sublandlord shall default in any of its obligations under this Lease, Landlord shall have thereupon be automatically released by Subtenant from all liability for the right, without prior notice to Tenant, to apply the Security Deposit (or any portion thereof) towards the cure of any such default. Tenant shall promptly, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount return of the Security Deposit. In additionsecurity and (iii) Subtenant shall look solely to the assignee for the return of the security, and the foregoing provisions of this sentence shall apply to every transfer made of the security to a new assignee of Sublandlord’s interest in the event Main Lease. Upon the expiration of a termination based upon the default of Tenant under this Lease, or a rejection term of this Lease pursuant Sublease, subject to the provisions of this Section, Sublandlord shall pay to Subtenant the Federal Bankruptcy Code, Landlord shall have the right to apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at Lxxxxxxx’s election, be applied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of all or any part of the Security Deposit to any obligation or default of Tenant under this Lease shall not deprive Landlord balance of any other rights or remedies Landlord security and accrued interest remaining in such account (less any sums which Sublandlord is permitted by law to retain, which Sublandlord may have or constitute a waiver by Landlord. Provided that Tenant is not in default beyond the expiration of any applicable any notice, grace or cure period of any of its obligations under this Lease at the expiration of the Term, Landlord shall refund to Tenant not later than thirty (30) days after the expiration of this Lease any portion of the Security Deposit which Landlord is then holdingwithdraw and retain annually).

Cash Security Deposit. Within two (2) days after full execution of this Lease, Tenant shall, at the time that Tenant executes and delivers this Lease to Landlord, pay shall deliver to Landlord a security deposit cash (the “Security Deposit”) in the amount set forth specified as the Security Deposit in Exhibit 1 securing the Lease Summary. The Security Deposit shall secure the performance of all of Tenant’s obligations under this Lease, including Tenant’s obligation to pay Rent and other monetary amounts, to maintain the Premises and repair damages thereto, and to surrender the Premises to Landlord upon termination of this Lease in the condition required hereunder. In no event shall the Security Deposit be deemed to be a prepayment of rent or a measure of liquidated damages. Txxxxx agrees that no interest shall accrue on the Security Deposit Landlord may use and that Landlord shall have the right to commingle the Security Deposit with other funds of Landlord. In the event that If Tenant shall default in any of its obligations under this Lease, Landlord shall have the right, without prior notice to Tenant, to apply the Security Deposit (or any portion thereof) towards the cure of any such default. Tenant shall promptly, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In addition, defaults in the event of a termination based upon the default of Tenant under this Lease, or a rejection of this Lease pursuant to the provisions of the Federal Bankruptcy Code, Landlord shall have the right to apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at Lxxxxxxx’s election, be applied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of all or any part of the Security Deposit to any obligation or default of Tenant under this Lease shall not deprive Landlord of any other rights or remedies Landlord may have or constitute a waiver by Landlord. Provided that Tenant is not in default beyond the expiration of any applicable any notice, grace or cure period performance of any of its obligations hereunder (and such default continues beyond any applicable cure or grace period), Landlord may, but without any obligation to do so, apply all or any portion of the Security Deposit towards fulfillment of Tenant’s unperformed obligations. If Landlord does so apply all or any portion of the Security Deposit, Tenant, upon written demand by Landlord, shall immediately pay to Landlord a sufficient amount in cash to restore the Security Deposit to the full original amount. Tenant’s failure to pay to Landlord a sufficient amount in cash to restore the Security Deposit to its original amount within five (5) business days after receipt of such demand shall constitute a default under this Lease at Lease. Tenant shall not be entitled to interest on the expiration of the Term, Landlord shall refund to Tenant not later than Security Deposit. Within thirty (30) days after the expiration or earlier termination of this Lease any portion Lease, if Tenant has then performed all of Tenant’s obligations hereunder, Landlord shall return the Security Deposit which to Tenant. If Landlord is then holdingsells or otherwise transfers Landlord’s rights or interest under this Lease, Landlord shall deliver the Security Deposit to the transferee, whereupon Landlord shall be released from any further liability to Tenant with respect to the Security Deposit.

Cash Security Deposit. Tenant shall, at has deposited or concurrently herewith is depositing with Landlord the time that Tenant executes and delivers this Lease to Landlord, pay to Landlord a security deposit sum (the “Cash Security Deposit”) of Thirty One Thousand Four Hundred Forty and 93/100 Dollars ($31,440.93) (which amount includes the applicable Rental Tax and parking charges payable by Tenant at the Rental Tax and parking rates in effect as of the amount set forth in Exhibit 1 securing Tenant’s obligations under date of this Lease. In no event shall ) as security for the Security Deposit be deemed full and faithful performance of every provision of this Lease to be a prepayment performed by Tenant. If Tenant breaches any provision of rent or a measure of liquidated damages. Txxxxx agrees that no interest shall accrue on the Security Deposit and that Landlord shall have the right to commingle the Security Deposit with other funds of Landlord. In the event that Tenant shall default in any of its obligations under this Lease, Landlord shall have the right, without prior notice to Tenant, to apply the Security Deposit (or any portion thereof) towards the cure of any such default. Tenant shall promptly, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In addition, in the event of a termination based upon the default of Tenant under this Lease, or a rejection of this Lease pursuant including but not limited to the provisions payment of the Federal Bankruptcy Coderent, Landlord shall have the right to apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at Lxxxxxxx’s election, be applied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of may use all or any part of the Cash Security Deposit for the payment of any rent or any other sums in default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant’s default. If any portion of said Cash Security Deposit is so used or applied, Tenant shall, within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Cash Security Deposit to any obligation or default of its full amount. Tenant under this Lease agrees that Landlord shall not deprive Landlord of any other rights be required to keep the Cash Security Deposit in trust, segregate it or remedies keep it separate from Landlord’s general funds, but Landlord may have or constitute a waiver by Landlordcommingle the Cash Security Deposit with its general funds and Tenant shall not be entitled to interest on such Cash Security Deposit. Provided that Tenant is not in default beyond the expiration of any applicable any notice, grace or cure period of any of its obligations under this Lease at At the expiration of the Term, Landlord and provided there exists no default by Tenant hereunder, the Cash Security Deposit or any balance thereof shall refund be returned to Tenant (or, at Landlord’s option, to Tenant’s “Transferee”, as such term is defined in Article 15 below), provided that subsequent to the expiration of this Lease, Landlord may retain from said Cash Security Deposit (i) an amount reasonably estimated by Landlord to cover potential Direct Cost reconciliation payments due with respect to the calendar year in which this Lease terminates or expires (such amount so retained shall not, in any event, exceed ten percent (10%) of estimated Direct Cost payments due from Tenant for such calendar year through the date of expiration or earlier termination of this Lease and any amounts so retained and not later than applied to such reconciliation shall be returned to Tenant within thirty (30) days after Landlord’s delivery of the Statement for such calendar year), (ii) any and all amounts reasonably estimated by Landlord to cover the anticipated costs to be incurred by Landlord to remove any signage provided to Tenant under this Lease, to remove cabling and other items required to be removed by Tenant under Section 29(b) below and to repair any damage caused by such removal (in which case any such removal and/or repair Landlord conducts pursuant to this Section 4(a) shall occur within ninety (90) days after the date of expiration or earlier termination of this Lease and any portion excess amount so retained by Landlord shall be returned to Tenant within thirty (30) days after such removal and repair), and (iii) any and all amounts permitted by law or this Section 4(a). Tenant hereby waives any provisions of law, now or hereafter in effect, which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the Security Deposit which payment of rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord is then holdingmay, in addition, claim those sums specified in this Section 4(a) above, and all of Landlord’s damages under this Lease and Arizona law including, but not limited to, any damages accruing upon termination of this Lease and/or those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the acts or omissions of Tenant or any officer, employee, agent, contractor or invitee of Tenant.

Cash Security Deposit. Tenant shall, at the time that Tenant executes and delivers this Lease to Landlord, pay to Landlord a security deposit (the “Security Deposit”) in the amount set forth in Exhibit 1 securing Tenant’s obligations under this Lease. In no event shall the Security Deposit be deemed to be a prepayment of rent or a measure of liquidated damages. Txxxxx Xxxxxx agrees that no interest shall accrue on the Security Deposit and that Landlord shall have the right to commingle the Security Deposit with other funds of Landlord. In the event that Tenant shall default in any of its obligations under this LeaseLease that continues beyond the expiration of any applicable notice, grace or cure period, Landlord shall have the right, without prior notice to Tenant, to apply the Security Deposit (or any portion thereof) towards the cure of any such default. Tenant shall promptly, upon written notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In addition, in the event of a termination based upon the default of Tenant under this LeaseLease that continues beyond the expiration of any applicable notice, grace or cure period, or a rejection of this Lease pursuant to the provisions of the Federal Bankruptcy Code, Landlord shall have the right to apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at LxxxxxxxXxxxxxxx’s election, be applied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of all or any part of the Security Deposit to any obligation or default of Tenant under this Lease shall not deprive Landlord of any other rights or remedies Landlord may have or constitute a waiver by Landlord. Provided that Tenant is not in default beyond the expiration of any applicable any notice, grace or cure period of any of its obligations under this Lease at the expiration of the Term, Landlord shall promptly refund to Tenant not later than thirty (30) days after the expiration of this Lease any portion of the Security Deposit which Landlord is then holding.

Cash Security Deposit. Within ten (10) days after mutual execution of this Lease, Tenant shallshall deposit with Landlord the sum of Five Hundred Thousand and No/100 Dollars ($500,000.00), at the time that Tenant executes which sum, subject to and delivers this Lease including any adjustment thereto pursuant to LandlordSection 16.1(c) below (as so adjusted, pay to Landlord a security deposit (if applicable, the “Security Deposit”) in shall be held by Landlord as security for the amount set forth in Exhibit 1 securing Tenant’s obligations under faithful performance of all of the terms, covenants and conditions of this Lease to be kept and performed by Tenant during the term hereof. If Tenant defaults (beyond any applicable cure period) with respect to any provision of this Lease. In no event shall , including, without limitation, the Security Deposit be deemed provisions relating to be a prepayment the payment of rent or a measure of liquidated damages. Txxxxx agrees that no interest shall accrue on the Security Deposit rental and that Landlord shall have the right to commingle the Security Deposit with other funds of Landlord. In the event that Tenant shall default in any of its obligations under this Leasesums due hereunder, Landlord shall have the right, without prior notice to Tenantbut shall not be required, to use, apply the Security Deposit (or any portion thereof) towards the cure of any such default. Tenant shall promptly, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In addition, in the event of a termination based upon the default of Tenant under this Lease, or a rejection of this Lease pursuant to the provisions of the Federal Bankruptcy Code, Landlord shall have the right to apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at Lxxxxxxx’s election, be applied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of retain all or any part of the Security Deposit to any obligation for the payment of rental or default of Tenant under this Lease shall not deprive Landlord of any other rights or remedies amount which Landlord may have spend or constitute a waiver become obligated to spend by Landlordreason of Tenant’s default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant’s default. Provided that Tenant is not in default beyond the expiration of any applicable any notice, grace or cure period of any of its obligations under this Lease at the expiration of the Term, Landlord shall refund to Tenant not later than thirty (30) days after the expiration of this Lease If any portion of the Security Deposit which is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord is in an amount sufficient to restore the Security Deposit to its original amount and Tenant’s failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep any deposit under this Section separate from Landlord’s general funds, and Tenant shall not be entitled to interest thereon. Provided that no uncured event of default by Tenant then holdingexists under this Lease, the Security Deposit and the Letter of Credit as defined below (if applicable), or any balance thereof, shall be returned to Tenant or, at Landlord’s option, to the last assignee of Tenant’s interest hereunder, at the expiration of the term of this Lease and after Tenant has vacated the Property. In the event of termination of Landlord’s interest in this Lease, Landlord shall transfer all deposits then held by Landlord under this Section to Landlord’s successor in interest, whereupon Tenant agrees to release Landlord from all liability for the return of such deposit or the accounting thereof.

Cash Security Deposit. Concurrently with Xxxxxx’s execution of this Lease, Tenant shallshall deposit deposited into escrow with the escrow holder for the Project Purchase, at the time that Tenant executes and delivers this Lease to Landlord, pay to Landlord a cash security deposit (the “Security Deposit”) in the amount set forth in Exhibit 1 securing Tenant’s obligations under this Lease. In no event shall Section 12 of the Summary, along with instructions acknowledged by said escrow holder that such Security Deposit shall be deemed promptly released to Tenant in the event this Lease is terminated by Tenant as a result of the failure of Landlord to provide the SNDA as set forth in Section 29.34 of this Lease (and which Security Deposit shall be released to Landlord upon Xxxxxx’s receipt of the SNDA). The Security Deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants, and conditions of this Lease to be a prepayment kept and performed by Tenant during the Lease Term. If Tenant defaults with respect to any provisions of rent or a measure of liquidated damages. Txxxxx agrees that no interest shall accrue on the Security Deposit and that Landlord shall have the right to commingle the Security Deposit with other funds of Landlord. In the event that Tenant shall default in any of its obligations under this Lease, Landlord shall have including, but not limited to, the right, without prior notice to Tenant, to apply the Security Deposit (or any portion thereof) towards the cure of any such default. Tenant shall promptly, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In addition, in the event of a termination based upon the default of Tenant under this Lease, or a rejection of this Lease pursuant provisions relating to the provisions payment of the Federal Bankruptcy CodeRent, Landlord may, but shall have the right to not be required to, use, apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at Lxxxxxxx’s election, be applied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of or retain all or any part of the Security Deposit to any obligation or default of Tenant under this Lease shall not deprive Landlord for the payment of any Rent or any other rights sum in default, or remedies for the payment of any amount that Landlord may have spend or constitute a waiver become obligated to spend by Landlordreason of Tenant’s default, or to reimburse Landlord for any other cost or expense incurred by Landlord by reason of Tenant’s default. Provided that Tenant is not in default beyond the expiration of any applicable any notice, grace or cure period of any of its obligations under this Lease at the expiration of the Term, Landlord shall refund to Tenant not later than thirty (30) days after the expiration of this Lease If any portion of the Security Deposit is so used or applied, Tenant shall, within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount, and Xxxxxx’s failure to do so shall be a default under this Lease. If Tenant shall fully and faithfully perform its surrender obligations under this Lease, the Security Deposit, or any balance thereof, shall be returned to Tenant, or, at Landlord’s option, to the last assignee of Xxxxxx’s interest hereunder, within thirty (30) days following Xxxxxx’s surrender of the Premises upon the expiration or earlier termination of this Lease. Tenant shall not be entitled to any interest on the Security Deposit. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code, and all other provisions of law, now or hereafter in force, which provide that Landlord is then holdingmay claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to reimburse Landlord for any other cost or expense incurred by Landlord as a result of the acts or omissions of Tenant or any officer, employee, agent, contractor or invitee of Tenant.

Cash Security Deposit. Tenant shallshall deposit with Landlord, at on or before the time that Tenant executes 6th anniversary of the Rent Commencement Date, an amount equal to the last month's Base Rent [*] (subject to adjustment based upon the as-built measurement verification specified in Section 2.1), which amount Landlord shall hold as a Security Deposit hereunder to secure the full and delivers faithful performance of each provision of this Lease to Landlord, be performed by Tenant. Landlord shall not be required to pay to Landlord a security deposit (the “Security Deposit”) in the amount set forth in Exhibit 1 securing Tenant’s obligations under this Lease. In no event shall the Security Deposit be deemed to be a prepayment of rent or a measure of liquidated damages. Txxxxx agrees that no interest shall accrue on the Security Deposit and that Landlord shall have the right or to commingle keep the Security Deposit with other funds of Landlord. In the event that Tenant shall default in any of its obligations under this Lease, Landlord shall have the right, without prior notice to Tenant, to apply the Security Deposit (or any portion thereof) towards the cure of any such default. Tenant shall promptly, upon notice separate from Landlord, pay 's own funds. If Tenant fails to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In addition, in the event of a termination based upon the default of Tenant under this Lease, or a rejection of this Lease pursuant to the provisions of the Federal Bankruptcy Code, Landlord shall have the right to apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages perform fully and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at Lxxxxxxx’s election, be applied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of timely all or any part of the Security Deposit to any obligation or default of Tenant under this Lease shall not deprive Landlord of any other rights or remedies Landlord may have or constitute a waiver by Landlord. Provided that Tenant is not in default beyond the expiration of any applicable any notice, grace or cure period of any of its Tenant's covenants and obligations under this Lease at the expiration of the Termhereunder, Landlord shall refund to Tenant not later than thirty (30) days after the expiration of this Lease may, but without obligation, apply all or any portion of the Security Deposit toward fulfillment of Tenant's unperformed covenants and/or obligations. If Landlord does so apply any portion of the Security Deposit, Tenant shall immediately pay to Landlord an amount sufficient to restore the Security Deposit to an amount equal to the greater of (i) the amount of the Security Deposit immediately before Landlord's application of a portion of the Security Deposit or (ii) the amount of the then current Base Rent per month. Upon any increase in Base Rent, Landlord may require Tenant to increase the Security Deposit by the amount of the increase in Base Rent per month. Within sixty (60) days after the later of (a) the date Tenant vacates the Premises or (b) the expiration or sooner termination of this Lease, if Tenant is not then in default, Landlord shall return to Tenant any unapplied balance of the Security Deposit. Tenant hereby waives the provisions of any law, now or hereafter in force, which provide that Landlord is then holdingmay claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any of the Tenant Parties.

Cash Security Deposit. Upon the execution of this Lease, Tenant shall, at shall deposit with Landlord on the time that Tenant executes and delivers signing of this Lease to Landlord, pay to Landlord a security deposit the sum of $1,671,040.00 (the “Security Deposit”) as security for the faithful performance and observance by Tenant of the terms, conditions and provisions of this Lease, including without limitation the surrender of possession of the Premises to Landlord herein provided. Upon each adjustment of Fixed Rent during the term of this Lease, Tenant shall be required to deposit the difference between one (1) year’s Fixed Rent at the new rental rate and one (1) year’s Fixed Rent at the rental rate for the previous Lease Year. It is agreed that in the amount set forth event Tenant defaults in Exhibit 1 securing Tenant’s obligations under respect of any of the terms, provisions and conditions of this Lease. In no event shall Lease beyond the expiration of applicable notice and cure period, including, but not limited to, the payment of Rent and additional rent, Landlord may apply or retain the whole or any part of the Security Deposit be deemed so deposited to be a prepayment the extent required for the payment of any Rent and additional rent or a measure any other sum as to which Tenant is in default or for any sum which Landlord may expend or may be required to expend by reason of liquidated damagesTenant’s default in respect of any of the terms, covenants and conditions of this Lease, including but not limited to, any damages or deficiency in the reletting of the Premises, whether such damages or deficiency accrue or accrues before or after summary proceedings or other reentry by Landlord. Txxxxx agrees that no interest shall accrue on If Landlord applies or retains any part of the Security Deposit and so deposited, Tenant, within ten (10) days’ after notice from Landlord, shall deposit with Landlord the amount so applied or retained so that Landlord shall have the right full Security Deposit on hand at all times during the Term. The failure by Tenant to commingle deposit such additional amount within the foregoing time period shall be deemed a material default pursuant to Article 24 of this Lease. If Tenant shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease, the Security Deposit with other funds shall be returned to Tenant after the Expiration Date and after delivery of the entire possession of the Premises to Landlord. In the event that Tenant shall default in any of its obligations under this Lease, Landlord shall have the right, without prior notice to Tenant, to apply the Security Deposit (or any portion thereof) towards the cure of any such default. Tenant shall promptly, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount a sale of the Security Deposit. In addition, in Real Property or the event of a termination based upon the default of Tenant under this Lease, Building or a rejection of this Lease pursuant to the provisions leasing of the Federal Bankruptcy CodeBuilding, Landlord shall have the right to apply transfer the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at Lxxxxxxx’s election, be applied first to any unpaid rent and other charges which were due prior to the filing vendee or lessee and Landlord shall thereupon be released by Tenant from all liability for the return of the petition Security Deposit; and Tenant agrees to look solely to the new Landlord for protection under the Federal Bankruptcy Code. The application return of all the Security Deposit; and it is agreed that the provisions hereof shall apply to every transfer or any part assignment made of the Security Deposit to any obligation or default of Tenant under this Lease shall not deprive Landlord of any other rights or remedies Landlord may have or constitute a waiver by new Landlord. Provided Tenant further covenants that Tenant is it will not in default beyond the expiration of any applicable any notice, grace assign or cure period of any of its obligations under this Lease at the expiration of the Term, Landlord shall refund encumber or attempt to Tenant not later than thirty (30) days after the expiration of this Lease any portion of assign or encumber the Security Deposit which and that neither Landlord is then holdingnor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance. Tenant specifically understands, acknowledges and agrees that the Security Deposit may be commingled with other funds.

Cash Security Deposit. Tenant shall, at the time that Tenant executes and delivers this Lease to Landlord, pay to Landlord a security deposit (the “Security Deposit”) in the amount set forth in Exhibit 1 securing Tenant’s obligations under this Lease. In no event shall the Security Deposit be deemed to be a prepayment of rent or a measure of liquidated damages. Txxxxx Tenant agrees that no interest shall accrue on the Security Deposit and that Landlord shall have the right to commingle the Security Deposit with other funds of Landlord. In the event that Tenant shall default in any of its obligations under this Lease, Landlord shall have the right, without prior notice to Tenant, to apply the Security Deposit (or any portion thereof) towards the cure of any such default. Tenant shall promptly, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In addition, in the event of a termination based upon the default of Tenant under this Lease, or a rejection of this Lease pursuant to the provisions of the Federal Bankruptcy Code, Landlord shall have the right to apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at LxxxxxxxLandlord’s election, be applied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of all or any part of the Security Deposit to any obligation or default of Tenant under this Lease shall not deprive Landlord of any other rights or remedies Landlord may have or constitute a waiver by Landlord. Provided that Tenant is not in default beyond the expiration of any applicable any notice, grace or cure period of any of its obligations under this Lease at the expiration of the Term, Landlord shall refund to Tenant not later than thirty (30) days after the expiration of this Lease any portion of the Security Deposit which Landlord is then holding.

Cash Security Deposit. On or before January 1, 2020, Tenant shall, at the time that Tenant executes and delivers this Lease to Landlord, pay shall deliver to Landlord $209,272.00 in immediately available funds as a new security deposit (the “Security Deposit”) in ). The Security Deposit shall be held by Landlord as provided herein. The Security Deposit shall secure the amount set forth in Exhibit 1 securing full and faithful performance of every provision of this Lease to be performed by Tenant’s obligations under . If Tenant breaches any provision, covenant or condition of this Lease. In , including but not limited to the payment of Rent or Additional Rent beyond any applicable notice or cure period (provided, however, that no event such notice and/or cure period(s) shall apply as of the expiration or earlier termination of this Lease), Landlord may (but shall not be required to) use all or any part of the Security Deposit be deemed for the payment of any sums in default, or to be a prepayment compensate Landlord for any other loss or damage which Landlord may suffer by reason of rent Tenant’s default. If any portion of said Security Deposit is so used or a measure of liquidated damages. Txxxxx agrees that no interest shall accrue on applied, Tenant shall, within five (5) business days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its full amount and that Tenant's failure to do so shall be a Default by Tenant. Landlord shall have the right not be required to commingle keep the Security Deposit with other separate from its general funds of Landlord. In the event that and Tenant shall not be entitled to interest on such deposit. Within ninety (90) days after the expiration or earlier termination of the Lease Term, and provided there exists no default in by Tenant hereunder, the Security Deposit or any balance thereof shall be returned to Tenant (or, at Landlord's option, to Tenant’s assignee), provided that subsequent to the expiration (or earlier termination) of its obligations under this Lease, Landlord shall have may retain from said Security Deposit (a) any and all amounts necessary to cure any default in the rightpayment of Rent and/or Additional Rent, to repair any damage to the Premises caused by the Tenant, and to clean the Premises upon such expiration or termination of this Lease, (b) any amounts that Landlord may incur or be obligated to incur in exercising Landlord's rights under this Lease and (c) any expense, loss or damage that Landlord reasonably estimates it may suffer because of Tenant’s default (including, without prior notice to Tenantlimitation, to apply any and all amounts of Rent and/or Additional Rent that would have been due under this Lease had this Lease remained in effect for the entire term). Without limiting the generality of the preceding sentence, Landlord and Tenant hereby agree that Landlord may, in addition, claim and retain from the Security Deposit (those sums necessary to compensate Landlord for any other loss or damage caused by any portion thereof) towards the cure act or omission of any such default. Tenant shall promptlyor Tenant’s officers, upon notice from Landlordagents, pay to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In additionemployees, in the event of a termination based upon independent contractors or invitees or the default of Tenant under this Lease, or a rejection including, without limitation, the unamortized portion of any leasing commissions and tenant improvements costs (which commissions and tenant improvements costs shall be amortized over the Lease Term) incurred by Landlord in connection with this Lease pursuant and any damages to the provisions which Landlord is entitled under Law (including, without limitation, California Civil Code § 1951.2) as a result of the Federal Bankruptcy Code, Landlord shall have the right to apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord Tenant's default under this Lease. Any amounts so applied shallShould Landlord sell its interest in the Premises during the term hereof, at Lxxxxxxx’s electionand if Landlord deposits with the purchaser thereof the then unapplied funds deposited by Tenant as aforesaid, Landlord shall be applied first discharged from any liability with respect to any unpaid rent such Security Deposit. Tenant hereby waives the provisions of California Civil Code§ 1950.7, and all other charges which were due prior provisions of Law now or hereafter in force, that provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the filing payment of rent, to repair damage caused by Tenant, or to clean the petition for protection under the Federal Bankruptcy CodePremises. The application of all Tenant may not assign or any part of encumber the Security Deposit to any obligation or default without the prior written consent of Tenant under this Lease shall not deprive Landlord of any other rights or remedies Landlord may have or constitute a waiver by Landlord. Provided that Tenant is Any attempt to do so will be void and will not in default beyond the expiration of any applicable any noticebe binding on Landlord. SECOND AMENDMENT TO LEASE – 0000 Xxxxxxx Xxxxxxx, grace or cure period of any of its obligations under this Lease at the expiration of the TermXxx Xxxx, Landlord shall refund to Tenant not later than thirty (30) days after the expiration of this Lease any portion of the Security Deposit which Landlord is then holding.XX

Cash Security Deposit. If Tenant elects to deliver a Cash Security Deposit to Landlord: (i) Tenant shall, at the time that Tenant executes of execution and delivers delivery of this Lease to Landlord, pay to Landlord a security deposit fifty percent (50%) of the Security Deposit Amount, and (ii) Tenant shall pay the remaining fifty percent (50%) of the Security Deposit Amount (“Balance of the Cash Security Deposit”) to Landlord on or before the date thirty (30) days after Landlord gives Landlord’s Estimated Delivery Date Notice, as defined in Section 1D(1) of Exhibit 2.1, to Tenant. Landlord shall hold the Cash Security Deposit, throughout the Term of this Lease (including any extension thereof), as security for the performance by Tenant of all obligations on the part of Tenant to be performed. Landlord shall have the right from time to time without prejudice to any other remedy Landlord may have on account thereof, to apply such deposit, or any part thereof, to Landlord’s damages arising from any default on the part of Tenant that remains uncured after the expiration of all applicable notice and cure periods. If Landlord so applies all or any portion of such deposit, Tenant shall within seven (7) days after notice from Landlord deliver cash to Landlord in an amount set forth sufficient to restore such deposit to the full amount stated in Exhibit 1 securing Section 1.2 (as the same may have been reduced pursuant to Section 16.24). Tenant not then being in default and having performed all of its obligations under this Lease, including the payment of all Annual Fixed Rent, Landlord shall return the deposit, or so much thereof as shall not have theretofore been applied in accordance with the terms of this Section 16.24, to Tenant on or before the latest to occur of: (i) the end of the Term, (ii) the delivery by Tenant to Landlord of the Premises free and clear of all parties claiming under Tenant and in compliance with Section 16.4 of the Lease, and (iii) the satisfaction of all of Tenant’s obligations under this Section 16.4 of the Lease. In While Landlord holds such deposit, Landlord shall have no event shall the Security Deposit be deemed obligation to be a prepayment of rent or a measure of liquidated damages. Txxxxx agrees that no pay interest shall accrue on the Security Deposit same and that Landlord shall have the right to commingle the Security Deposit same with Landlord’s other funds of funds. If Landlord conveys Landlord. In the event that Tenant shall default in any of its obligations ’s interest under this Lease, the deposit, or any part thereof not previously applied, shall be turned over by Landlord to Landlord’s grantee for proper application of the deposit in accordance with the terms of this Section 16.24, and the return thereof in accordance herewith, and Landlord shall have no further liability therefor. Neither the right, without prior notice holder of a mortgage nor the landlord in a ground lease on property which includes the Premises shall ever be responsible to Tenant, to apply Tenant for the Security Deposit (return or any portion thereof) towards the cure application of any such defaultCertain information indicated with [***] in this document has been omitted from this exhibit because it is both (i) not material and (ii) is the type that the registrant treats as private or confidential. Tenant shall promptlydeposit, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In addition, in the event of a termination based upon the default of Tenant under this Lease, whether or a rejection of this Lease pursuant not it succeeds to the provisions position of the Federal Bankruptcy CodeLandlord hereunder, Landlord unless such deposit shall have the right to apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at Lxxxxxxx’s election, be applied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of all been received by such holder or any part of the Security Deposit to any obligation or default of Tenant under this Lease shall not deprive Landlord of any other rights or remedies Landlord may have or constitute a waiver by Landlord. Provided that Tenant is not in default beyond the expiration of any applicable any notice, grace or cure period of any of its obligations under this Lease at the expiration of the Term, Landlord shall refund to Tenant not later than thirty (30) days after the expiration of this Lease any portion of the Security Deposit which Landlord is then holdingground lessor.

Cash Security Deposit. Tenant shall, at the time that Tenant executes and delivers this Lease to Landlord, pay to Landlord a security deposit (the “Security Deposit”) in the amount set forth in Exhibit 1 securing Tenant’s obligations under this Lease. In no event shall the Security Deposit be deemed to be a prepayment of rent or a measure of liquidated damages. Txxxxx agrees that no interest shall accrue on the Security Deposit and that Landlord shall have the right to commingle the Security Deposit with other funds of Landlord. In the event that Tenant Sublandlord applies all or any portion of the cash Security Deposit as provided above, Subtenant shall default pay to Sublandlord, within fifteen (15) days following demand, the amount so applied in any order to restore the cash Security Deposit to the amount stated in the Basic Sublease Information. Subtenant's failure to do so within such fifteen (15) day period shall constitute an Event of its obligations Default under this Lease, Landlord Sublease. Sublandlord shall have return the right, without prior notice to Tenant, to apply cash portion of the Security Deposit (or any portion thereofso much thereof as remains) towards to Subtenant within forty-five (45) days following the cure of any such default. Tenant shall promptly, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount expiration of the Term and satisfaction by Subtenant of all its obligations under this Sublease. Sublandlord's obligations with respect to the Security Deposit. In addition, in the event Deposit are those of a termination based upon the default of Tenant under this Lease, or debtor and not a rejection of this Lease pursuant trustee. Subject to the provisions of the Federal Bankruptcy Code, Landlord shall have the Sublandlord's right to apply the Security Deposit (from time to timeas provided herein, if necessary) to cover Sublandlord shall cause the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at Lxxxxxxx’s election, be applied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of all or any part of the Security Deposit to any obligation or default of Tenant under this Lease shall not deprive Landlord of any other rights or remedies Landlord may have or constitute a waiver by Landlord. Provided that Tenant is not in default beyond the expiration of any applicable any notice, grace or cure period of any of its obligations under this Lease at the expiration of the Term, Landlord shall refund to Tenant not later than thirty (30) days after the expiration of this Lease any cash portion of the Security Deposit and any Letter of Credit Proceeds to be held in one or more federally insured interest bearing accounts, separate from Sublandlord's general funds, and/or in United States Treasury bills or notes. Provided that no Event of Default shall have occurred during the Term, all interest which Landlord accrues and is then holdingpaid with respect to the Security Deposit shall, after deducting all fees and expenses applicable thereto, be paid to Subtenant within a reasonable time after the end of each calendar year (but not later than March 1 of each year). From and after the occurrence of an Event of Default, all such interest shall be added to and become a part of the Security Deposit. Sublandlord shall provide to Subtenant, promptly following receipt by Sublandlord but not more frequently than quarterly, copies of account statements received by Sublandlord with respect to the Security Deposit. If not otherwise provided by the financial institution or investment management firm holding the Security Deposit, Sublandlord shall also provide Subtenant with an annual statement of income and expenses applicable to the Security Deposit. Sublandlord shall have no liability for any loss or diminution in the value of the Security Deposit or for achieving any particular rate of return thereon, provided that the Security Deposit is invested, held and applied as provided herein. In the event that the amount of the Security Deposit declines for any reason to an amount less than the amount stated in the Basic Sublease Information, Subtenant shall, within fifteen (15) days following written demand, deposit with Sublandlord the amount necessary to restore the Security Deposit to the amount stated in the Basic Sublease Information.

Cash Security Deposit. Tenant shallshall deposit with Landlord, at on or before the time that Tenant executes 6th anniversary of the Rent Commencement Date, an amount equal to the last month's Base Rent (i.e., $48,534.00) (subject to adjustment based upon the as-built measurement verification specified in Section 2.1), which amount Landlord shall hold as a Security Deposit hereunder to secure the full and delivers faithful performance of each provision of this Lease to Landlord, be performed by Tenant. Landlord shall not be required to pay to Landlord a security deposit (the “Security Deposit”) in the amount set forth in Exhibit 1 securing Tenant’s obligations under this Lease. In no event shall the Security Deposit be deemed to be a prepayment of rent or a measure of liquidated damages. Txxxxx agrees that no interest shall accrue on the Security Deposit and that Landlord shall have the right or to commingle keep the Security Deposit with other funds of Landlord. In the event that Tenant shall default in any of its obligations under this Lease, Landlord shall have the right, without prior notice to Tenant, to apply the Security Deposit (or any portion thereof) towards the cure of any such default. Tenant shall promptly, upon notice separate from Landlord, pay 's own funds. If Tenant fails to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In addition, in the event of a termination based upon the default of Tenant under this Lease, or a rejection of this Lease pursuant to the provisions of the Federal Bankruptcy Code, Landlord shall have the right to apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages perform fully and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at Lxxxxxxx’s election, be applied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of timely all or any part of the Security Deposit to any obligation or default of Tenant under this Lease shall not deprive Landlord of any other rights or remedies Landlord may have or constitute a waiver by Landlord. Provided that Tenant is not in default beyond the expiration of any applicable any notice, grace or cure period of any of its Tenant's covenants and obligations under this Lease at the expiration of the Termhereunder, Landlord shall refund to Tenant not later than thirty (30) days after the expiration of this Lease may, but without obligation, apply all or any portion of the Security Deposit toward fulfillment of Tenant's unperformed covenants and/or obligations. If Landlord does so apply any portion of the Security Deposit, Tenant shall immediately pay to Landlord an amount sufficient to restore the Security Deposit to an amount equal to the greater of (i) the amount of the Security Deposit immediately before Landlord's application of a portion of the Security Deposit or (ii) the amount of the then current Base Rent per month. Upon any increase in Base Rent, Landlord may require Tenant to increase the Security Deposit by the amount of the increase in Base Rent per month. Within sixty (60) days after the later of (a) the date Tenant vacates the Premises or (b) the expiration or sooner termination of this Lease, if Tenant is not then in default, Landlord shall return to Tenant any unapplied balance of the Security Deposit. Tenant hereby waives the provisions of any law, now or hereafter in force, which provide that Landlord is then holdingmay claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any of the Tenant Parties.

Cash Security Deposit. Concurrently with the execution of this Lease, Tenant shallshall deposit with Landlord the cash portion of the Security Deposit designated in Section 1.11 of the Summary (the "CASH SECURITY DEPOSIT"). The Cash Security Deposit shall be held by Landlord as security for the full and faithful performance by Tenant of all of the terms, at the time that Tenant executes covenants and delivers conditions of this Lease to Landlord, pay be performed by Tenaxx xxxing the Term. If Tenant defaults with respect to Landlord a security deposit (the “Security Deposit”) in the amount set forth in Exhibit 1 securing Tenant’s obligations under this Lease. In no event shall the Security Deposit be deemed to be a prepayment of rent or a measure of liquidated damages. Txxxxx agrees that no interest shall accrue on the Security Deposit and that Landlord shall have the right to commingle the Security Deposit with other funds of Landlord. In the event that Tenant shall default in any of its obligations under this Lease, Landlord may (but shall have the rightnot be required to) use, without prior notice to Tenant, to apply the Security Deposit (or any portion thereof) towards the cure of any such default. Tenant shall promptly, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In addition, in the event of a termination based upon the default of Tenant under this Lease, or a rejection of this Lease pursuant to the provisions of the Federal Bankruptcy Code, Landlord shall have the right to apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at Lxxxxxxx’s election, be applied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of retain all or any part of the Cash Security Deposit for the payment of any rent or any other sum in default, or for the payment of any other amount, loss or damage which Landlord may spend, incur or suffer by reason of Tenant's default. If any portion of the Cash Security Deposit is so used or applied, Tenant shall, within ten (10) days after demand therefor, deposit cash with Landlord in an amount sufficient to restore the Cash Security Deposit to any obligation or default its original amount. Landlord shall not be required to keep the Cash Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on the Cash Security Deposit. If Tenant shall fully and faithfully perform every provision of Tenant under this Lease to be performed by it, the Cash Security Deposit or any balance thereof shall not deprive Landlord of any other rights or remedies Landlord may have or constitute a waiver by Landlord. Provided that be returned to Tenant is not in default beyond the expiration of any applicable any notice, grace or cure period of any of its obligations under this Lease at within two (2) weeks following the expiration of the TermLease term, provided that Landlord may retain the Cash Security Deposit until such time as any amount due from Tenant in accordance with this Lease has been determined and paid in full (however, if the amount payable by Tenant is less than the Cash Security Deposit, Landlord shall refund return to Tenant not later than thirty (30) days after an amount equal to the expiration of this Lease any portion of difference between the Cash Security Deposit which and the amount payable by Tenant). If Landlord is then holdingsells its interest in the Building during the Term and if Landlord deposits with the purchaser the Cash Security Deposit (or balance thereof), and such purchaser acknowledges receipt thereof, then, upon such sale, Landlord shall be discharged from any further liability with respect to the Cash Security Deposit.

Cash Security Deposit. Concurrently with Tenant’s execution of this Lease, unless Tenant shall, at the time that Tenant executes and delivers this Lease to Landlord, pay to Landlord the Letter of Credit referred to below, Tenant shall deposit with Landlord a cash security deposit (the “Security Deposit”) in the amount set forth in Exhibit 1 securing Tenant’s obligations under this LeaseParagraph 1.11 above. In no event shall the The Security Deposit shall be deemed held by Landlord as security for the faithful performance by Tenant of each and every term, covenant and condition of this Lease applicable to be a Tenant, and not as prepayment of rent or a measure of liquidated damagesRent. Txxxxx agrees that no interest shall accrue on the Security Deposit and that Landlord shall have the right to commingle the Security Deposit with other funds of Landlord. In the event that If Tenant shall default at any time fail to keep or perform any term, covenant or condition of this Lease applicable to Tenant, including without limitation, the payment of Rentals or those provisions requiring Tenant to repair damage to the Premises caused by Tenant or to surrender the Premises in the condition required pursuant to Paragraph 35 below, after notice and failure to cure, Landlord may, but shall not be obligated to, and without waiving or releasing Tenant from any of its obligations obligation under this Lease, Landlord shall have use, apply or retain the right, without prior notice to Tenant, to apply the Security Deposit (or any portion thereof) towards the cure of any such default. Tenant shall promptly, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In addition, in the event of a termination based upon the default of Tenant under this Lease, or a rejection of this Lease pursuant to the provisions of the Federal Bankruptcy Code, Landlord shall have the right to apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at Lxxxxxxx’s election, be applied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of all whole or any part of the Security Deposit reasonably necessary for the payment of any amount which Landlord may spend by reason of Tenant’s default or as necessary to compensate Landlord for any obligation loss or default damage which Landlord may suffer by reason of Tenant’s default. In the event Landlord uses or applies any portion of the Security Deposit, Tenant under shall, within ten (10) business days after written demand by Landlord, remit to Landlord sufficient funds to restore the Security Deposit to its original sum. Failure by Tenant to so remit funds shall be a Default by Tenant. Tenant waives any restriction on the uses to which the Security Deposit or any portion thereof may be put contained in California Civil Code Section 1950.7 and Tenant hereby agrees that such Security Deposit may be applied against, among other things, delinquent rents accruing prior to termination of this Lease shall not deprive Landlord and future rent damages under California Civil Code Section 1951.2. Tenant also waives those provisions of any California Civil Code Section 1950.7, except subsection (b), and all other rights provisions of law now or remedies hereafter in force, which provide that Landlord may have claim from the Security Deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant or constitute a waiver by Landlordto clean the Premises. Provided that If Tenant is not in default beyond the expiration fully and faithfully performs every provision of any applicable any notice, grace or cure period of any of its obligations under this Lease at to be performed by it, the expiration Security Deposit or any balance of the Term, Landlord it shall refund be returned to Tenant not later than within thirty (30) days after following the expiration of this Lease any portion the Term and Tenant vacating possession of the Premises. If Landlord sells or transfers its interest in the Premises during the Term and deposits with the purchaser or credits to the purchaser the Security Deposit which or balance of it, then, upon such sale or transfer and notice thereof to Tenant, Landlord is then holdingshall be discharged from any further liability with respect to the Security Deposit.

Cash Security Deposit. Within six (6) days after full execution of this Lease, Tenant shall, at the time that Tenant executes and delivers this Lease to Landlord, pay shall deliver to Landlord a security deposit cash (the “"Security Deposit”") in the amount set forth specified as the Security Deposit in Exhibit 1 securing the Lease Summary. The Security Deposit shall secure the performance of all of Tenant’s 's obligations under this Lease, including Tenant's obligation to pay Rent and other monetary amounts, to maintain the Premises and repair damages thereto, and to surrender the Premises to Landlord upon termination of this Lease in the condition required hereunder. In no event shall the Security Deposit be deemed to be a prepayment of rent or a measure of liquidated damages. Txxxxx agrees that no interest shall accrue on the Security Deposit Landlord may use and that Landlord shall have the right to commingle the Security Deposit with other funds of Landlord. In the event that If Tenant shall default in any of its fails to perform Tenant's obligations under this Leasehereunder, Landlord shall have the rightmay, but without prior notice any obligation to Tenantdo so, to apply all or any portion of the Security Deposit (towards fulfillment of Tenant's unperformed obligations. If Landlord does so apply all or any portion thereof) towards the cure of any such default. Tenant shall promptly, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In addition, Tenant, upon written demand by Landlord, shall immediately pay to Landlord a sufficient amount in the event of a termination based upon the default of Tenant under this Lease, or a rejection of this Lease pursuant cash to the provisions of the Federal Bankruptcy Code, Landlord shall have the right to apply restore the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant original amount. Tenant's failure to pay to Landlord a sufficient amount in cash to restore the Security Deposit to its original amount within five (5) business days after receipt of such demand shall constitute a default under this Lease. Any amounts so applied shall, at Lxxxxxxx’s election, Tenant shall not be applied first entitled to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of all or any part of interest on the Security Deposit to any obligation or default of Tenant under this Lease shall not deprive Landlord of any other rights or remedies Landlord may have or constitute a waiver by LandlordDeposit. Provided that Tenant is not in default beyond the expiration of any applicable any notice, grace or cure period of any of its obligations under this Lease at the expiration of the Term, Landlord shall refund to Tenant not later than Within thirty (30) days after the expiration or earlier termination of this Lease any portion Lease, if Tenant has then performed all of Tenant's obligations hereunder, Landlord shall return the Security Deposit which to Tenant. If Landlord is then holdingsells or otherwise transfers Landlord's rights or interest under this Lease, Landlord shall deliver the Security Deposit to the transferee, whereupon Landlord shall be released from any further liability to Tenant with respect to the Security Deposit.

Cash Security Deposit. Simultaneously with Xxxxxx’s execution and delivery of this Lease, Tenant shall, at the time that Tenant executes and delivers this Lease shall deliver to Landlord, pay to Landlord a security deposit (the “Security Deposit”) in the amount set forth in Exhibit 1 securing Tenant’s obligations under this Lease. In no event shall the cash portion of Security Deposit be deemed to be a prepayment of rent or a measure of liquidated damages. Txxxxx agrees that no interest shall accrue on for the Security Deposit and that Landlord shall have the right to commingle the Security Deposit with other funds of Landlord. In the event that faithful performance by Tenant shall default in any of its obligations under this Lease. If Tenant is in default hereunder, Landlord shall have the rightmay, without prior notice to Tenantbut is not required to, to apply the Security Deposit (or any portion thereof) towards the cure of any such default. Tenant shall promptly, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In addition, in the event of a termination based upon the default of Tenant under this Lease, or a rejection of this Lease pursuant to the provisions of the Federal Bankruptcy Code, Landlord shall have the right to apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at Lxxxxxxx’s election, be applied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of use all or any part of the Security Deposit to any obligation or default of Tenant under this Lease shall not deprive Landlord of any other rights or remedies Landlord may have or constitute a waiver by Landlord. Provided that Tenant is not in default beyond the expiration of any applicable any notice, grace or cure period of any of its obligations under this Lease at the expiration of the Term, Landlord shall refund to Tenant not later than thirty (30) days after the expiration of this Lease any portion of the Security Deposit which to cure the default or to compensate Landlord for all damages sustained in connection therewith, including without limitation, Reletting Costs (as defined in Section 21.1). Tenant will, immediately on demand, pay to Landlord the sum required to replenish and restore the Security Deposit to its full amount. At any time after Xxxxxx has defaulted hereunder, Landlord may require an increase in the amount of the Security Deposit required hereunder for the then balance of the Term and Tenant shall, immediately on demand, pay to Landlord such additional sums. As soon as practicable after the expiration or termination of this Lease, Landlord will return the cash portion of the Security Deposit to Tenant, less any amounts that are reasonably necessary, as determined by Landlord in its reasonable discretion, to remedy Xxxxxx’s default(s) hereunder or to otherwise restore the Premises to a clean and safe condition, reasonable wear and tear excepted. If the cost to restore the Premises exceeds the amount of the Security Deposit, Tenant will immediately deliver to Landlord any excess sums. Landlord is then holdingnot required to keep the Security Deposit separate from other funds, and, unless otherwise required by law, Tenant is not entitled to interest on the Security Deposit. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code, and all other provisions of law, now or hereafter in effect that provide that limit the types of damages to which a security deposit may be applied, it being agreed that Landlord may claim those sums reasonably necessary to compensate Landlord for any loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee, agent or invitee of Tenant. In no event or circumstance shall Tenant have the right to any use or application of the Security Deposit and, specifically, Tenant may not use the Security Deposit as the last month’s Rent, as a credit or to otherwise offset any payments required hereunder.