Common use of Security Deposit Clause in Contracts

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord as security for the full and faithful performance by Tenant of all of the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security Deposit.

Security Deposit. Upon execution On or before the Execution Date of this Lease, Tenant shall deposit with Landlord the initial installment of the Security Deposit in the amount as set forth in Article 1. The Security Deposit Section 2.2, which sum shall be held by Landlord as security for the full and faithful performance by Tenant of all of the terms, covenants and provisions conditions of this Lease to be kept and performed by Tenant during the term hereofTerm. In no event Interest shall Landlord accrue on the Security Deposit for the benefit of Tenant and shall be obligated paid to pay, or Tenant to the extent that Tenant is entitled to receive, any interest or other earnings on the security depositreturn of the Security Deposit as provided in this Lease. Landlord shall not be obligated required to hold maintain a separate account for the Security Deposit, but may intermingle it with other funds of Landlord; provided however, Landlord shall keep the Security Deposit in trust or in a separate federally insured, interest-bearing account but may freely commingle for the security deposit benefit of Tenant. If Tenant Defaults with Landlord’s other funds. In the event Tenant fails respect to keep and perform any of the terms, covenants or provisions provision of this Lease, then Landlordwithout notice to Tenant, at Landlord’s optionLandlord may (but shall not be required to), may appropriate and apply all or any part of the Security Deposit, or so much thereof as may be necessary to pay Deposit for the payment of any Rent or any other sums due hereunder for which sum in Default. If any portion of the Security Deposit is so used or applied, then Tenant shall be in default of payment. Tenantshall, upon notice from Landlorddemand therefor, immediately shall remit to Landlord an amount sufficient to restore this the Security Deposit to its original amount. So long as no default has occurred and is continuing, the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all unapplied portion of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant, or, at Landlord's option, to the last assignee of Tenant's interest hereunder, within sixty (60) days following the expiration of the Term. Tenant hereby irrevocably waives and relinquishes any and all rights, benefits, or protections, if any, Tenant now has, or in the future may have under any provision of law which (a) establishes the time frame by which a landlord must refund a security deposit under a lease, or (b) provides that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant, or to clean the subject premises. Tenant acknowledges and agrees that (x) any statutory time frames for the return of a security deposit are superseded by the express period identified in this Section 5.4, and (y) rather than be so limited, Landlord may claim from the Security Deposit (i) any and all sums expressly identified in this Section 5.4, and (ii) any additional sums reasonably necessary to compensate Landlord for any and all losses or damages caused by Tenant's default of this Lease, including, but not limited to, all damages or rent due upon termination of this Lease. In the event of a sale of the Buildingbankruptcy or other debtor-creditor proceedings against Tenant, Landlord may deliver the Security Deposit shall be deemed to be applied first to the purchaser, payment of Rent and upon such delivery, other charges due Landlord shall be discharged from any further liability with respect for all periods prior to the Security Depositfiling of such proceedings.

Security Deposit. Upon execution of this Lease, Tenant shall agrees to deposit with Landlord the Security Deposit in with Landlord on the amount set forth in Article 1date hereof. The Security Deposit shall be held retained by Landlord as security for the full and faithful performance and observance by Tenant of all its obligations under this Lease, it being expressly agreed that the Security Deposit is not an advance rental deposit or a measure of the termsLandlord's damages. Except as may otherwise be required by applicable law, covenants and provisions of this Lease during the term hereof. In no event (a) Tenant shall Landlord not be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Security Deposit, (b) Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely account, and (c) Landlord shall have the right to commingle the security deposit Security Deposit with Landlord’s its other funds. In If Tenant defaults under this Lease and such default extends beyond any applicable grace or cure period (following notice of default being given to Tenant to the event Tenant fails to keep and perform extent required hereunder), without limiting any other right or remedy of Landlord, Landlord may also apply the whole or any part of the terms, covenants or provisions Security Deposit to the extent required for the payment of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for payable under this Lease as to which Tenant shall be is in default or on account of paymentany sum which Landlord may expend or may be required to expend by reason of Tenant's default. TenantIf any portion of the Security Deposit is applied by Landlord for any such purpose, upon notice from Tenant shall, within ten (10) days after demand is made by Landlord, immediately shall remit to deposit cash with Landlord in an amount sufficient to restore this the Security Deposit to the amount required to be maintained in accordance with this Articleits original amount. Upon Xxxxxx’s full If Tenant shall fully and complete performance and compliance faithfully comply with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms conditions of this Lease, the Security Deposit shall be promptly returned to TenantTenant after the expiration date of the Term and the surrender of the Premises to Landlord. In no event shall the Security Deposit be applied to the last monthly installment of Base Rent or Additional Rent due prior to the expiration date of the Term. In the event of a sale of the BuildingPremises, Landlord may deliver shall have the right to transfer the Security Deposit to the purchaserpurchaser subject to the terms of this Lease, and upon such delivery, whereupon Landlord shall be discharged released by Tenant from any further all liability with respect for the return of the Security Deposit and Tenant shall look solely to the Security Depositnew landlord for its return.

Security Deposit. Upon execution Within ten (10) days of this Leasethe Effective Date, Tenant shall deposit with Landlord the Security Deposit in the amount as set forth in Article 1. The Security Deposit shall be held by Landlord Item 13 of the Summary of Basic Lease Terms as security for the full and faithful performance by Tenant of all of Tenant’s obligations hereunder. No interest shall be paid upon the terms, covenants and provisions of this Lease during the term hereof. In no event Security Deposit nor shall Landlord be obligated required to pay, or Tenant is entitled to receive, any interest or other earnings on maintain the security depositdeposit in a segregated account. Landlord The Security Deposit shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other fundsconstrued as prepaid Rent. In the event that Tenant fails to keep shall default in the full and perform faithful performance of any of the terms, covenants or provisions of this Leaseterms hereof, then Landlord may either retain the Security Deposit as liquidated damages, or a portion thereof, for damages caused by Tenant beyond ordinary wear and tear, or Landlord may retain the same and apply it toward any damages sustained by Landlord, at Landlord’s optionincluding but not limited to actual damages sustained by the Landlord by reason of the default of Tenant, may appropriate and apply including any past due Rent. Upon each such application, Tenant shall, on demand, pay to Landlord the sum so applied, which shall be added to the Security Deposit, or Deposit so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant that the same shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit restored to the amount required to be maintained in accordance with this Articlefirst set forth above. Upon Xxxxxx’s full and complete performance and compliance with all In the event of the termsbankruptcy or other debtor-creditor proceedings, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Leaseeither voluntarily or involuntarily instituted by or against Tenant, the Security Deposit shall be returned deemed to Tenantbe applied in the following order: to actual damages caused by Tenant beyond ordinary wear and tear, obligations and other charges, including any damages sustained by Landlord, other than unpaid Rent, due to Landlord for all periods prior to the filing of such proceedings; to accrued and unpaid Rent prior to the filing of such proceeding, and thereafter to actual damages, obligations, other charges and damages sustained by Landlord and Rent due the Landlord for all periods subsequent to such filing. In the event of a sale of the Land and the Building, Landlord may deliver shall transfer the Security Deposit to the purchaserbuyer, and upon such deliveryshall confirm the same to Tenant in writing, after which transfer and written confirmation Landlord shall have no further obligation regarding the Security Deposit. Notwithstanding the foregoing, and so long as Tenant is not in default of this Lease beyond any applicable cure period, Landlord shall be discharged from any further liability with respect return to Tenant (or, at Tenant’s option, or apply to subsequent payments of Rent due hereunder) a portion of the Security DepositDeposit in the amount of Sixty Thousand and 00/100 Dollars ($60,000.00) upon the first anniversary of the Commencement Date and also upon the date that is eighteen (18) months after the Commencement Date. The remaining balance of the Security Deposit shall be held until the expiration of the Lease Term. If Tenant fully and faithfully complies with all of the terms hereof, the Security Deposit or any balance thereof shall be returned to Tenant within thirty (30) days after expiration of the Lease Term or thirty (30) days after the final day Tenant occupies the Premises.

Security Deposit. Upon execution If LICENSEE defaults under any of the terms or conditions of this LeaseAgreement more than two times during any twelve consecutive months during the term of this Agreement, Tenant LICENSEE agrees, that in addition to curing such event of default, it shall pay LICENSOR a security deposit with Landlord the equal to $25,000 ("Security Deposit in the amount set forth in Article 1. The Security Deposit shall Deposit"), which will be held by Landlord LICENSOR without interest as security for the full and faithful performance by Tenant LICENSEE of all of the terms, LICENSEE's covenants and provisions obligations under this Agreement, it being expressly understood that such deposit is not an advance payment of this Lease during license fees or a measure of LICENSOR's damages if LICENSEE defaults again. Following the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any payment of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration occurrence of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the any event of a sale of the Buildingdefault by LICENSEE, Landlord may deliver LICENSOR may, from time to time, without prejudice to any other remedy provided in this Agreement or by law, use the Security Deposit to the purchaserextent necessary to make good any arrearages of payment owed by LICENSEE to LICENSOR or any amount as to which LICENSEE is in default or for any other damage, and upon injury, expense, or liability caused to LICENSOR by such deliveryevent of default, Landlord shall be discharged from regardless whether such damages or deficiency accrue before or after termination of this Agreement. Following any further liability with respect to such application of the Security Deposit, LICENSEE agrees to pay to LICENSOR on demand the amount so applied in order to restore the Security Deposit to its original amount and LICENSEE's failure to do so within ten days of the date of demand will be, at LICENSOR's election, a material default under this Agreement. If LICENSEE is not in default of this Agreement upon the termination of this Agreement, LICENSOR agrees to return any remaining balance of such Security Deposit to LICENSEE within thirty days of the date of the termination of this Agreement. LICENSOR's deduction of any amounts owed by LICENSEE to LICENSOR from the Security Deposit will in no event release LICENSEE from being in default under the terms of this Agreement. LICENSOR will not be required to keep this Security Deposit separate from its general funds. LICENSEE agrees that it will not assign or encumber, or attempt to assign or encumber, the monies deposited under this Agreement as security, and that LICENSOR and its successors and assigns will not be bound by any such actual or attempted assignment or encumbrance. If LICENSEE cures the event of default that triggered the obligation to put up the $25,000 Security Deposit and is not then in default, LICENSOR agrees to refund the $25,000 amount put as a Security Deposit within ten days of the date of LICENSEE's request.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 11 (“Security Deposit”), upon Tenant’s execution and submission of this Lease. The Security Deposit shall be held by Landlord serve as security for the prompt, full and faithful performance by Tenant of all of the terms, covenants and provisions of this Lease. If Tenant commits a Default, or owes any amounts to Landlord upon the expiration or earlier termination of this Lease during (including estimated amounts under Article 3, which shall remain subject to reconciliation against actual amounts as further provided therein), Landlord may use or apply the term hereofwhole or any part of the Security Deposit for the payment of Tenant’s obligations hereunder. The use or application of the Security Deposit or any portion thereof shall not prevent Landlord from exercising any other right or remedy provided hereunder or under any Law and shall not be construed as liquidated damages. In no the event the Security Deposit is reduced by such use or application, Tenant shall deposit with Landlord be obligated within ten (10) days after notice, an amount sufficient to pay, or Tenant is entitled to receive, any interest or other earnings on restore the security depositfull amount of the Security Deposit. Landlord shall not be obligated required to hold keep the Security Deposit in trust or in a separate account but may freely commingle the security deposit with from Landlord’s other fundsgeneral funds or pay interest on the Security Deposit. In the event Tenant fails to keep and perform any Any remaining portion of the terms, covenants Security Deposit not used or provisions of this Lease, then Landlordapplied hereunder shall be returned to Tenant (or, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained last assignee of Tenant’s interest in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and Lease) within thirty (30) days following Xxxxxx’s surrender of after Tenant (or such assignee) has vacated the Premises in accordance with Article 23 and this obligation shall survive termination of the terms Lease. If the Premises shall be expanded at any time, or if the Term shall be extended at an increased rate of this LeaseRent, the Security Deposit shall thereupon be returned proportionately increased. Tenant shall not assign, pledge or otherwise transfer any interest in the Security Deposit except as part of an assignment of this Lease approved by Landlord under Article 13, and any attempt to Tenantdo so shall be null and void. In the event of a sale Landlord shall provide Tenant with written notice of the Building, Landlord may deliver transfer of the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security Depositother party.

Security Deposit. Upon execution of this Lease, Tenant shall receive a comprehensive Move-­‐In and Move-­‐Out Inspection Report (The “Inspection Report” -­‐ attached hereto as Exhibit “A”) which lists for Tenant’s permanent retention any existing damages. Tenant is entitled to inspect the Residence to ascertain the accuracy of the Inspection Report prior to taking occupancy, and Tenant shall either sign the Inspection Report or state specifically in writing the items listed therein to which Tenant dissents, and Tenant shall sign such statement of dissent. No such written report shall constitute a request for repairs within the meaning of Paragraph 17 of the Lease. Upon Tenant's receipt of the Inspection Report, the Reservation Fee will automatically be converted to a security deposit with Landlord (the "Security Deposit Deposit") in the amount set forth in Article 1. The Security Deposit shall be held by Landlord stated above as security for the full and faithful performance and observance by Tenant of all of the terms, covenants each and provisions every term and covenant of this Lease during Lease, including, without limitation, the term hereofpayment of Rent. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the The Security Deposit is being held in trust or Escrow Account No. 0000000 at The National Bank of Georgia, Athens, Georgia maintained by Agent. Agent may, but is not obligated to, maintain such funds in a separate account but may freely commingle an interest bearing account. Any interest accruing shall become the security deposit with Landlord’s other fundsproperty of Agent. In the event Tenant fails to keep and perform any of a sale or other conveyance of the termsResidence, covenants Landlord shall be entitled to transfer the Security Deposit (or Reservation Fee) to the party who acquires the Residence, and from and after such transfer, Landlord shall be released of any liability with respect thereto. Before Tenant may occupy the Residence, the full Security Deposit and first month's Rent indicated above must have been received by Landlord. The Security Deposit is not part of Rent and consequently cannot be deducted from the final month’s Rent due hereunder. The provisions relating to the Security Deposit are for the protection of Landlord, and are in addition to and not in limitation of Landlord’s other remedies set forth in this Lease or at law, it being understood that Tenant is completely responsible for Rent for the entire Lease Term and for any and all damages to the Residence or otherwise, all as provided herein, and that the Security Deposit may be set off against the total claims of Landlord and shall not constitute Landlord’s exclusive remedy. Further, Landlord can retain as much of the Security Deposit as is necessary to return the Residence to its original state when occupancy began, ordinary wear and tear excepted, in accordance with § 410 of the South Carolina Residential Landlord and Tenant Act, S.C. Code §27-­‐40-­‐10, et seq. Upon Tenant’s surrendering possession of the Residence upon the termination or expiration of this Lease, then LandlordTenant and Landlord shall jointly inspect the Residence and complete the Move-­‐Out Inspection portion of the Inspection Report, at Landlord’s option, may appropriate and apply listing any damage done to the Residence during the Lease Term which is the basis for any charge against the Security Deposit, and the estimated dollar value of such damage. Landlord shall provide to Tenant, either prior to move-­‐out inspection or so much at the time of move-­‐out inspection, an itemized list of anticipated costs for damage repair and work related to making the Residence ready for new occupancy. Tenant acknowledges that the extent of any necessary repairs or work may vary within reason and such variations could increase or reduce the final cost of damages or work billed to Tenant’s Security Deposit. Tenant agrees to leave all power, water and gas (if applicable) on until the Termination Date, and the cost of having such utilities turned on to perform the inspection shall be borne by Tenant. Landlord and Tenant shall sign the Inspection Report; however, if Tenant refuses to sign the Inspection Report, Tenant must state specifically in writing the items on the Inspection Report to which Tenant dissents and shall sign the statement of dissent and deliver the same to Landlord in person or via certified United States Postal Service. Landlord shall deduct from the Security Deposit sums sufficient to compensate Landlord for the following items prior to returning the Security Deposit or any portion thereof as may be necessary to pay Tenant: (i) any Rent failure to comply with the move-­‐out procedures (outlined in Paragraph 7 the “Move-­‐Out Procedures”), (ii) any damages to the Residence in excess of normal wear and tear, (iii) any damages to the Residence due to the negligence, carelessness, accident or other abuse of Tenant, (iv) any unpaid sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with under the terms of this Lease, including without limitation, Rent, late charges, utilities, returned or dishonored check charges, unpaid damage claims, pet fines, key replacement charges, charges for removing, packing and storing abandoned, seized or lawfully removed property, court costs and any actual damages caused by any breach of this Lease by Tenant, and (v) any noncompliance by Tenant with § 510 of the South Carolina Residential Landlord and Tenant Act. After deduction of the items specified in the immediately preceding sentence, the balance of the Security Deposit, if any, together with a written, itemized accounting of deductions shall be mailed by first class mail to Tenant no later than thirty (30) days after the termination of this Lease or the surrender and acceptance of the Residence, whichever occurs later. Tenant shall notify Landlord in writing at the time of move-­‐out inspection of Tenant’s forwarding address in order to enable Landlord to return the statement required with respect to the Security Deposit and any appropriate return of any portion of the Security Deposit to Tenant. In the event that Tenant is comprised of more than one individual, the refund of the portion of the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver each resident equally without regard to which Tenant paid the Security Deposit and without regard to the purchaser, and upon such delivery, Landlord which Tenant’s conduct resulted in any deductions there from. Refunds shall be discharged from any further liability mailed to each Tenant at the forwarding address given to Landlord. If Tenant has not supplied Landlord with respect to the correct forwarding address, Tenant shall pay all costs incurred by Landlord in reissuing the Security Deposit.

Security Deposit. Upon (a) Tenant shall deliver to Heritage Title Company of Austin, Inc. (“Escrow Agent”) upon execution and delivery of this Lease, Lease by Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord as security for the full and faithful performance of each of the terms hereof by Tenant. The Security Deposit shall be delivered to Landlord by the Escrow Agent upon Landlord’s achievement of the Delivery Date Milestone and delivery to the Escrow Agent and Tenant of all the evidence of the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security depositcompletion for such Milestone as set forth in Section 2.3 above. Landlord and Tenant shall not be obligated to hold execute a commercially reasonable escrow agreement regarding the escrow of the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions promptly after execution of this Lease, then Landlord, at Landlordit being agreed that the Escrow Agent’s option, may appropriate and apply standard escrow agreement is commercially reasonable. Landlord shall be required to keep the Security DepositDeposit separate from its general funds and Tenant shall be entitled to interest thereon. If an Event of Default occurs, Landlord may, but shall not be required to, use, apply or so much thereof as may be necessary to pay retain all or any part of the Security Deposit for the payment of any Rent or any other sums due hereunder sum in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of such Event of Default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of such Event of Default, including, without limitation, costs and attorneys’ fees incurred by Landlord to recover possession of the Premises. If any portion of the Security Deposit is so used or applied, Tenant shall be in default of payment. Tenantshall, upon notice from Landlorddemand therefor, immediately shall remit to deposit cash with Landlord in an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, its original amount and Tenant’s failure to do so shall constitute an Event of Default. The Security Deposit is not an advance payment of Rent or a measure or limit of Landlord’s damages upon such delivery, Landlord shall be discharged from any further liability with respect to the Security Depositan Event of Default.

Security Deposit. Upon execution The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord Landlord, without liability for interest, as security for the full and faithful performance by Tenant of all of the terms, Tenant’s covenants and provisions of obligations under this Lease during Lease, it being expressly understood that the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord Security Deposit shall not be obligated considered an advance payment of Rent or a measure of Tenant’s liability for damages in case of default by Tenant. Landlord may, from time to hold time, without prejudice to any other remedy, use the Security Deposit in trust to the extent necessary to make good any arrearages of Rent or in a separate account but may freely commingle to satisfy any other covenant or obligation of Tenant hereunder following the security deposit with Landlord’s other fundsexpiration of any applicable cure periods. In the event Tenant fails to keep and perform Following any such application of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit pay to Landlord an on demand the amount sufficient so applied in order to restore this the Security Deposit to the amount required hereunder, from time to be maintained time. If Landlord transfers its interest in accordance with the Complex during the term of this ArticleLease, Landlord may assign the Security Deposit to the transferee and upon assumption by such transferee of liability for the Security Deposit, Landlord shall have no further liability for the return of such Security Deposit. Upon Xxxxxx’s full and complete performance and compliance with application of all or any part of the termsSecurity Deposit, covenants and Tenant must upon demand restore the Security Deposit to the amount required hereunder, from time to time. No application of the Security Deposit by Landlord will be deemed to have cured Tenant’s default. Tenant waives all provisions of this Lease during Laws, now or hereinafter in force, which restrict the lease term, amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the expiration handling or return of the term and security deposits. The Security Deposit will be released to Tenant within thirty (30) days following Xxxxxx’s of the surrender of the Premises in accordance with to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit shall be returned to Tenant. In in the event form of a sale Letter of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability Credit in accordance with respect to the Security DepositExhibit “M” attached hereto.

Security Deposit. Upon execution Tenant agrees to deposit with Landlord $198,800.00 as security for the performance by Tenant of every covenant and condition of this LeaseLease by Tenant to be performed (the “Security Deposit”). Notwithstanding the foregoing, Landlord has waived the requirement of Tenant shall to deposit with Landlord the Security Deposit in the amount set forth in Article 1this Section 3.06 concurrently upon the execution of this Lease. The Security Deposit shall be held by Landlord as security for Nevertheless, if Tenant defaults in the full and faithful performance by Tenant of all timely payment of the terms, covenants and provisions of Base Rent or any Additional Rent required under this Lease on more than two (2) occasions during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions Term of this Lease, then Tenant shall be required, within ten (10) days written notice from Landlord to deposit with Landlord the Security Deposit as security for Tenant’s complete performance of its obligations under this Lease and the remainder of the terms and provisions of this Section 3.06 shall be applicable to the Security Deposit. The failure by Tenant to deposit with Landlord the Security Deposit as required hereunder shall constitute a material default under this Lease and Landlord shall not be required to deliver to Tenant any further notice of such default or allow any grace period for the cure of such default. Said deposit may be commingled with other funds of Landlord, at Landlord’s option, may appropriate and apply shall bear no interest. Upon the deposit of the Security Deposit, if Tenant shall default with respect to any covenant or so much thereof condition of this Lease, including, but not limited to, the payment of any sum due hereunder, then Landlord may use such portion of the Security Deposit as may be is necessary to pay any Rent cure such default. In the event Landlord so uses the Security Deposit in part or other sums due hereunder for which in whole, Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to will restore this the Security Deposit to the required amount required upon notice of said default and failure to do so shall be maintained in accordance with a default under this ArticleLease. Upon Xxxxxx’s full and complete performance and compliance Should Tenant comply with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms conditions of this Lease, the Security Deposit or any balance thereof shall be returned to Tenant. In Tenant at the event of a sale expiration of the Building, Landlord may deliver the Term thereof. The Security Deposit to the purchaser, and upon such delivery, Landlord shall not be discharged from deemed an advanced payment of Rent or measure of Landlord’s damages for any further liability with respect to the Security Depositdefault hereunder by Tenant.

Security Deposit. Upon The Security Deposit shall be delivered to Landlord upon the execution of this Lease by Tenant and shall be held by Landlord without liability for interest (except as required by law) and as security for the performance of Tenant's obligations under this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall not be held by considered an advance payment of Rent or a measure of Tenant's liability for damages. Landlord as security for the full and faithful performance by Tenant of may, from time to time, without prejudice to any other remedy, use all or a portion of the termsSecurity Deposit to make good any arrearage of Rent, covenants and provisions to repair damages to the Premises, to clean the Premises upon termination of this Lease during or otherwise to satisfy any other covenant or obligation of Tenant hereunder. Following any such application of the term hereof. In no event Security Deposit, Tenant shall pay to Landlord be obligated on demand the amount so applied in order to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold restore the Security Deposit to its original amount. If Tenant is not in trust or in a separate account but may freely commingle default at the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions termination of this Lease, then Landlord, at Landlord’s option, may appropriate after Tenant surrenders the Premises to Landlord in accordance with this Lease and apply all amounts due Landlord from Tenant are finally determined and paid by Tenant or through application of the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default the balance of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit remaining after any such application shall be returned to Tenant. In If Landlord transfers its interest in the event of a sale of Premises during the BuildingLease Term, Landlord may deliver assign the Security Deposit to the purchaser, transferee and upon such delivery, Landlord thereafter shall be discharged from any have no further liability with respect for the return of such Security Deposit. Tenant agrees to look solely to such transferee or assignee for the return of the Security Deposit. Landlord and its successors and assigns shall not be bound by any actual or attempted assignment or encumbrance of the Security Deposit by Tenant, provided, however, if Tenant's interest in this Lease has been assigned, Landlord shall, provided that Landlord has been furnished with a fully executed copy of the agreement assigning such Security Deposit, return the Security Deposit to such assignee in accordance with the terms and conditions hereof. If Landlord return the Security Deposit to Tenant's assignee as aforesaid, Landlord will have no further obligation to any party with respect thereto. Landlord shall not be required to keep the Security Deposit separate from its other accounts.

Security Deposit. Upon execution of this Lease, Tenant shall deposit has deposited with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord sum of Ten Thousand Six Hundred Fifty Dollars US ($10,650.00) as security for the full full, timely and faithful performance by Tenant of all its covenants and obligations hereunder. Such security deposit shall not bear interest. If Tenant defaults in the performance of any of the terms, covenants and provisions obligations to be performed by it, Landlord may from time to time without prejudice to any other remedy, use such security deposit to the extent necessary to make good any arrearages in rent or any sum as to which Tenant is in default and any other damage, injury, expense or liability caused to Landlord by such default. This would include any damages or deficiency in the reletting of the Premises, whether such damages or deficiency may accrue before or after termination of this Lease. Following any such application of the security deposit, Tenant shall pay to Landlord on demand the amount so applied in order to restore the security deposit to its original amount. If Tenant is not then in default hereunder, Landlord shall return any remaining balance of security deposit to Tenant upon termination of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any after delivery of possession of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit Premises to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this ArticleLease. Upon Xxxxxx’s full and complete performance and compliance with all of If Landlord assigns its interest in the terms, covenants and provisions of this Lease Premises during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the BuildingLease Term, Landlord may deliver assign the Security Deposit security deposit to the purchaser, assignee and upon such delivery, thereafter Landlord shall be discharged from any have no further liability with respect for the return of such security deposit and Tenant agrees to look solely to the Security Depositnew Landlord for the return of such security deposit. This provision shall apply to every transfer or assignment made of the security deposit to a new Landlord. Tenant agrees that it will not assign or encumber or attempt to assign or encumber the monies deposited as security and that Landlord and its successors and assignees shall not be bound by any such actual or attempted assignment or encumbrance.

Security Deposit. Upon execution of signing this Lease, Tenant shall immediately deposit with Landlord the Security Deposit in the amount set forth in Article 1. The 1 as the “Security Deposit shall be held by Landlord Deposit” as security for the full and faithful performance by Tenant of all of the terms, covenants and provisions terms of this Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent; (ii) to repair damage to the Leased Premises caused by Tenant; (iii) to clean and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2; and (iv) to remedy any other default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from its general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Building during the term hereofLease Term, Landlord shall pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of sixty days following a surrender of the Leased Premises by Tenant to Landlord within which to return the Security Deposit (less permitted deductions) to Tenant, it being agreed between Landlord and Tenant that sixty days is a reasonable period of time within which to inspect the Leased Premises, make required repairs, receive and verify workmen’s xxxxxxxx therefore, and prepare a final accounting with respect to such deposit. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may any portion thereof, be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security Depositconsidered prepaid rent.

Security Deposit. Upon execution of this LeaseOn the Effective Date, Tenant shall deposit with Landlord the Security Deposit in the amount as set forth in Article 1. The Security Deposit shall be held by Landlord Paragraph 16 of the Summary of Basic Lease Terms as security for the full and faithful performance by Tenant of all of Tenant’s obligations hereunder. No interest shall be paid upon the terms, covenants and provisions of this Lease during the term hereof. In no event Security Deposit nor shall Landlord be obligated required to pay, or Tenant is entitled to receive, any interest or other earnings on maintain the security depositdeposit in a segregated account. Landlord The Security Deposit shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other fundsconstrued as prepaid Rent. In the event that Tenant fails shall fail to keep and perform any of cure a default under this Lease within the terms, covenants or provisions of this Leasetime allowed for cure, then Landlord, at Landlord’s option, Landlord may appropriate and apply retain the Security Deposit, or a portion thereof, and apply it toward any damages sustained by Landlord, including but not limited to actual damages sustained by the Landlord by reason of the default of Tenant, including any past due Rent. Upon each such application, Tenant shall, on demand, pay to Landlord the sum so much thereof as may be necessary to pay any Rent or other sums due hereunder for applied, which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit added to Landlord an amount sufficient to restore this the Security Deposit so that the same shall be restored to the amount required to be maintained in accordance with this Articlefirst set forth above. Upon Xxxxxx’s full and complete performance and compliance with all In the event of the termsbankruptcy or other debtor-creditor proceedings, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Leaseeither voluntarily or involuntarily instituted by or against Tenant, the Security Deposit shall be returned deemed to Tenantbe applied in the following order: to actual damages caused by Tenant beyond ordinary wear and tear, obligations and other charges, including any damages sustained by Landlord, other than unpaid Rent, due to Landlord for all periods prior to the filing of such proceedings; to accrued and unpaid Rent prior to the filing of such proceeding, and thereafter to actual damages, obligations, other charges and damages sustained by Landlord and Rent due the Landlord for all periods subsequent to such filing. In the event of a sale of the Building, Landlord may deliver shall have the right to transfer the Security Deposit to the purchaserbuyer, and, assuming the buyer assumes all of Landlord’s obligations under this Lease and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security Deposit, Landlord shall have no further obligation regarding the Security Deposit. If Tenant is not then in default under this Lease, the Security Deposit or any balance thereof shall be returned to Tenant within forty-five (45) days after expiration of the Lease Term or forty-five (45) days after the final day Tenant occupies the Leased Premises.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord as security for the full and faithful performance of Tenant's obligations under this Lease. If Tenant fails to pay Rent, or otherwise an Event of Default occurs under this Lease, Landlord may use, apply or retain all or any portion of said Security Deposit for the payment of any amount already due Landlord, for Rents which will be due in the future, and/or to reimburse or compensate Landlord for any liability, expense, loss or damage which Landlord may suffer or incur by Tenant of reason thereof. If Landlord uses or applies all or any portion of the termsSecurity Deposit, covenants and provisions of Tenant shall within 10 days after written request therefor deposit monies with Landlord sufficient to restore said Security Deposit to the full amount required by this Lease Lease. If the Base Rent increases during the term hereofof this Lease, Tenant shall, upon written request from Landlord, deposit additional monies with Landlord so that the total amount of the Security Deposit shall at all times bear the same proportion to the increased Base Rent as the initial Security Deposit bore to the initial Base Rent. In no event Should the Permitted Use be amended to accommodate a material change in the business of Tenant or to accommodate a sublessee or assignee, Landlord shall have the right to increase the Security Deposit to the extent necessary, in Landlord's reasonable judgment, to account for any increased wear and tear that the Premises may suffer as a result thereof. Landlord be obligated may use, apply or retain all or any portion of the Security Deposit (i) first, for Tenant's repair obligations, including without limitation, the obligation to payrestore the Premises to the condition required under this Lease, or Tenant is entitled (ii) second, to receive, the payment of any interest rent or other earnings sum in default or for the payment of any other sum to which Tenant may become obligated by reason of Tenant's default, and (iii) third, to compensate Landlord for any loss or damage which Landlord may suffer thereby. If a change in control of Tenant occurs during this Lease and following such change the financial condition of Tenant is, in Landlord's reasonable judgment, significantly reduced, Tenant shall deposit such additional monies with Landlord as shall be sufficient to cause the Security Deposit to be at a commercially reasonable level based on the security depositsuch change in financial condition. Landlord shall not be obligated required to hold keep the Security Deposit in trust separate from its general accounts. Within 90 days after the expiration or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions termination of this Lease, then Landlord, at Landlord’s option, may appropriate and apply Landlord shall return that portion of the Security Deposit, Deposit not used or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which applied by Landlord. Landlord shall upon written request provide Tenant shall be in default with an accounting showing how that portion of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this the Security Deposit to the amount required to be maintained in accordance with this Articlethat was not returned was applied. Upon Xxxxxx’s full and complete performance and compliance with all No part of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned considered to Tenantbe held in trust, to bear interest or to be prepayment for any monies to be paid by Tenant under this Lease (including, without limitation, Base Rent). In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaserTenant hereby waives California Civil Code Section 1950.7, and upon such deliveryall other provisions of law, now or hereafter in force, which may provide that Landlord shall be discharged can 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 further liability with respect to other loss or damage, foreseeable or unforeseeable, caused by the Security Depositact or omission of Tenant or any officer, employee or agent of Tenant.

Security Deposit. Upon execution of this Lease, Section 29.1 Tenant shall deposit with Landlord has deposited the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by with Landlord as security for the full and faithful performance of every provision of this Lease to be performed by Tenant through the Term and all renewals thereto. If an Event of Default shall have occurred with respect to any provision of this Lease, including but not limited to the provisions relating to the payment of Fixed Rent and Additional Rent, Landlord may use, apply or retain all or any part of this Security Deposit for the payment of any Fixed or Additional Rent or any other sum as to which Tenant is in default or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of such Event of Default, or to compensate Landlord for any other loss, cost or damage which Landlord may suffer by reason of such Event of Default to the extent permitted under this Lease. Landlord shall give Tenant notice contemporaneously with such use or application of any portion of the Security Deposit. Tenant shall, within ten (10) Business Days after the giving of such notice, deposit with Landlord cash (or other suitable collateral such as an additional letter of credit) in an amount sufficient to restore the Security Deposit to the amount then required pursuant to the terms of this Article 29 and Tenant’s failure to do so shall be a breach of this Lease. Landlord shall not, unless otherwise required by Laws, pay interest to Tenant on the Security Deposit, and if Landlord is required to maintain the Security Deposit in an interest bearing account, Landlord will retain the maximum amount permitted under Laws as a bookkeeping and administrative charge. Tenant shall not assign or encumber any part of the Security Deposit, and no assignment or encumbrance by Tenant of all of any part of the termsSecurity Deposit shall be binding upon Landlord, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to paywhether made prior to, during, or Tenant is entitled to receive, any interest or other earnings on after the security depositTerm. Landlord shall not be obligated required to hold exhaust its remedies against Tenant or against the Security Deposit before having recourse to any other form of security held by Landlord and recourse by Landlord to any Security Deposit shall not affect any remedies of Landlord which are provided in trust this Lease or which are available to Landlord in law or in equity. If Tenant shall fully and faithfully perform every covenant and provision of this Lease to be performed and observed by Tenant, the Security Deposit or any balance thereof shall be returned to Tenant reasonably promptly after the expiration or sooner termination (other than a separate account termination pursuant to Article 17) of the Term and Tenant’s surrender to Landlord of the Premises, but may freely commingle the security deposit with Landlord’s other fundsin no event later than sixty (60) days after such expiration or termination. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the BuildingBuilding is sold, Landlord may deliver shall transfer the Security Deposit to the purchaser, new owner and upon such delivery, Landlord shall thereupon be discharged released by Tenant from any further all liability with respect for the return of said Security Deposit; and Tenant agrees to look to the new owner solely for the return of the Security Deposit. A lease of the entire Building shall be deemed a transfer within the meaning of the foregoing sentence. Landlord shall notify or cause Tenant to be notified in the event of any transfer of the Building.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord pay to Landlord, within three (3) business days following the Effective Date, a Security Deposit in the amount set forth specified in Article 1the Basic Lease Provisions. The Security Deposit Said amount shall be held by Landlord as security for the full and faithful performance by Tenant of all of the terms, covenants and provisions conditions of this Lease to be kept and performed by Tenant during the term hereofTerm. In no event If Tenant defaults with respect to any provision of this Lease, including the provisions relating to the payment of Rent, that is continuing beyond the applicable notice and cure period, Landlord may (but shall Landlord not be required to) use, apply or retain all or any part of the Security Deposit for the payment of any Rent or any other amount Tenant is obligated to pay; provided, however, Tenant acknowledges that the Security Deposit is not an advance payment of Rent or a measure of Tenant’s liability for damages. If any portion of said deposit is so used or applied, Tenant is entitled shall, within three (3) business days of written demand therefor, deposit cash (which may be made via ACH payment) with Landlord in an amount sufficient to receive, any interest or other earnings on restore the security depositSecurity Deposit to its original amount and Tenant’s failure to do so shall be a material default of this Lease. Landlord shall not be obligated required to hold keep the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other from its general funds. In the event Tenant fails to keep , and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall not be in default of paymententitled to interest on such deposit. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full If Tenant fully and complete performance and compliance with all of the terms, covenants and provisions faithfully performs every provision of this Lease during to be performed by it, or cures a default within the lease termapplicable notice and cure period, upon or timely reimburses Landlord for a default cured by Landlord, the expiration of the term and Security Deposit or any balance thereof shall be returned to Tenant within thirty (30) days following Xxxxxx’s surrender of after the Premises in accordance with the terms Expiration Date or earlier termination of this Lease, provided that Landlord may retain the Security Deposit shall be returned until such time as (i) any amount due (if any) from Tenant under this Lease (including damages under Civil Code Section 1951.2) has been determined by Landlord in good faith and paid in full, and (ii) permitted by Law. Tenant also hereby consents to Tenant. In the event Landlord’s application of a sale all or part of the Building, Landlord may deliver the Security Deposit to any post-rejection claims that Landlord may have with respect to Tenant’s obligations under this Lease in any bankruptcy proceeding involving Tenant. Tenant hereby waives the purchaserprovisions of Section 1950.7 of the California Civil Code, or any successor statute, and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Landlord may, in addition, claim those sums specified in this Section above and/or those sums reasonably necessary to compensate Landlord for any loss or damage caused by Tenant’s default of this Lease, including all damages or rent due upon such delivery, termination of this Lease pursuant to Section 1951.2 of the California Civil Code. No trust relationship or fiduciary duty is created between Landlord shall be discharged from any further liability and Tenant with respect to the Security Deposit, only a relationship of debtor and creditor. Tenant hereby pledges and grants to Landlord a security interest in the Security Deposit to secure the payment and performance of any and all debts, obligations and liabilities of Tenant to Landlord arising out of, connected with or related to this Lease, whether now existing or hereafter arising, voluntary or involuntary, whether jointly owed with others, direct or indirect, absolute or contingent, liquidated or unliquidated, and whether from time to time decreased or extinguished and later increased, created or incurred. Tenant authorizes Landlord to file such financing or continuation statements, and amendments thereto, relating to all or any part of the Security Deposit as Landlord deems necessary. With respect to the Security Deposit, Landlord shall have all the rights, powers and remedies of a secured party under the Uniform Commercial Code. All of the rights, powers and remedies of Landlord under this Lease shall be in addition to all rights, powers and remedies given to Landlord by any statute or rule of Law, or other agreement, shall be cumulative and may be exercised successively or concurrently without impairing or in any way affecting Landlord’s security interest in the Security Deposit.

Security Deposit. Upon Within ten (10) days of mutual execution and delivery of this Lease, Tenant shall agrees to deposit with Landlord a letter of credit in the amount of $1,985,507.25 on a form reasonably acceptable to Landlord (the “Security Deposit”) to guarantee the payment of rent and the performance by Tenant of all the terms and provisions of this Lease Agreement; it being acknowledged and agreed that Chase Bank is approved as an issuer of the Security Deposit in and the amount set forth in Article 1form of letter of credit attached to this Lease as Exhibit F has been approved by the parties. Upon the occurrence of any default under this Lease Agreement by Tenant that continues beyond the expiration of applicable notice and cure periods, Landlord may draw upon said Security Deposit to the extent necessary to cure such default, whether rent or otherwise. The Security Deposit shall be held by Landlord as security for returned or released to Tenant upon compliance with the full and faithful performance by Tenant of all of the terms, covenants terms and provisions of this Lease during the term Agreement, including, without limitation, Article 18 hereof. In no event shall Landlord be obligated Tenant understands that its potential liability under this Lease Agreement is not limited to pay, or Tenant is entitled to receive, any interest or other earnings on the security depositamount of the Security Deposit. Use of such Security Deposit by Landlord shall not be obligated constitute a waiver, but is in addition to hold any other remedies available to Landlord under this Lease Agreement and under law. Upon the use of all or any part of the Security Deposit in trust or in a separate account but may freely commingle the security to cure any default of Tenant, Tenant shall forthwith deposit with Landlord’s other fundsLandlord a renewed letter of credit in the full amount of the Security Deposit. In the event Tenant fails to keep of any rightful and perform any permitted assignment of the terms, covenants or provisions of this Lease, then Landlord, at LandlordTenant’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be interest in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this LeaseAgreement, the Security Deposit shall be returned deemed to Tenant. In be held by Landlord as a deposit made by the event of a sale of the Buildingassignee, and Landlord may deliver the Security Deposit shall have no further liability to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability assignor with respect to the return of the Security Deposit. Provided that on the date that is one year after the Commencement Date Tenant is not in default, and no occurrence or condition then exists for which notice has been given and, with the passage of time, would constitute an event of default under this Lease Agreement, then the amount of the letter of credit deposited as a Security Deposit shall be reduced by $397,101.44, and references to the “Security Deposit” shall mean such revised amount thereafter. Every 12 months thereafter, provided that on such date Tenant is not in default and no occurrence or condition then exists for which notice has been given and, with the passage of time, would constitute an event of default under this Lease Agreement, then the amount of the letter of credit deposited as a Security Deposit shall be further reduced by an additional $397,101.44, and references to the “Security Deposit” shall mean such revised amount thereafter, until such amount reaches $0.00, at which time the Security Deposit letter of credit shall be released. Should a default exist at the time of the applicable reduction, such reduction shall be held in abeyance until such time as the default is cured and no other default exists or occurrence or condition then exists for which notice has been given and, with the passage of time, would constitute an event of default under this Lease Agreement.

Security Deposit. Landlord acknowledges receipt from Tenant of an unconditional, irrevocable and transferable letter of credit, naming Landlord and its successors and assigns as beneficiary, drawn upon Fleet National Bank NA, or another bank or financial institution reasonably acceptable to Landlord, in the amount of Five Hundred Thousand Dollars ($500,000.00) (the "Letter of Credit"), which shall be held by Landlord or its agent, as security, for the full and faithful performance of Tenant's obligation herewith for and during the Term. Upon execution the occurrence of any Event of Default, Tenant agrees that Landlord may from time to time, without prejudice to any other remedy, draw upon the principal amount of the Letter of Credit (or any cash security deposit held by Landlord in lieu of the Letter of Credit) to the extent necessary to reimburse Landlord for any Base Rent, additional rent or other sums payable by Tenant to Landlord under this Lease by virtue of such Event of Default. Tenant shall not have the right to call upon Landlord to draw upon the Letter of Credit to cure any default or fulfill any obligation of Tenant, but such use shall be solely in the discretion of Landlord. Upon any conveyance of the Property by Landlord to Landlord's grantee or transferee of the Property, the Letter of Credit thereon may be assigned or otherwise transferred by Landlord to such grantee or transferee, and Tenant shall cooperate to the extent necessary to effect such assignment or transfer. Upon any such assignment or transfer, Tenant hereby releases Landlord herein named of any and all liability with respect to the Letter of Credit, its application and return, and Tenant agrees to look solely to such grantee or transferee. It is further understood that this provision shall also apply to subsequent grantees and transferees. Subject to Section 6.3(g) above, but otherwise notwithstanding any other provision to the contrary set forth herein, (i) on each anniversary of the Commencement Date, the principal amount of the Letter of Credit (or any such cash security deposit) shall be reduced by Fifty Thousand Dollars ($50,000.00), and (ii) the Letter of Credit (or any such cash security deposit) shall be returned to Tenant upon the fifth (5th) anniversary of the Commencement Date, provided however that no reduction of the principal amount of the Letter of Credit (and such security deposit) shall occur on any such anniversary, and the Letter of Credit (and such security deposit) shall not be returned to Tenant upon the fifth (5th) anniversary of the Commencement Date if (x) an Event of Default which Landlord has not waived exists on such anniversary, or (y) Tenant is unable to provide Landlord with reasonably satisfactory evidence that, at the time of any scheduled reduction or return, Tenant's reported book net worth exceeds One Hundred Million Dollars ($100,000,000.00). Any such reduction in the principal amount of the Letter of Credit shall be accomplished as follows: (x) Tenant will provide a substitute letter of credit to Landlord in the form of the Letter of Credit then held by Landlord or such other form (providing to Landlord the same rights and remedies as are set forth in the Letter of Credit then held by Landlord) as may be reasonably acceptable to Landlord, except that the principal amount of the substitute letter of credit shall be the reduced principal amount required hereunder; and (y) if Tenant is entitled to a reduction in the principal amount of the Letter of Credit, then Landlord shall return the Letter of Credit originally held by Landlord to Tenant and thereafter hold the substitute letter of credit as the "Letter of Credit" hereunder. In the event that (a) Tenant is not entitled to a reduction in the principal amount of the Letter of Credit, but the Letter of Credit is written such that the principal amount will nevertheless automatically be reduced, or (b) the Letter of Credit is written such that it will expire prior to the date on which Tenant is entitled to its return, and the Letter of Credit is not renewed or replaced at least thirty (30) days prior to such expiration date, then Landlord shall have the right to draw upon the Letter of Credit so that Landlord will, at all times during the Term of this Lease hold, in the form of cash or in the form of the Letter of Credit or both, a sum equal to the principal amount of the Letter of Credit required hereunder from time to time. At any time during the term of this Lease, Tenant shall have the right to convert the Letter of Credit into a cash security deposit with by tendering to Landlord a sum equal to the Security Deposit principal amount of the Letter of Credit required to be maintained by Tenant at that time. If Tenant tenders such sum, in immediately available funds, or a replacement of the Letter of Credit for any proper purpose under this Section 10.19 (including without limitation to extend the date of the expiration of the Letter of Credit or to effect a reduction in the principal amount set forth of the Letter of Credit), Landlord shall promptly cooperate with Tenant to exchange such sum or such replacement, as the case may be, for the Letter of Credit in Article 1Landlord's possession. The Security Deposit Landlord shall deposit any such sum tendered by Tenant in an interest-bearing money-market account (which need not be separate or segregated from Landlord's other funds) and, provided no Event of Default exists and is continuing, shall pay all interest accruing on such sum to Tenant at least once annually. All such sums held in the form of cash shall be held by Landlord as a security deposit otherwise subject to the terms hereof, for the full and faithful performance by Tenant of all of the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security depositTenant's obligation herewith. Landlord shall not be obligated return the Letter of Credit (or such security deposit) to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon within 30 days after the expiration of the term and within thirty (30) days following Xxxxxx’s surrender Term, after drawing upon such Letter of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit Credit or security deposit to the purchaser, and upon such delivery, Landlord shall be discharged from extent necessary to cure any further liability with respect to the Security DepositEvent of Default existing under this Lease at that time.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord as security for the full performance of Tenant’s obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Upon each occurrence of a Default (as defined in Section 20), Landlord may use all or part of the Security Deposit to pay delinquent payments due under this Lease, and faithful performance the cost of any damage, injury, expense or liability caused by Tenant such Default, without prejudice to any other remedy provided herein or provided by law. Upon any such use of all or any portion of the termsSecurity Deposit, covenants Tenant shall pay Landlord on demand the amount that will restore the Security Deposit to its original amount. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and provisions other charges due Landlord for periods prior to the filing of such proceedings. Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee; no interest shall accrue thereon. The Security Deposit shall be the property of Landlord, but shall be paid to Tenant when Tenant’s obligations under this Lease have been completely fulfilled. Landlord shall be released from any obligation with respect to the Security Deposit upon transfer of this Lease during and the term hereofPremises to a person or entity assuming Landlord’s obligations under this Section 6. In no event shall Tenant hereby waives the provisions of any law, now or hereafter in force, which provide that Landlord be obligated may claim from a security deposit only those sums reasonably necessary to payremedy 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 is entitled to receiveor any officer, any interest employee, agent or other earnings on the security depositinvitee of Tenant. Landlord shall not be obligated to hold After application of the Security Deposit in trust or in a separate account but may freely commingle the security deposit accordance with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlordthe Security Deposit, or any balance thereof, shall be returned to Tenant (or, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxxlast assignee of Tenant’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon interest hereunder) within 90 days after the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms or earlier termination of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security Deposit.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit paid herein represents a security for the faithful performance of the Lease Agreement by the Tenants. At the expiration or termination of the Lease, said Security Deposit will be applied to any damages suffered by the Landlord as result of the Tenant’s occupancy, including, without limitation, required professional cleaning, professional carpet cleaning, and pest control as this was done prior to Tenants taking occupancy. Professional cleaning, carpet cleaning and pest control will be deducted if proof is not shown by Tenant of having services done on move out. The security deposit shall never be construed or intended to be applied as rent, but may be applied against rent and against late charges in the event of a default by Tenants in the payment of said rent or late charges to the Landlord. The Tenants will forfeit the security deposit held by Landlord as security for to the full Landlord in the event of any default or breach of this lease. Landlord reserves the right to seek additional damages if they exceed the above amounts. Tenant acknowledges that the premises were clean and faithful performance by Tenant in good repair to his/her satisfaction at beginning of all his/her occupancy. Exceptions must be recorded on the “Move-in Condition of the termsHouse” form. Tenants have fifteen (15) days from the date of moving in to complete it, covenants copy it and provisions mail it to Landlord, otherwise Tenants agree to the Landlord’s description of this Premises. Failure to notify Landlord in writing will be construed as evidence of Premises being fully acceptable. The house should be in Move-in Condition at the end of the Lease during the term hereofterm. In no event shall Landlord Any refund of security deposit will be obligated by one check. Refund to pay, or any Tenant is entitled a refund to receive, any interest or other earnings on the security depositall Tenants. Tenants agree to allow Landlord shall not be obligated to hold the co-mingle Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other fundspersonal funds in a no interest bearing account at the Wachovia Bank in Gainesville, Florida. In The Landlord shall mail said security deposit within Thirty (30) days to the event Tenant forwarding address of Tenant, or mail said party written notice by certified mail of the landlord’s intention to impose a claim against the deposit as required by Statue 83.49(3), Florida Statutes. If Landlord fails to keep and perform any of give notice within the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) day period, she forfeits her right to impose a claim upon the Security Deposit. Unless the Tenants object, by certified mail, to the imposition of Landlord’s claim or the amount thereof within 15 days following Xxxxxx’s surrender after receipt of the Premises in accordance with Landlord’s claim for damages the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver then deduct the amount of her claim and shall remit the balance of the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect Tenants within 30 days after the day of Tenants receipt of the notice of intention to the Security Depositimpose a claim for damages.

Security Deposit. Upon execution of this Leasethe Concession Agreement, Tenant Concessionaire shall deposit with Landlord the Trust the amount provided in Part I, Section 1.8 (“Security Deposit”) by certified check payable to “Xxxxxx River Park Trust” or to the order of such other entity as The Trust may designate in writing. The Trust may use, retain or apply all or any portion of the Security Deposit to satisfy any cost or expense arising from the occurrence of a default by Concessionaire hereunder, or any other cost or expense incurred by The Trust in connection with the failure of Concessionaire to pay Fees hereunder, when such Fees or other amount set forth becomes due and payable, or the failure of Concessionaire to perform when due any other term, covenant or condition of the Concession Agreement, or to satisfy any liability incurred by Concessionaire to the Trust, provided that the application of any portion of the Security Deposit to the cure of any such default shall not be deemed to have cured such default unless the entire outstanding amount due or damages suffered by the Trust shall have been paid in Article 1full. If the Trust uses or applies the Security Deposit or any part thereof for any of the foregoing purposes, Concessionaire shall immediately deposit with The Trust an amount sufficient to restore the Security Deposit to its amount prior to such use or application. The Security Deposit shall be held by Landlord as security for the full and faithful performance by Tenant of all of the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit returned to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and Concessionaire within thirty (30) days following Xxxxxx’s surrender after the expiration or termination of the Concession Agreement, without interest, subject to any outstanding substantiated claims, costs or liabilities that the Trust, has or may reasonably expect to have, that are attributable to or arise out of the use of the Premises in accordance with by the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security DepositConcessionaire.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit Amount with the Landlord or a letter of credit in the same amount in a form acceptable to Landlord in Landlord's reasonable discretion. The issuer of the Letter of Credit shall be a banking institution with at least a rating of A and otherwise reasonably acceptable to Landlord. Although Landlord shall only have the right to draw under the Letter of Credit in the event of a default as set forth in Article 1herein, under the terms of the Letter of Credit, the sole condition to Landlord's draw upon the Letter of Credit shall be presentment to the issuer thereof, prior to or on the expiration date, of a demand for payment. The Security Deposit Letter of Credit shall be held by Landlord as security for self-renewing from year to year during the full and faithful performance by Tenant of all of the terms, covenants and provisions term of this Lease during the term hereof. In so as to expire no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within earlier than thirty (30) days following Xxxxxx’s surrender the Lease expiration date and shall contain such other customary terms as Landlord requires in its reasonable discretion, including, but not limited to, a provision that the Letter of Credit is transferable to Landlord's successors and assigns. For and during the Term, Landlord shall have the irrevocable right, without further notice or approval of Tenant but not the obligation from time to time without prejudice to any other remedy Landlord may have on account thereof, to apply the Security Deposit or any portion thereof or interest thereon, to Landlord's damage resulting from any default after applicable grace and cure periods by Tenant. On termination of the Premises Term, the Security Deposit, or the portion thereof then held by Landlord shall be returned to Tenant, beyond the amount necessary to cure the breach of an provision of this Lease by Tenant. If all or any part of the Security Deposit is applied to an obligation of Tenant hereunder, Tenant shall immediately upon request by Landlord restore the Security Deposit to its original amount. Tenant shall not have the right to call upon Landlord to apply all or any part of the Security Deposit to cure any default or fulfill any obligation of Tenant, but such use shall be solely in accordance with the terms discretion of Landlord. Upon any conveyance by Landlord of its interest under this Lease, the Security Deposit shall be returned delivered by Landlord to TenantLandlord's grantee or transferee. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon Upon any such delivery, Tenant hereby releases Landlord shall be discharged from herein named of any further and all liability with respect to the Security Deposit, its application and return, and Tenant agrees to look solely to such grantee or transferee. It is further understood that this provision shall also apply to subsequent grantees and transferees.

Security Deposit. Upon execution Tenant hereby agrees to pay to Landlord a security deposit of forty-three thousand seven hundred eighty-two dollars ($43,782), which is equal to first month’s Base Rental, on the day this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord as security for the full and faithful performance Lease is executed by Tenant of all of (the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the “Security Deposit, or so much thereof as may be necessary to pay ”). Upon the occurrence of any Rent or other sums due hereunder for which Tenant shall be in default Event of payment. Default by Tenant, upon notice Landlord may, from Landlordtime to time, immediately shall remit without prejudice to Landlord an amount sufficient to restore this any other remedy, use the Security Deposit to the amount required extent necessary to be maintained in accordance with this Articlemake good any arrears of Base Rental or Additional Rental or any other payment obligation hereunder, including, but not limited to, the cost of any damage, injury, expense, or liability caused by any Event of Default by Tenant hereunder. Upon Xxxxxx’s full and complete performance and compliance with all Any remaining balance of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned by Landlord to Tenant within a reasonable period of time after the termination or expiration of this Lease and the satisfaction of Tenant’s obligations hereunder. The Security Deposit shall not be considered an advance payment of rental or a measure of Landlord’s damages in case of default by Tenant. Tenant shall not be entitled to receive and shall not receive any interest on the Security Deposit, and Landlord may commingle the same with other monies of Landlord. In the event Landlord applies the Security Deposit or any portion thereof to the payment of any sum described above and this Lease is not terminated, Tenant shall immediately deposit with Landlord an amount of money equal to the amount so applied, and such amount shall be deemed to be part of the Security Deposit. In the event of a sale or transfer of Landlord’s interest in the BuildingPremises, Landlord may deliver shall have the right to transfer the Security Deposit to the purchaserpurchaser or lessor, as the case may be, and upon any such deliverytransfer and acknowledgement of receipt of Security Deposit by such transferee, Landlord shall be discharged from any further relieved of all liability with respect to Tenant for the return of the Security Deposit, and Tenant shall look solely to the new owner or lessor for the return of the Security Deposit.

Security Deposit. Upon execution Provided Tenant is the tenant entity specified on Page 1 of this Lease, Tenant shall not be required to deposit with Landlord the a Security Deposit with Landlord. Landlord reserves the right, as determined in the amount set forth in Article 1. The Landlord's sole yet reasonable discretion, to require a Security Deposit from any Transferee taking possession of the Premises in accordance with Article 14 and, in such event, concurrently with Tenant's execution and delivery of an Assignment Instrument and/or Sublease Instrument to Landlord, Transferee shall deposit a Security Deposit with Landlord, which sum shall be held by Landlord as security for the full and faithful performance by Tenant Transferee of all of the terms, covenants and provisions conditions of this Lease during Lease. The Security Deposit is neither an advance Rent deposit nor a measure of Landlord’s damages in the term hereofevent of Transferee’s default. In no event shall The Security Deposit may be used by Landlord be obligated to payremedy any default by Tenant, to repair damage caused by Tenant to any part of the Center, and to undertake on Tenant’s behalf any Surrender Obligations which Tenant has failed to complete as of the date the Premises are surrendered to Landlord, as well as to reimburse Landlord for any amount which Landlord may expend 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 the Security Deposit is so used or applied, Tenant is entitled shall, within ten (10) days after written demand, deposit cash with Landlord in an amount sufficient to receive, any interest or other earnings on restore the security depositSecurity Deposit to the full amount set forth at Section 1.13. Landlord shall not be obligated required to hold keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on the Security Deposit. Tenant may not elect to use any portion of the Security Deposit as a Rent payment although Landlord may elect to do so in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants is in default hereunder or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply is insolvent. Tenant shall not encumber or assign its interest in the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which . If Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full fully and complete performance and compliance with all of the terms, covenants and provisions faithfully performs every provision of this Lease during to be performed by it, the lease termSecurity Deposit (less any amount which has been applied in the manner permitted by this Article 6), upon the expiration of the term and shall be returned to Tenant within thirty (30) days following Xxxxxx’s surrender of after the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security DepositRefund Date.

Security Deposit. Upon execution Pursuant to the provisions of this the Termination Agreement, Landlord hereby agrees that upon the termination of the Current Lease, Current Landlord shall, after first deducting all amounts necessary to cure all defaults by Tenant shall under the Current Lease, transfer to Landlord all amounts then held by Current Landlord as a security deposit with Landlord for the Security Deposit in benefit of Tenant pursuant to the amount set forth in Article 1. The Security Deposit Current Lease, and all sums so transferred shall be held by Landlord as security a Security Deposit for the full and faithful performance by Tenant of all its obligations under this Lease. Within five (5) days following written demand from Landlord, Tenant shall deliver to Landlord the difference, if any, between the remainder of the termssecurity deposit under the Current Lease delivered by Current Landlord to Landlord and the amount of the Security Deposit required by and as set forth in the Basic Lease Information. If Tenant is in default hereunder, covenants and provisions Landlord may, but without obligation to do so, use all or any portion of the Security Deposit to cure the default or to compensate Landlord for all damages sustained by Landlord in connection therewith, Tenant shall, within ten (10) business days of written demand, pay to Landlord a sum equal to the portion of the Security Deposit so applied or used to replenish the amount of the Security Deposit held to increase such deposit to the amount initially deposited with Landlord. Such notice by Landlord may be in the form of a notice to perform covenant or quit pursuant to Code of Civil Procedure 1161, or any successor statute. Within thirty (30) days after the expiration or termination of this Lease during and vacation of the term hereofPremises by Tenant, Landlord shall return the Security Deposit to Tenant, less such amounts as are reasonably necessary, as determined by Landlord, to remedy Tenant’s default(s) hereunder or to otherwise restore the Premises to the condition required hereunder. In no event If the cost to restore the Premises exceeds the amount of the Security Deposit Tenant shall promptly deliver to Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security depositand all of such excess sums. Landlord shall not be obligated required to hold keep the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s from other funds. In the event , and, unless otherwise required by law, Tenant fails shall not be entitled to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply interest on the Security Deposit, . In no event or so much thereof as may be necessary circumstance shall Tenant have the right to pay any Rent or other sums due hereunder for which Tenant shall be in default use of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Buildingand, Landlord specifically, Tenant may deliver not use the Security Deposit as a credit or to the purchaser, and upon such delivery, Landlord shall be discharged from otherwise offset any further liability with respect to the Security Depositpayments required hereunder.

Security Deposit. Upon The Security Deposit shall be paid by Tenant within five (5) business days after execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit Lease and shall be held by Landlord as security for the full and faithful performance by Tenant of all of the terms, its covenants and provisions of agreements under this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other fundsLease. In the event Tenant fails to keep and perform that cash is, at any time, held as the Security Deposit hereunder, the holder thereof shall hold such cash in an interest bearing segregated account for the benefit of the terms, covenants or provisions Tenant subject only to the terms and conditions of this Lease. Upon the occurrence of any default hereunder and the expiration of any grace period for the cure thereof without such cure, then Landlord, at Landlord’s option, Landlord may appropriate and apply use such portion of the Security DepositDeposit as is necessary to cure such default. In the event of any such draw down of the Security deposit, Tenant shall replace the amount drawn down within ten (10) days of receipt of notice thereof, by delivery of a sight draft Letter of credit in substantially the form of the Letter of Credit initially delivered hereunder or so much thereof cash in the amount drawn. At any time Landlord is holding cash as the Security Deposit hereunder, Tenant shall have the right, in accordance with the terms hereof, to replace such cash with a sight draft Letter of Credit from a bank acceptable to Landlord and which provides that draw downs may be necessary made solely upon submission of a statement from a representative of Landlord stating that Tenant is in default under its Lease beyond any grace period and Landlord is entitled to pay any Rent or other sums due hereunder for which Tenant the amount claimed. Any Letter of Credit shall have a term of not less than one (1) year and a replacement Letter of Credit from a bank acceptable to Landlord shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit delivered to Landlord an amount sufficient at least thirty (30) days prior to restore any expiration of any Letter of Credit or Landlord may draw down the full proceeds of the Letter of Credit and hold the cash as collateral security for Tenant's obligations under this Lease. Upon replacement of cash with a Letter of Credit meeting the Letter of Credit requirements set forth above, the Landlord shall return the cash to Tenant. If Landlord shall transfer its interest in the Premises, Landlord shall assign the Security Deposit to the amount required to be maintained in accordance with this Articletransferee. Upon Xxxxxx’s full and complete performance and compliance with all Any balance of the terms, covenants and provisions of this Lease during Security Deposit remaining at the lease term, upon the expiration end of the term and Term after deduction of amounts owed by Tenant hereunder shall be returned to Tenant within thirty (30) days following Xxxxxx’s surrender of after the Premises in accordance with the terms expiration of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security Deposit.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in sum of $ ] to be paid upon Tenant’s execution of the amount set forth in Article 1. The Security Deposit shall be held by Landlord as security Lease for the full and faithful performance by Tenant of all of Tenant's promises and duties contained herein (the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit"Security Deposit"). Landlord shall not be obligated required to hold pay any interest to Tenant upon the Security Deposit. Landlord may deduct from the Security Deposit amounts sufficient to pay (1) any damages sustained by Landlord as a result of Tenant's nonpayment of rent or non fulfillment of the term of this Lease Agreement; (2) any damages to the Premises for which Tenant is responsible; (3) any unpaid bills which become a lien against the Premises due to Tenant's occupancy; (4) any costs of re-renting the Premises after a breach of this Agreement by Tenant; (5) any court costs incurred by Landlord in trust connection with terminating the tenancy; and (6) any other damages of Landlord which may then be a permitted use of the Security Deposit under the laws of this State. If Landlord uses or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform applies any of the termsSecurity Deposit during the Term, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of paymentimmediately replenish it to its originally required amount. After having deducted the above amount, Landlord shall, if Tenant's address is known to him, refund to Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to within thirty-five (35) days after the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all termination of the termstenancy and delivery of possession, covenants and provisions the balance of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit along with an itemized statement of any deductions. If Landlord does not refund the entire deposit, Landlord, within said 35-day period, shall be returned provide Tenant an itemized list of all amounts withheld. If Tenant's address is unknown to Tenant. In the event of a sale of the BuildingLandlord, Landlord may deliver shall mail, by first class mail, the balance of the Security Deposit or itemized accounting, or both, to the purchaserlast known address of Tenant or, if none, to Tenant at the address of the Premises. Landlord may deduct the above amount and shall then hold the balance of the Security Deposit for Tenant's collection for a six (6) month period beginning upon the termination of the tenancy and delivery of possession by Tenant. Any balance of the Security Deposit unclaimed by Tenant as well as any check outstanding shall be forfeited by Tenant after the six (6) month period, and upon such delivery, Landlord shall not thereafter be discharged from any further liability with respect liable to Tenant for a refund of the Security DepositDeposit or any part thereof.

Security Deposit. Upon execution The Letter of Credit evidencing the Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord as security for the full and faithful performance by Tenant of all Tenant's covenants and obligations under this Lease, it being expressly understood that the Security Deposit shall not be considered an advance payment of Rent or a measure of Tenant's liability for damages in case of default by Tenant. Landlord may, from time to time, without prejudice to any other remedy, draw on the Letter of Credit and use the proceeds thereof to the extent necessary to make good any arrearages of Rent or to satisfy any other covenant or obligation of Tenant hereunder. Following any such application of the termsSecurity Deposit, covenants Tenant shall cause the Letter of Credit to be amended to increase the amount available for draw thereunder to the original amount of the Letter of Credit (subject to the reduction of the Letter of Credit and provisions of this Lease Security Deposit as provided below). If Landlord transfers its interest in the Project during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, Landlord may appropriate assign the Letter of Credit to the transferee and apply upon assumption by such transferee of liability for the Security Deposit, Landlord shall have no further liability for the return of the Letter of Credit or so much thereof as any draws thereof. Upon application of all or any part of the Security Deposit, Tenant must upon demand restore the Letter of Credit to its original face amount. No application of the proceeds of the Letter of Credit by Landlord will be deemed to have cured Tenant's default. Tenant waives all provisions of Laws, now or hereinafter in force, which restrict the amount or types of claim that a landlord may be necessary to pay make upon a security deposit or imposes upon a landlord (or its successors) any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit obligation with respect to the amount required to be maintained in accordance with this Articlehandling or return of security deposits. Upon Xxxxxx’s full So long as no Event of Default has occurred and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms is continuing on each anniversary date of this Lease, the Security Deposit will reduce in amount automatically on such anniversary date in the amount set forth on Exhibit "K" hereto: on the first and second anniversary dates of this Lease and shall be returned released and of no further force or effect on the third anniversary date of this Lease. Tenant shall have the right to Tenanteffect such reduction by substituting a new Letter of Credit in the reduced face amount so long as such Letter of Credit is otherwise in the form required by this Lease. In Tenant acknowledges that if Tenant fails to timely cause the event of a sale expiry date of the Building, Landlord may deliver Letter of Credit (subject to the reduction of the Letter of Credit and Security Deposit as provided below) to be extended for a period of at least one (1) year thirty (30) days prior to the purchaser, and upon such deliverythen applicable expiry date, Landlord shall be discharged from any further liability have the right to present the Letter of Credit for payment in the full amount available under the Letter of Credit and thereafter to hold and apply the proceeds thereof as a Security Deposit in accordance with respect to the Security Depositits rights under this Lease.

Security Deposit. Upon execution Sublandlord has provided Master Landlord with a security deposit in the amount of this $31,785.60 under the Master Lease. Subtenant shall, upon demand by Sublandlord, pay and deliver to Sublandlord $31,785.60 (“Security Deposit”) on account of the Security Deposit. If Sublandlord is required to increase its security deposit to Master Landlord to $38,528 under the Master Lease, Tenant shall deposit with Landlord the Security Deposit in shall likewise increase to $38,528 and Subtenant shall promptly pay to Sublandlord the excess of $38,528 over the amount set forth in Article 1. The of the Security Deposit shall be then held by Landlord as security Sublandlord. If Subtenant fails to pay Rent or other charges when due under this Sublease, or fails to perform any of its other obligations hereunder, Sublandlord may use or apply all or any portion of the Security Deposit for the full payment of any Rent or other amount then due hereunder and faithful performance unpaid, for the payment of any other sum for which Sublandlord may become obligated by Tenant reason of all Subtenant’s default or breach, or for any loss or damage sustained by Sublandlord as a result of Subtenant’s default or breach. If Sublandlord so uses any portion of the termsSecurity Deposit, covenants and provisions of Subtenant shall restore the Security Deposit to the full amount required to be deposited under this Lease during the term hereofSection 5, within ten (10) business days after Sublandlord’s written demand. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, Subtenant hereby waives any interest or other earnings restrictions on the security deposituses to which the Security Deposit may be put that is contained in California Civil Code Section 1950.7 or any successor statute. Landlord Sublandlord shall not be obligated required to hold keep the Security Deposit in trust separate from its general accounts, and shall have no obligation or in a separate account but may freely commingle liability for payment of interest on the security deposit with Landlord’s other fundsSecurity Deposit. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the The Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant had not theretofore been applied by Sublandlord, shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit returned to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and Subtenant within thirty (30) days following Xxxxxx’s surrender after the expiration or earlier termination of this Sublease, provided Subtenant has vacated the Premises in accordance with the condition required under the terms of this LeaseSublease. Notwithstanding the immediately preceding sentence, upon the assignment of the Master Lease to Subtenant, the entire Security Deposit shall be returned to Tenant. In automatically become the event non-refundable property of a sale of the Building, Landlord may deliver the Security Deposit to the purchaserSublandlord, and upon such delivery, Landlord Subtenant shall be discharged from any further liability thereafter succeed to all of Sublandlord’s rights with respect to the Security Depositsecurity deposit paid to Master Landlord under the Master Lease.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord without obligation for interest thereon as security for the full performance of Tenant’s obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Upon each occurrence of a Default (as defined in Section 16), Landlord may use all or part of the Security Deposit to pay delinquent payments due under this Lease, and faithful performance the cost of any damage, injury, expense or liability caused by Tenant such Default, without prejudice to any other remedy provided herein or provided by law. Upon any such use of all or any portion of the termsSecurity Deposit, covenants Tenant shall pay Landlord on demand the amount that will restore the Security Deposit to its original amount. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and provisions other charges due Landlord for periods prior to the filing of such proceedings. Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee; no interest shall accrue thereon. The Security Deposit shall be the property of Landlord, but shall be paid to Tenant when Tenant’s obligations under this Lease have been completely fulfilled. Landlord shall be released from any obligation with respect to the Security Deposit upon transfer of this Lease during and the term hereofPremises to a person or entity assuming Landlord’s obligations under this Section 5. In no event shall Tenant hereby waives the provisions of any law, now or hereafter in force, which provide that Landlord be obligated may claim from a security deposit only those sums reasonably necessary to payremedy 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 officer, employee, agent or invitee of Tenant. The Security Deposit, or Tenant any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled to receive, any interest or other earnings on under the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease), then Landlordshall be returned to Tenant (or, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxxlast assignee of Tenant’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon interest hereunder) within 90 days after the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms or earlier termination of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security Deposit.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord without liability for interest and as security for the full and faithful performance by Tenant of all of the terms, Tenant's covenants and provisions of obligations under this Lease during Lease, it being expressly understood that the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord Security Deposit shall not be obligated considered an advance payment of rent or a measure of Landlord's damages in case of default by Tenant. Landlord may, from time to hold time, without prejudice to any other remedy, use the Security Deposit in trust to the extent necessary to make good any arrearages of rent or in a separate account but may freely commingle the security deposit with Landlord’s to satisfy any other fundscovenant or obligation of Tenant hereunder. In the event Tenant fails to keep and perform Following any such application of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit pay to Landlord an on demand the amount sufficient so applied in order to restore this the Security Deposit to its original amount. Landlord shall be entitled to commingle the amount required Security Deposit with other funds of Landlord, and the Security Deposit shall not be deemed to be maintained held in accordance with this Articletrust by Landlord for Tenant or any other person. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, Although the Security Deposit shall be deemed the property of Landlord, any remaining balance of such deposit shall be returned by Landlord to Tenant or Tenant's last permitted assignee at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease (including, without limitation, the obligations, of Tenant to maintain and repair the Premises) have been fulfilled. In On the event occurrence of a sale any events of default as described in the BuildingLease, Landlord may deliver the said Security Deposit shall become due and payable to Landlord. If the purchaserBuilding is conveyed by Landlord, said Security Deposit shall become due and upon such deliverypayable to Landlord. If the Building is conveyed by Landlord, said Security Deposit may be paid over to Landlord's successor and, if so, Tenant hereby releases Landlord shall be discharged from any further and all liability with respect to said Security Deposit and its application or return. The Security Deposit shall not be assigned or encumbered by Tenant without the Security Depositwritten consent of Landlord and such assignment or encumbrance without Landlord's consent shall be void.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be delivered to Landlord upon the execution of this Lease by Tenant and shall be held by Landlord (without liability for interest, except to the extent required by Law) as security for the performance of Tenant’s obligations under this Lease. The Security Deposit is not an advance payment of Rent or a measure of Tenant’s liability for damages. Landlord may, from time to time while an event of default remains uncured, without prejudice to any other remedy, use all or a portion of the Security Deposit to satisfy past due Rent, cure any uncured default by Tenant, or repay Landlord for damages and charges for which Tenant is legally liable under this Lease or resulting from Tenant’s breach of this Lease. If Landlord uses the Security Deposit, Tenant shall on demand restore the Security Deposit to its original amount and such use by Landlord of the Security Deposit shall not constitute a cure of the existing event of default until such time as the entire amount owing to Landlord is paid in full and faithful performance the Security Deposit is fully restored. Provided that Tenant has performed all of its obligations hereunder, Landlord shall return any unapplied portion of the Security Deposit to Tenant within 30 days after the later to occur of: (A) the date Tenant surrenders possession of the Premises to Landlord in accordance with this Lease; or (B) the Expiration Date. Tenant does hereby authorize Landlord to withhold from the Security Deposit all amounts allowed by Law and the amount reasonably anticipated by Landlord to be owed by Tenant as a result of all an underpayment of Tenant’s Pro Rata Share of any Excess Operating Expenses for the final year of the termsTerm. To the fullest extent permitted by applicable Law, covenants and Tenant agrees that the provisions of this Lease during Article 6 shall supersede and replace all statutory rights of Tenant under applicable Law regarding the term hereofretention, application or return of security deposits. In If Landlord transfers its interest in the Premises, Landlord shall assign the Security Deposit to the transferee and, following the assignment and the delivery to Tenant of an acknowledgement of the transferee’s responsibility for the Security Deposit if required by Law, Landlord shall have no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on further liability for the security depositreturn of the Security Deposit. Landlord shall not be obligated required to hold keep the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s from its other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security Depositaccounts.

Security Deposit. Upon execution of this Lease, The Tenant shall deposit with the Landlord the Security Deposit in a deposit equal to the amount set forth shown in Article 1Item 5 which represents one month's rent (the "Security Deposit") as security for the payment of rents and the performance and observance of the agreements and conditions in this Agreement contained on the part of Tenant to be performed and observed. The Security Deposit shall be held by Landlord as security for the full and faithful performance by Tenant of all of the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or placed in a separate non-interest bearing escrow account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenantthe Tenant following the termination or expiration of this Agreement provided that all rent has been paid in a timely manner and there is no damage to the Premises upon surrender. In the event of a sale of the Buildingany default or defaults in such payment, performance or observance, Landlord may deliver apply the Security Deposit or any part thereof toward the curing of any such default or defaults and/or toward compensating Landlord for any loss or damage arising from any such default or defaults. Upon the surrender of the Premises at the expiration or other termination of the Term, if Tenant shall not then be in default or otherwise liable to Landlord, the Security Deposit or the unapplied balance thereof shall be returned by to Tenant. It is understood and agreed that Landlord shall always have the right to apply the Security Deposit or any part thereof, in the event of any such default or defaults, without prejudice to any other remedy or remedies which Landlord may have, or Landlord may pursue any other such remedy or remedies in lieu of applying the Security Deposit or any part thereof. If Landlord shall apply the Security Deposit or any part thereof as aforesaid, Tenant shall upon demand pay to Landlord the amount so applied by Landlord, to restore the Security Deposit to its original amount. If the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to outstanding rent or damage assessed at the expiration or termination of this Agreement exceeds the Security Deposit, Tenant shall pay such deficiency prior to vacating the Premises.

Security Deposit. Upon Concurrently with its execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord Section M of the Summary as security for the full and faithful performance by Tenant of all its obligations under this Lease, and not as prepayment of rent (the “Security Deposit”). If the monthly base rent shall, from time to time, increase during the term of this Lease, Tenant shall, at the time of such increase, deposit with Landlord additional money as security deposit so that the total amount of the terms, covenants and provisions security deposit held by Landlord shall at all times bear the same proportion to the then current base rent as the initial security deposit bears to the initial base rent set forth in Paragraph 5 of this Lease during Agreement. Landlord may from time to time apply such portion of the term hereofSecurity Deposit as is necessary for the following purposes: (i) to remedy any default by Tenant in the payment of rent; (ii) to repair damage to the Premises caused by Tenant; (iii) to clean the Premises upon the expiration or sooner termination of the Lease; and/or (iv) to remedy any other default of Tenant to the extent permitted by Law, including, without limitation, on account of damages owing to Landlord under Section 13.2, and, in this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be put contained in California Civil Code Section 1950.7. In no the event shall the Security Deposit or any portion thereof is so used, Tenant agrees to pay to Landlord be obligated promptly upon demand an amount in cash sufficient to pay, or Tenant is entitled restore the Security Deposit to receive, any interest or other earnings on the security depositfull original amount. Landlord shall not be obligated to hold deemed a trustee of the Security Deposit, may use the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other fundsbusiness, and shall not be required to segregate it from its general accounts. In the event Tenant fails shall not be entitled to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply interest on the Security Deposit. If Landlord transfers the Premises during the Lease Term, or so much thereof as Landlord may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this the Security Deposit to any transferee of Landlord’s interest in conformity with the amount required to provisions of California Civil Code Section 1950.7 and/or any successor statute, in which event the transferring Landlord will be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with released from all liability for the return of the terms, covenants and provisions Security Deposit. If Tenant performs every provision of this Lease during to be performed by Tenant, the lease term, upon the expiration unused portion of the term and Security Deposit shall be returned to Tenant (or the last assignee of Tenant’s interest under this Lease) within thirty fifteen (3015) days following Xxxxxx’s the ARIDIS PHARMACEUTICALS, INC. expiration or sooner termination of this Lease and the surrender of the Premises by Tenant to Landlord in accordance with the terms of this Lease. If this Lease is terminated following an Event of Tenant’s Default, the unpaid portion of the Security Deposit Deposit, if any, shall be returned to Tenant two (2) weeks after final determination of all damages due Landlord, and, in this respect, the provisions of California Civil Code Section 1950.7 are hereby waived by Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security Deposit.

Security Deposit. Upon execution Tenant hereby agrees to pay to Landlord a security deposit of seven thousand dollars ($7,000), which is equal to the estimated first month’s Base Rental, on the day this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord as security for the full and faithful performance Lease is executed by Tenant of all of (the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the “Security Deposit, or so much thereof as may be necessary to pay ”). Upon the occurrence of any Rent or other sums due hereunder for which Tenant shall be in default Event of payment. Default by Tenant, upon notice Landlord may, from Landlordtime to time, immediately shall remit without prejudice to Landlord an amount sufficient to restore this any other remedy, use the Security Deposit to the amount required extent necessary to be maintained in accordance with this Articlemake good any arrears of Base Rental or Additional Rental or any other payment obligation hereunder, including, but not limited to, the cost of any damage, injury, expense, or liability caused by any Event of Default by Tenant hereunder. Upon Xxxxxx’s full and complete performance and compliance with all Any remaining balance of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned by Landlord to Tenant within a reasonable period of time after the termination or expiration of this Lease and the satisfaction of Tenant’s obligations hereunder. The Security Deposit shall not be considered an advance payment of rental or a measure of Landlord’s damages in case of default by Tenant. Tenant shall not be entitled to receive and shall not receive any interest on the Security Deposit, and Landlord may commingle the same with other monies of Landlord. In the event Landlord applies the Security Deposit or any portion thereof to the payment of any sum described above and this Lease is not terminated, Tenant shall immediately deposit with Landlord an amount of money equal to the amount so applied, and such amount shall be deemed to be part of the Security Deposit. In the event of a sale or transfer of Landlord’s interest in the BuildingPremises, Landlord may deliver shall have the right to transfer the Security Deposit to the purchaserpurchaser or lessor, as the case may be, and upon any such deliverytransfer and acknowledgement of receipt of Security Deposit by such transferee, Landlord shall be discharged from any further relieved of all liability with respect to Tenant for the return of the Security Deposit, and Tenant shall look solely to the new owner or lessor for the return of the Security Deposit.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. (a) The Security Deposit shall be held by Landlord as security for the full and faithful performance by Tenant of all of the terms, covenants covenants, conditions and provisions agreements of this Lease during the term hereofLease. In no event shall Landlord be obligated to payAny pledge, or Tenant is entitled to receive, any interest transfer or other earnings on the security deposit. Landlord shall not be obligated to hold encumbrance by Tenant of Tenant’s interest in the Security Deposit in trust shall be null and void. Landlord may retain, use or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform apply all or any part of the termsSecurity Deposit to compensate Landlord for any expense, covenants loss or provisions damage suffered or expected to be suffered by Landlord as a result of any defaults by Tenant under this Lease, then including any amounts Landlord is obligated or elects to spend in order to cure any such defaults. Tenant waives the provisions of California Civil Code § 1950.7 (which restricts application of a security deposit only to those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant, or to clean premises) and all similar Laws now in force or subsequently adopted which restrict application of security deposits to specific purposes. If all or any portion of the Security Deposit is so applied by Landlord, at Landlord’s optionTenant shall, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from within ten (10) days following demand by Landlord, immediately shall remit to deposit with Landlord an amount sufficient to restore this the Security Deposit to the original amount plus any increased amounts as required by this Lease. If Tenant fails to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all timely restore the Security Deposit, Landlord shall have the right to increase the Security Deposit amount to 200% of the terms, covenants and provisions of maximum monthly Base Rent amount payable under this Lease during the lease termTerm. Landlord’s application of all or any portion of the Security Deposit to any obligation of Tenant hereunder shall not limit Landlord’s damages or constitute a waiver by Landlord of any claims against or obligations of Tenant, upon other than the specific monetary obligations to which the Security Deposit is applied, and then only to the extent such obligations are. thereby satisfied. Landlord shall not be required to keep the Security Deposit separate from its FUSIONSTORM, Inc. – Two Xxxxxx Street, July 12, 2005 general funds, Tenant shall not be entitled to interest thereon, and Tenant waives the benefit of any Law to the contrary. In no event shall Tenant have the right to apply any part of the Security Deposit to any Rent payable under this Lease. Provided Tenant is not in defaults at the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms or sooner termination of this Lease, and except to the extent necessary to cure any defaults or perform any continuing obligation of Tenant hereunder, the Security Deposit shall be returned to Tenant. In Tenant within sixty (60) days following the event of a sale later of the Buildingexpiration of the Term or Tenant’s surrender of the Premises in the condition required under this Lease. If Landlord disposes of its interest in the Premises, Landlord may deliver or credit the Security Deposit to Landlord’s successor in interest in the purchaserPremises, and upon such delivery, whereupon the transferring Landlord shall be discharged from any relieved of further liability responsibility with respect to the Security Deposit, and Tenant shall look solely to the successor Landlord for any claims therefor.

Security Deposit. Upon execution On or before the Execution Date of this Lease, Tenant shall deposit with Landlord the initial installment of the Security Deposit in the amount as set forth in Article 1. The Security Deposit Section 2.2, which sum shall be held by Landlord as security for the full and faithful performance by Tenant of all of the terms, covenants and provisions conditions of this Lease to be kept and performed by Tenant during the term hereofTerm. In no event Interest shall Landlord accrue on the Security Deposit for the benefit of Tenant and shall be obligated paid to pay, or Tenant to the extent that Tenant is entitled to receive, any interest or other earnings on the security depositreturn of the Security Deposit as provided in this Lease. Landlord shall not be obligated required to hold maintain a separate account for the Security Deposit, but may intermingle it with other funds of Landlord; provided however, Landlord shall keep the Security Deposit in trust or in a separate federally insured, interest-bearing account but may freely commingle for the security deposit benefit of Tenant. If Tenant Defaults with Landlord’s other funds. In the event Tenant fails respect to keep and perform any of the terms, covenants or provisions provision of this Lease, then Landlordwithout notice to Tenant, at Landlord’s optionLandlord may (but shall not be required to), may appropriate and apply all or any part of the Security Deposit, or so much thereof as may be necessary to pay Deposit for the payment of any Rent or any other sums due hereunder for which sum in Default. If any portion of the Security Deposit is so used or applied, then Tenant shall be in default of payment. Tenantshall, upon notice from Landlorddemand therefor, immediately shall remit to Landlord an amount sufficient to restore this the Security Deposit to its original amount. So long as no default has occurred and is continuing, the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all unapplied portion of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant, or, at Landlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Term. Tenant hereby irrevocably waives and relinquishes any and all rights, benefits, or protections, if any, Tenant now has, or in the future may have under any provision of law which (a) establishes the time frame by which a landlord must refund a security deposit under a lease, or (b) provides that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant, or to clean the subject premises. Tenant acknowledges and agrees that (x) any statutory time frames for the return of a security deposit are superseded by the express period identified in this Section 5.4, and (y) rather than be so limited, Landlord may claim from the Security Deposit (i) any and all sums expressly identified in this Section 5.4, and (ii) any additional sums reasonably necessary to compensate Landlord for any and all losses or damages caused by Tenant’s default of this Lease, including, but not limited to, all damages or rent due upon termination of this Lease. In the event of a sale of the Buildingbankruptcy or other debtor-creditor proceedings against Tenant, Landlord may deliver the Security Deposit shall be deemed to be applied first to the purchaser, payment of Rent and upon such delivery, other charges due Landlord shall be discharged from any further liability with respect for all periods prior to the Security Depositfiling of such proceedings.

Security Deposit. Upon Contemporaneously with the execution of this Lease, Tenant shall deposit pay to Landlord the Security Deposit, which shall be held by Landlord to secure Tenant’s performance of its obligations under this Lease. The Security Deposit is not an advance payment of Rent or a measure or limit of Landlord’s damages upon an Event of Default (as defined herein). Landlord may, from time to time following an Event of Default, use all or a part of the Security Deposit to perform any obligation Tenant fails to perform hereunder. Following any such application of the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit to its determined amount for that given calendar year. Subject to the requirements of, and conditions imposed by, Laws applicable to security deposits under commercial leases, Landlord shall, within the time required by applicable Law, return to Tenant the portion of the Security Deposit remaining after deducting all damages, charges and other amounts permitted by Law. Landlord and Tenant agree that such deductions shall include, without limitation, all damages and losses that Landlord has suffered or that Landlord reasonably estimates that it will suffer as a result of any breach of this Lease by Xxxxxx. The Security Deposit may be commingled with other funds, and no interest shall be paid thereon. If Landlord transfers its interest in the Premises, Landlord will assign the Security Deposit to the transferee and, upon such transfer and the delivery to Tenant of an acknowledgement of the transferee’s responsibility 5 Approved Texas Industrial Lease Form Based On Master Lease Version 22 for the Security Deposit as provided by Law, Landlord thereafter shall have no further liability for the return of the Security Deposit. Provided no monetary Event of Default occurs prior to each anniversary of the Commencement Date, Tenant shall be entitled to a reduction of the Security Deposit in the amount set forth in Article 1of $25,000.00 upon each anniversary of the Commencement Date during the initial Term. The Security Deposit shall be held by Landlord as security for the full and faithful performance by Tenant remainder of all of the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails as exists from time to keep time will be held and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to applied by Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, Section 6. To the Security Deposit shall be returned extent Tenant is entitled to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon any such deliveryreduction, Landlord shall be discharged automatically apply the amount of such reduction as a credit against the monthly installment(s) of Basic Rent from any further liability Tenant next becoming due to Landlord with respect such credit being clearly delineated on the invoice submitted to the Security DepositTenant.

Security Deposit. Upon Concurrently with the execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1above. The Security Deposit shall be held by Landlord as security for the full performance of Tenant’s obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Xxxxxx’s default. Upon each occurrence of an Event of Default (hereinafter defined), and faithful performance by Tenant of notwithstanding any governmentally-imposed eviction moratorium then in effect, Landlord may use all or part of the termsSecurity Deposit to pay delinquent payments due under this Lease, covenants and provisions the cost of any damage, injury, expense or liability caused by such Event of Default, without prejudice to any other remedy provided herein or provided by law. Tenant shall pay Landlord on demand the amount that will restore the Security Deposit to its original amount. Xxxxxxxx’s obligation respecting the Security Deposit is that of a debtor, not a trustee; no interest shall accrue thereon. The Security Deposit shall be the property of Landlord, but shall be paid to Tenant when Tenant’s obligations under this Lease have been completely fulfilled. Landlord shall be released from any obligation with respect to the Security Deposit upon transfer of this Lease during and the term hereof. In no event shall Landlord be obligated Premises to pay, a person or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with entity assuming Landlord’s other fundsobligations under this Paragraph 5. In the event Tenant fails to keep and perform any of a sale or other disposition of the termsPremises, covenants or provisions of this LeaseLandlord may transfer the Security Deposit to the new owner, then Landlordand, at Landlord’s optionthereafter, may appropriate and apply Landlord shall be released by Tenant from all responsibility for returning the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which and Tenant shall look solely to the new owner for return of the Security Deposit provided that the new owner assumes all of Landlord's obligations accruing subsequent to the date of the transfer, and further provided that Landlord delivers to the transferee the Security Deposit. If Tenant assigns this Lease, Xxxxxx’s rights in the Security Deposit shall be in default deemed to be assigned to the assignee, such Security Deposit shall be held by Landlord as a Security Deposit made by the assignee and Landlord shall have no further responsibility for return of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this the Security Deposit to Tenant. Tenant hereby waives the amount required provisions of Section 1950.7 of the California Civil Code and all other provisions of any 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 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 specified in this Paragraph 5 and/or those sums reasonably necessary to compensate Landlord for any other out-of-pocket loss or damage, foreseeable or unforeseeable, actually incurred by Landlord arising from Tenant’s uncured default under this Lease. The Security Deposit, less any amounts permitted to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises retained or applied by Landlord in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In Tenant within sixty (60) days after the event of a sale expiration of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security DepositLease Term.

Security Deposit. Upon execution of this LeaseLease by Landlord, Tenant shall deposit with Landlord the Security sum of $120,000.00 (the “Escrow Deposit”) into an escrow account at Commercial Bank & Trust Co., 000 X. Xxxxxxxxxx Road, Memphis, Tennessee 38117, (“Escrow Agent”) which sum shall be held as security for the full, timely and faithful performance of Tenant's covenants and obligations under this Lease, it being expressly agreed that such Escrow Deposit is not an advance rental deposit or a measure of Landlord's damages. Provided Tenant is not, nor has been in default of any material obligation hereunder, $24,000.00 of the amount set forth held in Article 1escrow shall be released and disbursed to Tenant on each anniversary of the Commencement Date. The Security Deposit Upon the occurrence of any event of default Tenant, Landlord may, from time to time, without prejudice to any other remedy, use such funds to the extent necessary to make good any arrears of rent or other payments due Landlord hereunder, and any other damage, injury, expense or liability caused by Tenant's default; and Tenant shall pay to Landlord on demand the amount so applied in order to restore the security deposit to its original amount or to such lesser amount as shall then be required to be maintained by Tenant after any annual disbursements to Tenant previously made as stated above. Such escrow shall be held by Landlord as security for Escrow Agent under its standard form of escrow agreement. The escrow agreement shall provide that the full funds held in escrow will be invested and faithful performance by the interest paid to Tenant annually. Although the Escrow Deposit shall be deemed the property of all of the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receiveLandlord, any interest or other earnings on the security deposit. remaining balance of such deposit shall be returned by Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions at such time after termination of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the whether by expiration of the term and within thirty (30) days following Xxxxxx’s surrender or exercise of the Premises Tenant's option to terminate provided in accordance with the terms of this LeaseSection 31.01c below, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, when Landlord shall be discharged from any further liability with respect to the Security Deposithave determined that all Tenant's obligations under this Lease have been fulfilled.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be delivered to Landlord upon the execution of this Lease by Tenant and shall be held by Landlord without liability for interest as security for the full and faithful performance by Tenant of Tenant’s obligations. The Security Deposit is not an advance payment of Rent or a measure of Tenant’s liability for damages. Landlord may, from time to time, without prejudice to any other remedy, use all or a portion of the termsSecurity Deposit to satisfy past due Rent or to cure any uncured default by Tenant. If Landlord uses the Security Deposit, covenants and provisions Tenant shall on demand restore the Security Deposit to its original amount. Landlord shall return any unapplied portion of the Security Deposit to Tenant within 30 days after the earlier the date Tenant surrenders possession of the Premises to Landlord in accordance with this Lease during or the term hereofExpiration Date. In If Landlord transfers its interest in the Premises, Landlord shall assign the Security Deposit to the transferee and, following the assignment, Landlord shall have no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on further liability for the security depositreturn of the Security Deposit. Landlord shall not be obligated required to hold keep the Security Deposit separate from its other accounts. Tenant hereby waives the provisions of any Laws now or hereinafter in trust effect which (i) establish the time frame by which Landlord must refund collateral or security for performance of a tenant’s obligations under a lease, and/or (ii) provide that Landlord may claim from collateral or security for performance of a tenant’s obligations under a lease only those sums reasonably necessary to remedy defaults in a separate account but may freely commingle the security deposit with Landlord’s other fundspayment of rent, to repair damage caused by Tenant or to clean the Premises. In the event that regard, Tenant fails to keep and perform any of the termsagrees that Landlord may, covenants or provisions of this Leasein addition, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be claim those sums specified hereinabove and/or those sums reasonably necessary to pay compensate Landlord for any Rent loss or other sums due hereunder for which Tenant shall be in default of payment. damage caused by Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions breach of this Lease during or the lease termacts or omission of Tenant or any employee, upon the expiration agent, contractor or invitee of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security Deposit.

Security Deposit. Upon Lessee shall pay a security deposit to Lessor in the sum of «F12» due and payable concurrent with the execution of this Lease Agreement. The security deposit is set aside to secure Lessee’s performance of each and every covenant and agreement to be performed by Lessee(s) under the Lease Agreement. Lessee shall be held fully responsible for any and all damages done to the demised premises, fixtures, furnishings, equipment, or other property belonging to Lessor, except for normal wear and tear, or to any part of Lessor’s property caused at any time by misuse, carelessness or negligence on the part of the Lessee, the other Lessees or any member of any Lessee’s family or any invitees of any Lessee. Such liability shall be joint and several. Said security shall be placed and held, for the duration of the term of this Lease, Tenant in an account at an FDIC insured banking institution in Champaign County, Illinois. Said account may, at Lessor’s option, unless otherwise required by law, be an interest bearing account. Where required by law or local ordinance, Lessor shall pay to Lessee interest on Lessee’s security deposit with Landlord the Security Deposit funds as prescribed and in the amount set forth manner mandated by said law or local ordinance. After termination of the lease term or any renewal thereof and upon inspection of vacated premises, should Lessor find no damages beyond normal wear and tear, and Lessee(s) is not in Article 1. The Security Deposit default, then the deposit shall be held by Landlord as security for returned to Lessees with the full and faithful performance by Tenant issuance of all of a single check drafted to the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the below security deposit with Landlord’s recipient at the below address: SAMPLE LEASE Security deposit recipient SAMPLE LEASE _ Recipient permanent address The security deposit recepient hereby assumes the responsibility of distributing the deposit to the other fundsnamed Lessees as appropriate. In the event Tenant fails Lessor shall find damages beyond normal wear and tear, the cost of the repair or replacement shall be that of Lessee and the deposit herein shall apply towards the cost of such repair or replacement, but in no case shall the amount of the deposit herein restrict the right of Lessor to keep proceed for additional damages. Any and all notices, estimates, invoices and bills concerning the application of any of the security deposit to the payment of damages, whether required by State law or local ordinance may be mailed by Lessor only to said Security Deposit Recipient who is hereby appointed by each of the undersigned as the agent for all Lessees for all such purposes. All security deposit return inquires or disputes must be submitted in writing to the leasing office at 000 X. Xxxxx Xx., Xxxxxxxxx, XX 00000. Lessee expressly agrees that this deposit shall at no time during the lease term or renewal thereof be deemed or construed as an advance payment of rent for any month of the lease term, including specifically the last month’s rent. Such deposit shall not affect the right of Lessor to commence legal action for payment of rent due in the event of non-payment of rent or for breach of any other covenant under this lease. Lessee further agrees that in the event Lessee breaches this lease by failure to pay rent, or by failure to perform any of the other terms, covenants covenants, or provisions of this Leaseconditions contained herein, then Landlord, at Landlord’s option, Lessor may appropriate and apply the Security Depositdeposit towards the damage sustained by Lessor arising out of such breach in addition to the application of same to physical damages to the premises. The right of Lessor to apply the deposit shall in no way affect Lessor’s right or ability to proceed against Lessee for the collection of additional damages sustained by Lessor arising out of the breach of the lease or for the damages done to the leased premises by and through Lessee. The refund of the deposit is subject to the following:  The full term of the lease and/or any extension thereof shall have expired.  There is no damage to demised premises or to Lessor’s property except normal wear and tear.  The entire Leased Premises, including range, refrigerator, kitchen, bath, closets, all drawers, etc. shall be clean.  No tape or adhesive fastener marks are left on the painted walls.  There are no unpaid late charges, maintenance charges, or so much thereof delinquent rent.  All issued keys have been returned.  All debris, rubbish and discards have been removed from the premises.  All personal belongings and furnishings have been removed from the premises.  Correct forwarding address has been left with the Agent.  There has been full compliance by Lessee with all lease terms, covenants, and house rules. Xxxxxx Realty, Inc. (“Xxxxxx”) as may be necessary well as other contractors perform cleaning, maintenance, repair and similar services at Owners property, including the Leased Premises. Lessee acknowledges that with respect to cleaning charges Xxxxxx maintains a schedule of flat rate charges for the most common and recurring cleaning tasks. Lessee further acknowledges that this schedule is available for inspection at Roland’s offices during regular business hours. Lessee understands and agrees to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit cleaning charges incurred with respect to the amount required Leased Premises to be maintained Lessor in accordance with this Articleschedule. Upon Xxxxxx’s full Lessee further agrees that any work not specifically provided for on the schedule (cleaning not on the schedule, maintenance, repair or other charges) and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability incurred with respect to the Security DepositLeased Premises will be billed to and paid by Lessee in the sum billed to Lessor by Xxxxxx or other contractors performing such services.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord on the Security Deposit date of this Lease, security for the performance of all of its obligations in the amount set forth on the Schedule. Landlord hereby acknowledges receipt of the initial security deposit for the Existing Premises in Article 1the amount of $4,259.15. If Tenant defaults under this Lease, Landlord may use any part of the Security Deposit to make any defaulted payment, to pay for Landlord's cure of any defaulted obligation, or to compensate Landlord for any loss or damage resulting from any default. To the extent any portion of the deposit is used, Tenant shall within five (5) days after demand from Landlord restore the deposit to its full amount. Landlord may keep the Security Deposit in its general funds and shall not be required to pay interest to Tenant on the deposit amount. If Tenant shall perform all of its obligations under this Lease and return the Premises to Landlord at the end of the Term, Landlord shall return all of the remaining Security Deposit to Tenant not later than thirty (30) days after the delivery of possession of the Premises to Landlord. The Security Deposit shall be not serve as an advance payment of Rent or a measure of Landlord's damages for any default under this Lease. If the Base Rent shall, from time to time, increase during the term of this Lease (as extended from time to time), Tenant shall, upon Landlord's election, deposit with Landlord additional money as a Security Deposit so that the total amount of Security Deposit held by Landlord shall at all times bear the same proportion to the then current Base Rent as security for the full and faithful performance by Tenant of all of initial Security Deposit bears to the termsinitial Base Rent set forth in the Schedule. If Landlord transfers its interest in the Project or this Lease, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold either (a) transfer the portion of the Security Deposit in trust then held by Landlord to its transferee or in a separate account but may freely commingle (b) return to Tenant the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any portion of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned then held by Landlord and remaining after the deductions permitted herein. Upon such transfer to Tenant. In such transferee or the event return of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such deliveryTenant, Landlord shall be discharged from any have no further liability obligation with respect to the Security Deposit, and Tenant's right to the return of the Security Deposit shall apply solely against Landlord's transferee. Notwithstanding anything contained herein to the contrary, provided Tenant is not in default of any of the terms of the Lease, Landlord shall return to Tenant $19,596.20 from the Security Deposit on each anniversary of the Commencement Date.

Security Deposit. Upon Within ten (10) days of mutual execution and delivery of this Lease, Tenant shall agrees to deposit with Landlord a letter of credit in the amount of$2,014,492.75 on a form reasonably acceptable to Landlord (the “Security Deposit”) to guarantee the payment of rent and the performance by Tenant of all the terms and provisions of this Lease Agreement; it being acknowledged and agreed that Chase Bank is approved as an issuer of the Security Deposit in and the amount set forth in Article 1form of letter of credit attached to this Lease as Exhibit F has been approved by the parties. Upon the occurrence of any default under this Lease Agreement by Tenant that continues beyond the expiration of applicable notice and cure periods, Landlord may draw upon said Security Deposit to the extent necessary to cure such default, whether rent or otherwise. The Security Deposit shall be held by Landlord as security for returned or released to Tenant upon compliance with the full and faithful performance by Tenant of all of the terms, covenants terms and provisions of this Lease during the term Agreement, including, without limitation, Article 18 hereof. In no event shall Landlord be obligated Tenant understands that its potential liability under this Lease Agreement is not limited to pay, or Tenant is entitled to receive, any interest or other earnings on the security depositamount of the Security Deposit. Use of such Security Deposit by Landlord shall not be obligated constitute a waiver, but is in addition to hold any other remedies available to Landlord under this Lease Agreement and under law. Upon the use of all or any part of the Security Deposit in trust or in a separate account but may freely commingle the security to cure any default of Tenant, Tenant shall forthwith deposit with Landlord’s other fundsLandlord a renewed letter of credit in the full amount of the Security Deposit. In the event Tenant fails to keep of any rightful and perform any permitted assignment of the terms, covenants or provisions of this Lease, then Landlord, at LandlordTenant’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be interest in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this LeaseAgreement, the Security Deposit shall be returned deemed to Tenant. In be held by Landlord as a deposit made by the event of a sale of the Buildingassignee, and Landlord may deliver the Security Deposit shall have no further liability to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability assignor with respect to the return of the Security Deposit. Provided that on the date that is one year after the Commencement Date Tenant is not in default, and no occurrence or condition then exists for which notice has been given and, with the passage of time, would constitute an event of default under this Lease Agreement, then the amount of the letter of credit deposited as a Security Deposit shall be reduced by $402,898.56, and references to the “Security Deposit” shall mean such revised amount thereafter. Every 12 months thereafter, provided that on such date Tenant is not in default and no occurrence or condition then exists for which notice has been given and, with the passage of time, would constitute an event of default under this Lease Agreement, then the amount of the letter of credit deposited as a Security Deposit shall be further reduced by an additional $402,898.56, and references to the “Security Deposit” shall mean such revised amount thereafter, until such amount reaches $0.00, at which time the Security Deposit letter of credit shall be released. Should a default exist at the time of the applicable reduction, such reduction shall be held in abeyance until such time as the default is cured and no other default exists or occurrence or condition then exists for which notice has been given and, with the passage of time, would constitute an event of default under this Lease Agreement.

Security Deposit. Upon The total security deposit at the time of execution of this LeaseLease Contract for all residents in the apartment is $2,400.00 , Tenant shall due on or before the date this Lease Contract is signed. We will hold the security deposit with Landlord for the term of the tenancy and, upon termination of the tenancy, reserve the right to use the security deposit, or portions thereof, to cover any charges related to your, performance of this Lease Contract, including, but not limited to, cleaning, repair of damages, unpaid rent, late fees, and returned check fees. The primary purpose of the Security Deposit in is to secure the amount set forth in Article 1full performance of this Lease by Resident and such Security Deposit to pay Rent and that he or she is required to pay Rent for the full term of the lease. The Security Deposit shall be held by Landlord as security for the full and faithful performance by Tenant of all of the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit forfeited in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails Resident has breached lease and Resident has either voluntarily or through legal process, terminated occupancy as a result of such breach. It is agreed that there are certain costs, effort, and inconvenience imposed on Management by a Residents early departure from occupying a leased premises which may be difficult to keep and perform any anticipate in advance or establish after the fact does not prevent Management from claiming damages in excess of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant . Lessor shall be the sole judge as to whether the Premises are in default of payment. Tenantgood order and repair, upon notice from Landlord, immediately and Lessor shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon have 60 DAYS following the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with this Lease within which to account for and return such Security Deposit, or portions thereof, if any. Residence agrees that Xxxxxxxxx Xxxxx, Xxxxxxx X. Xxxxx, Xxxxxxx Xxxxxxxxx shall be the terms spokesperson for Resident, shall be responsible for the accounting and disbursement of this Lease, the Security Deposit and shall be returned authorized to Tenantact on behalf of and to bind all persons or occupants concerning all matters related to this Lease and Premises. In If a forwarding address is not provided upon move-out in order for Lessor to mail an applied refund amount, then Lessor shall retain the event of a sale of the Buildingfund for Resident. For pick up contact DTG Enterprises, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability Inc with respect to the Security Depositmailing address.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord as security for the full and faithful performance by Tenant of Tenant’s obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Upon each occurrence of an Event of Default (hereinafter defined), Landlord may use all or part of the termsSecurity Deposit to pay delinquent payments due under this Lease, covenants and provisions the cost of any damage, injury, expense or liability caused by such Event of Default, without prejudice to any other remedy provided herein or provided by law. Tenant shall pay Landlord on demand the amount that will restore the Security Deposit to its original amount. Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee; no interest shall accrue thereon. The Security Deposit shall be the property of Landlord, but shall be paid to Tenant when Tenant’s obligations under this Lease have been completely fulfilled. Landlord shall be released from any obligation with respect to the Security Deposit upon transfer of this Lease during and the term hereof. In no event shall Landlord be obligated Premises to pay, a person or Tenant is entitled to receive, any interest or other earnings on the security depositentity assuming Landlord’s obligations under this Paragraph 5. Landlord shall not be obligated to hold the Security Deposit in trust or in and Tenant hereby acknowledge that Landlord currently holds a separate account but may freely commingle the certain security deposit in the amount of $53,147 (“Other Security Deposit”) with Landlord’s other funds. In respect to the event Tenant fails to keep and perform any of Premises under the terms, covenants or provisions of this Prior Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms Commencement Date of this Lease, the Other Security Deposit Deposit, or portion thereof as described herein, shall be returned to Tenant. In the event of a sale of the Building, transferred by Landlord may deliver and shall become the Security Deposit under this Lease, except as otherwise provided for herein. Notwithstanding the foregoing, prior to the purchaser, and upon such deliveryCommencement Date of this Lease, Landlord and Tenant shall perform a walkthrough of the Premises for purposes of inspecting the Premises for any damages which are Tenant’s responsibility to repair, at Tenant’s sole cost and expense, under the Other Lease as agreed upon by the parties during such inspection of the Premises. Landlord shall require that such damages shall be discharged from any further liability with respect cured by Tenant prior to the Commencement Date of this Lease. If Tenant fails to perform such repairs prior to the Commencement Date as agreed upon by the parties during such inspection of the Premises, then Landlord shall repair such damage and deduct the costs thereof from the Other Security Deposit. The difference between the remaining balance of the Other Security Deposit and the amount of the Security Deposit as set forth on the first page of the Lease shall be paid by Tenant to Landlord upon demand so that the Security Deposit under this Lease equals the amount as set forth on the first page of the Lease.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 11 (“Security Deposit”), upon Tenant’s execution and submission of this Lease. The Security Deposit shall be held by Landlord serve as security for the prompt, full and faithful performance by Tenant of all of the terms, covenants terms and provisions of this Lease during Lease. If Tenant commits a Default, or owes any amounts to Landlord upon the term hereofexpiration or earlier termination of this Lease, Landlord may use or apply the whole or any part of the Security Deposit for the payment of Tenant’s obligations hereunder. The use or application of the Security Deposit or any portion thereof shall not prevent Landlord from exercising any other right or remedy provided hereunder or under any Law and shall not be construed as liquidated damages. In no the event the Security Deposit is reduced by such use or application, Tenant shall deposit with Landlord be obligated within ten (10) days after notice, an amount sufficient to pay, or Tenant is entitled to receive, any interest or other earnings on restore the security depositfull amount of the Security Deposit. Landlord shall not be obligated required to hold keep the Security Deposit in trust or in a separate account but may freely commingle the security deposit with from Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants general funds or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply pay interest on the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default . Any remaining portion of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant (or, at Landlord’s option, to the last assignee of Tenant’s interest in this Lease) within sixty (60) Table of Contents days after Tenant (or such assignee) has vacated the Premises in accordance with Article 23. In If the event Premises shall be expanded at any time, or if the Term shall be extended at an increased rate of a sale of the BuildingRent, Landlord may deliver the Security Deposit to shall thereupon be proportionately increased. Tenant shall not assign, pledge or otherwise transfer any interest in the purchaserSecurity Deposit except as part of an assignment of this Lease approved by Landlord under Article 13, and upon such delivery, Landlord any attempt to do so shall be discharged from any further liability with respect to the Security Depositnull and void.

Security Deposit. Upon Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1with Landlord. The Security Deposit shall be held by Landlord made as security for the full and faithful performance by Tenant of all of the terms, covenants and provisions of its obligations under this Lease during the term hereofLease. In no event shall Landlord be obligated If Tenant defaults with respect to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlordincluding, at Landlord’s optionbut not limited to, may appropriate the provisions relating to the payment of Rent, the removal of property and the repair of resultant damage, Landlord may, with notice to Tenant, but shall not be required to, apply all or any part of the Security Deposit, or so much thereof as may be necessary to pay Deposit for the payment of any Rent or any other sums due hereunder for which Tenant shall be sum in default of payment. Tenantand Tenant shall, upon notice from Landlorddemand therefor, immediately shall remit to Landlord an amount sufficient to restore this the Security Deposit to the amount required to be maintained in accordance with this Articleits original amount. Upon Xxxxxx’s full and complete performance and compliance with all Any unapplied portion of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant, or, at Landlord's option, to the last assignee of Tenant's interest hereunder, within thirty (30) days following the expiration of the Occupancy Period. In Tenant shall be entitled to interest earned on the event Security Deposit. Upon Tenant being entitled to reduce the Security Deposit as provided hereinabove, all interest accrued to date on the Security Deposit shall be paid to Tenant. Thereafter, interest shall accrue on the Security Deposit for the benefit of Tenant and shall be paid to Tenant when Tenant is entitled to the return of the Security Deposit as provided in this Lease. Tenant hereby irrevocably waives and relinquishes any and all rights, benefits, or protections, if any, Tenant now has, or in the future may have under any provision of law which (i) establishes the time frame by which a landlord must refund a security deposit under a lease, or (ii) provides that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant, or to clean the subject premises. Tenant acknowledges and agrees that (A) any statutory time frames for the return of a sale of security deposit are superseded by the Buildingexpress period identified in this Section 2.4, above, and (B) rather than be so limited, Landlord may deliver claim from the Security Deposit to the purchaser(i) any and all sums expressly identified in this Section 2.4, above, and (ii) any additional sums reasonably necessary to compensate Landlord for any and all losses or damages caused by Tenant's default of this Lease, including, but not limited to, all damages or rent due upon such delivery, Landlord shall be discharged from any further liability with respect to the Security Deposittermination of this Lease.

Security Deposit. Upon execution of this LeaseOn or prior to the Execution Date, Tenant shall pay to Landlord an amount equal to one installment of Monthly Base Rent, or $ , as a security deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall to be held by Landlord as security for the full and faithful performance by Tenant of all of the termsobligations owed to Landlord under this Agreement (“Security Deposit”). If, covenants and provisions of this Lease at any time during the term hereof. In no event shall Landlord be obligated to payAgreement term, or Tenant Tenant's Monthly Base Rent is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to increased above the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Leaseinitially paid hereunder, the Security Deposit shall be returned to Tenantincreased in the same manner such that the Security Deposit always equals one current monthly installment of Monthly Base Rent. In the event of a sale Upon each increase of the BuildingMonthly Base Rent, Tenant shall deposit with Landlord may deliver an amount sufficient to increase the Security Deposit to the purchaser, and upon such delivery, appropriate amount. Landlord shall not be discharged required to keep the Security Deposit separate from its general funds and Tenant shall not be entitled to interest thereon at the rate earned by Landlord, less any further liability reasonable administrative handling fees. If Tenant is in Default (Section 15.1) with respect to any provision of this Agreement, including, without limitation, the provisions relating to the payment of Monthly Base Rent, Additional Rent, or the cleaning of the Premises upon the termination of this Agreement, Landlord may, but shall not be required to, use, apply or retain all or any part of the Security DepositDeposit for the following: (i) payment of any Rent or any other sum in default; (ii) payment of any other expense which Landlord may incur by reason of Tenant's default hereunder; (iii) to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default hereunder; and (iv) all costs and reasonable attorneys' fees incurred by Landlord to recover possession of the Premises following a default by Tenant hereunder. If any portion of the Security Deposit is so used or applied, Tenant shall, upon demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to the appropriate amount, as determined hereunder. The Security Deposit or any balance thereof shall be returned to Tenant (or to Tenant’s assignee approved in writing by Landlord and Tenant) within 30 days following Tenant's returning of possession of the Premises to Landlord; provided, however, that Landlord may retain the Security Deposit until such time as any amount due from Tenant in accordance with this Article IV has been determined and paid to Landlord in full. No right or remedy available to Landlord as provided in this Section shall preclude or extinguish any other right or remedy to which Landlord may be entitled.

Security Deposit. Upon execution Tenant hereby agrees to pay to Landlord a security deposit of eight thousand four hundred forty dollars and fifty cents ($8,440.50), which is equal to first month’s Base Rental, on the day this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord as security for the full and faithful performance Lease is executed by Tenant of all of (the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the “Security Deposit, or so much thereof as may be necessary to pay ”). Upon the occurrence of any Rent or other sums due hereunder for which Tenant shall be in default Event of payment. Default by Tenant, upon notice Landlord may, from Landlordtime to time, immediately shall remit without prejudice to Landlord an amount sufficient to restore this any other remedy, use the Security Deposit to the amount required extent necessary to be maintained in accordance with this Articlemake good any arrears of Base Rental or Additional Rental or any other payment obligation hereunder, including, but not limited to, the cost of any damage, injury, expense, or liability caused by any Event of Default by Tenant hereunder. Upon Xxxxxx’s full and complete performance and compliance with all Any remaining balance of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned by Landlord to Tenant within a reasonable period of time after the termination or expiration of this Lease and the satisfaction of Tenant’s obligations hereunder. The Security Deposit shall not be considered an advance payment of rental or a measure of Landlord’s damages in case of default by Tenant. Tenant shall not be entitled to receive and shall not receive any interest on the Security Deposit, and Landlord may commingle the same with other monies of Landlord. In the event Landlord applies the Security Deposit or any portion thereof to the payment of any sum described above and this Lease is not terminated, Tenant shall immediately deposit with Landlord an amount of money equal to the amount so applied, and such amount shall be deemed to be part of the Security Deposit. In the event of a sale or transfer of Landlord’s interest in the BuildingPremises, Landlord may deliver shall have the right to transfer the Security Deposit to the purchaserpurchaser or lessor, as the case may be, and upon any such deliverytransfer and acknowledgement of receipt of Security Deposit by such transferee, Landlord shall be discharged from any further relieved of all liability with respect to Tenant for the return of the Security Deposit, and Tenant shall look solely to the new owner or lessor for the return of the Security Deposit.

Security Deposit. Upon Concurrently with the execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1above. The Security Deposit shall be held by Landlord as security for the full and faithful performance by Tenant of Tenant’s obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Upon each occurrence of an Event of Default (hereinafter defined), Landlord may use all or part of the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of pay delinquent payments due under this Lease, then Landlordand the cost of any damage, at Landlord’s optioninjury, may appropriate and apply the Security Depositexpense or liability caused by such Event of Default, without prejudice to any other remedy provided herein or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which provided by law. Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to pay Landlord an on demand the amount sufficient to that will restore this the Security Deposit to its original amount. Landlord’s obligation respecting the amount required to be maintained in accordance with this ArticleSecurity Deposit is that of a debtor, not a trustee; no interest shall accrue thereon. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the The Security Deposit shall be returned the property of Landlord, but shall be paid (to the extent remaining) to Tenant when Tenant’s obligations under this Lease have been completely fulfilled. Landlord shall be released from any obligation with respect to the Security Deposit upon transfer of this Lease and the Premises to a person or entity assuming Landlord’s obligations under this Paragraph 5. In the event of a sale or other disposition of the BuildingPremises, Landlord may deliver transfer the Security Deposit to the purchasernew owner, and upon such deliveryand, thereafter, Landlord shall be discharged released by Tenant from any further liability with respect to all responsibility for returning the Security Deposit, and Tenant shall look solely to the new owner for return of the Security Deposit. If Tenant assigns this Lease, Tenant’s rights in the Security Deposit shall be deemed to be assigned to the assignee, such Security Deposit shall be held by Landlord as a Security Deposit made by the assignee and Landlord shall have no further responsibility for return of the Security Deposit to Tenant. Tenant hereby waives the provisions of any 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 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 specified in this Paragraph 5 and/or those sums reasonably necessary to compensate Landlord for any other actual loss or damage, foreseeable or unforeseeable, caused by the acts or omissions of Tenant or any officer, member, manager, director, employee, agent, contractor or invitee of Tenant.

Security Deposit. Upon execution of this LeaseAgreement, Tenant TENANT, shall deposit with Landlord the LANDLORD as a Security Deposit in the amount set forth in Article 1of<<Security Deposit Charges>>. The Security Deposit shall be held by Landlord as security for the full and faithful performance by Tenant of all of the terms, covenants and provisions of this Lease At any time during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep of this Agreement and perform any upon termination of the termstenancy by either party for any reason, covenants or provisions of this Leaseand as provided herein, then Landlord, at Landlord’s optionthe LANDLORD, may appropriate and apply claim, from the Security Deposit, such amounts due LANDLORD under this Agreement, including but not limited to, remedying any default of the tenant in the payments of rent; repairing damages to the premises other than normal wear and tear caused by TENANT; and cleaning the Premises. TENANT shall not apply the Security Deposit to, or so much thereof as in lieu of, rent.Any termination prior to the initial Term set forth herein, or failure of TENANT to provide proper notice of termination, is a default in the payment of rent for the remainder of the Term, which may be necessary to pay any Rent or other sums due hereunder for which Tenant offset by the Security Deposit. LANDLORD shall be in default provide TENANT with a written, itemized accounting of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this the disposition of the Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxxof termination.TENANT agrees, upon termination of the tenancy, to provide LANDLORD with a forwarding address to prevent a delay in receiving the accounting and any refund. At the termination of this agreement, the TENANT will be refunded the remaining Security Deposit (if any).In the event of damage to the Premises caused by TENANT or TENANT’s family, agents or visitors, LANDLORD may use funds from the Security Deposit to repair, but is not limited to this fund and TENANT remains liable for any remaining costs. In addition to the above, to be fully refundable, the Premises must be professionally cleaned, including the carpets, tile, grout, and all other hard surface flooring. TENANT must produce an invoice from a reputable company to LANDLORD upon surrender of the Premises in accordance indicating the work performed and the applicable costs. The service provided and company used must be pre-approved by LANDLORD prior to commencing the work and must meet with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security DepositLANDLORD’S minimum standards.

Security Deposit. Upon Tenant’s execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in Deposit, as shown on the amount set forth in Article 1Lease Summary. The Security Deposit shall be held by Landlord serve as security for the full prompt, full, and faithful performance by Tenant of all of the terms, covenants terms and provisions of this Lease during the term hereofLease. In no the event shall Landlord be obligated to paythat Tenant is in Default hereunder, or in the event that Tenant owes any amounts to Landlord upon the expiration of this Lease, Landlord may use or apply the whole or any part of the Security Deposit for the payment of Tenant’s obligations hereunder. The use or application of the Security Deposit or any portion thereof shall not prevent Landlord from exercising any other right or remedy provided hereunder or under any Law and shall not be construed as liquidated damages. In the event the Security Deposit is entitled reduced by such use or application, Tenant shall deposit with Landlord, within ten (10) days after notice, an amount sufficient to receive, any interest or other earnings on restore the security depositfull amount of the Security Deposit. Landlord shall not be obligated required to hold keep the Security Deposit in trust or in a separate account but may freely commingle the security deposit with from Landlord’s other fundsgeneral funds or pay interest on the Security Deposit. In the event Provided Tenant fails to keep and perform any has performed all of the terms, covenants or provisions of its obligations under this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default remaining portion of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to TenantTenant within thirty (30) days subsequent to the Expiration Date. In If the event Premises shall be expanded at any time, or if the Term shall be extended at any increased rate of a sale of the BuildingRent, Landlord may deliver the Security Deposit to the purchaser, shall thereupon be proportionately increased. No trust or fiduciary relationship is created herein between Landlord and upon such delivery, Landlord shall be discharged from any further liability Tenant with respect to the Security Deposit. If Landlord transfers the Premises during the Term of this Lease, Landlord may pay the Security Deposit to Landlord’s successor-in-interest, in which event the transferring Landlord shall be released from all liability for the return of the Security Deposit.

Security Deposit. Upon In the event Tenant does not exercise, its first and/or second option to extend the Term pursuant to Paragraph 38.B. of this Lease, Tenant agrees to deposit with Landlord no later than twelve (12) months prior to the expiration of the Term, or the extended Term upon execution of this Lease, Tenant shall a security deposit with Landlord the Security Deposit as stated in the amount set forth in Article 1Basic Lease Information (the "Security Deposit"), which sum shall be held and owned by Landlord, without obligation to pay interest, as security for the performance of Tenant's covenants and obligations under this Lease. The Security Deposit shall be held is not an advance rental deposit or a measure of damages incurred by Landlord in case of Tenant's default. Upon the occurrence of any event of default by Tenant, Landlord may from time to time without prejudice to any other remedy provided herein or by law, use such fund as security for a credit to the full and faithful performance by Tenant extent necessary to credit against any arrears of all of the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest Rent or other earnings payments due to Landlord hereunder, and any other damage, injury, expense or liability caused by such event of default, and Tenant shall pay to Landlord, on demand, the security deposit. Landlord shall not be obligated amount so applied in order to hold restore the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other fundsto its original amount. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, Although the Security Deposit shall be deemed the property of Landlord, any remaining balance of such deposit shall be returned by Landlord to Tenant. In Tenant shall pay to Landlord, on demand, the event of a sale of the Building, Landlord may deliver amount so applied in order to restore the Security Deposit to its original amount. Although the purchaser, and upon such delivery, Landlord Security Deposit shall be discharged from deemed the property of Landlord, any further liability with respect remaining balance of such deposit shall returned by Landlord to Tenant at such time after termination of this Lease that all of Tenant's obligations under this Lease have been fulfilled, reduced by such amounts as may be required by Landlord to remedy defaults on the part of Tenant in the payment of Rent or other obligations of Tenant under this Lease, to repair damage to the Premises, Building or Project caused by Tenant or any Tenant's Parties and to clean the Premises. Landlord may use and commingle the Security DepositDeposit with other funds of Landlord.

Security Deposit. Upon Xxxxxx’s execution of this Lease, Tenant shall American Assets Trust – Lease Form 1/31/2023 deposit with Landlord good funds in the amount of the Security Deposit (if any) set forth in the Principal Lease Provisions, to secure the performance by Tenant of its obligations under this Lease, including without limitation Tenant's obligations (i) to pay Basic Monthly Rent and Additional Rent (as defined below), (ii) to repair damages to the Premises and/or the Project caused by Tenant or Tenant’s Invitees, (iii) to surrender the Premises in the condition required by Paragraph 23.1, below, and (iv) to remedy any other defaults by Tenant in the performance of any of its obligations under this Lease. If Tenant commits any default under this Lease, Landlord may, at its election, use the Security Deposit to cure such default, and to compensate Landlord for all damages actually suffered by Landlord which are directly attributable to such default, including, without limitation, reasonable attorneys' fees and costs incurred by Landlord. Upon demand by Landlord, Tenant shall promptly pay to Landlord a sum equal to any portion of the Security Deposit so used by Landlord, in order to maintain the Security Deposit in the amount set forth in Article 1the Principal Lease Provisions above (subject to increase as set forth below). The Security Deposit shall be held by Should Landlord as security for the full and faithful performance by Tenant of all of the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated choose to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold apply the Security Deposit in trust against damages suffered by it, such application shall not establish or in signify a separate account but may freely commingle waiver of any other rights or remedies of Landlord hereunder, nor shall such application constitute an accord and satisfaction. If the security Basic Monthly Rent shall, from time to time, increase during the Term, then, upon demand by Landlord, Tenant shall deposit with Landlord’s other fundsLandlord cash in an amount necessary to increase the Security Deposit such that it shall at all times bear the same proportion to the then‑current Basic Monthly Rent as the initial Security Deposit bears to the initial Basic Monthly Rent. In Within 45 days following the event Tenant fails to keep and perform any of the terms, covenants Expiration Date or provisions earlier termination of this Lease, then Landlord shall deliver to Tenant, at Xxxxxx's last known address, any portion of the Security Deposit not used by Landlord, at as provided in this Paragraph. Landlord may commingle the Security Deposit (and any advance Rent received by Landlord) with Landlord's other funds and Landlord shall not pay interest on such Security Deposit to Tenant. Tenant waives the provisions of California Civil Code Section 1950.7 (or any successor statute), and any similar principle of Laws with respect to Landlord’s option, may appropriate and ability to apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of paymentDeposit against future rent damages. TenantFurthermore, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all lawful termination of the terms, covenants and provisions Lease as a result of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following XxxxxxTenant’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such deliverydefault, Landlord shall be discharged from any further liability with respect entitled to immediately apply the Security DepositDeposit against damages computed under California Civil Code Section 1951.2, without the requirement that Tenant first be given notice and an opportunity to cure, and notwithstanding that the damages have not been finally adjudicated by a court. Tenant may not assign or encumber Tenant's residual rights in the Security Deposit without the consent by Landlord.

Security Deposit. Upon execution If Tenant shall pay to Landlord a Security Deposit, or if any amount tendered by Tenant to Landlord shall become a Security Deposit pursuant to the terms of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The such Security Deposit shall be held by Landlord to secure Tenant’s performance of its obligations under this Lease. The Security Deposit is not an advance payment of Rent or a measure or limit of Landlord’s damages upon an Event of Default (as security for the full and faithful performance by Tenant of all of the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security depositdefined herein). Landlord shall not be obligated may, from time to hold time following an Event of Default and without prejudice to any other remedy, use all or a part of the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event to perform any obligation Tenant fails to keep and perform hereunder. Following any such application of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit pay to Landlord an on demand the amount sufficient so applied in order to restore this the Security Deposit to the amount required to be maintained in accordance with this Articleits original amount. Upon Xxxxxx’s full and complete performance and compliance with Provided that Tenant has performed all of the termsits obligations hereunder, covenants and provisions of this Lease during the lease termLandlord shall, upon within 30 days after the expiration of the term Term and within thirty (30) days following XxxxxxTenant’s surrender of the Premises in accordance compliance with the terms provisions of this Lease, return to Tenant the portion of the Security Deposit which was not applied to satisfy Tenant’s obligations. The Security Deposit may be commingled with other funds, and no interest shall be returned to Tenantpaid thereon. In If Landlord transfers its interest in the event of a sale of Premises and the Buildingtransferee assumes Landlord’s obligations under this Lease, then Landlord may deliver assign the Security Deposit to the purchaser, transferee and upon such delivery, Landlord thereafter shall be discharged from any have no further liability with respect for the return of the Security Deposit. The rights and obligations of Landlord and Tenant under this Section 31 are subject to any other requirements and conditions imposed by Laws applicable to the Security Deposit.. LANDLORD AND TENANT EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY THAT THE PREMISES ARE SUITABLE FOR TENANT’S INTENDED COMMERCIAL PURPOSE. This Lease is executed on the respective dates set forth below, but for reference purposes, this Lease shall be dated as of the date first above written. If the execution date is left blank, this Lease shall be deemed executed as of the date first written above. LANDLORD: BMC SOFTWARE TEXAS, L.P., a Texas limited partnership By: BMC Software Texas, Inc., a Texas corporation, its general partner By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Vice President Execution Date: August 18, 2005 TENANT: OMEGA PROTEIN CORPORATION, a Nevada corporation By: /s/ Xxxx X. Held Name : Xxxx X. Held Title: Executive Vice President Execution Date: August 18, 2005 EXHIBIT A OUTLINE OF PREMISES [Graphic omitted] EXHIBIT B

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord as security for the full performance of Tenant’s obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Upon each occurrence of an Event of Default (hereinafter defined), Landlord may use all or part of the Security Deposit to pay delinquent payments due under this Lease, and faithful performance the cost of any damage, injury, expense or liability caused by such Event of Default, without prejudice to any other remedy provided herein or provided by law. Tenant shall pay Landlord on demand the amount that will restore the Security Deposit to its original amount. Any such restoration payment which is not paid within ten days after Landlord’s written demand therefor shall bear interest from the date of such written demand until paid at the lesser of fifteen percent or the maximum lawful rate of interest. The parties agree that such interest represents a fair and reasonable estimate of the costs that Landlord will incur by reason of such late payment by Tenant. The provision for such interest shall be in addition to all of the terms, covenants Landlord’s other rights and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, remedies hereunder or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord at law and shall not be obligated to hold construed as a penalty. Landlord’s obligation respecting the Security Deposit in trust or in is that of a separate account but may freely commingle debtor, not a trustee; no interest shall accrue thereon. If Tenant shall perform all of its obligations under this Lease and return the security deposit with Landlord’s other funds. In Premises to Landlord at the event Tenant fails to keep and perform any end of the terms, covenants or provisions Lease Term in the condition required upon surrender pursuant to the terms of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant Landlord shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with return all of the termsSecurity Deposit remaining after deducting all damages, covenants charges and provisions of this Lease during the lease term, upon the expiration of the term and other amounts permitted by law to Tenant within thirty (30) days following Xxxxxx’s surrender after the end of the Premises in accordance with the terms Lease Term. Landlord and Tenant agree that such deductions shall include all damages and losses that Landlord has suffered or that Landlord reasonably estimates that it will suffer as a result of any breach of this Lease, the Security Deposit shall be returned to Lease by Tenant. In If Landlord transfers its interest in the event of a sale of the Building, Premises Landlord may deliver shall assign the Security Deposit to the purchasertransferee and, and upon such deliverytransfer and the delivery to Tenant of an acknowledgement of the transferee’s responsibility for the Security Deposit as provided by law, Landlord thereafter shall be discharged from any have no further liability with respect to for the return of the Security Deposit.

Security Deposit. Upon execution of this Lease, Tenant shall deposit has deposited with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord as security above for the full performance of each and faithful performance every covenant and agreement to be performed by Tenant of all of the terms, covenants and provisions of under this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security depositLease. Landlord shall have the right, but not be obligated the obligation, to hold apply the Security Deposit in trust whole or in a separate account but may freely commingle part as payment of such amounts as are reasonably necessary to remedy Tenant's defaults in the security deposit with Landlord’s other funds. In payment of rent or in the event Tenant fails to keep and perform any performance of the terms, covenants or provisions agreements contained herein. Xxxxxxxx's right to possession of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Property for non-payment of rent or any other reason shall not be affected by the fact that Landlord holds security. Tenant's liability is not limited to the amount of the Security Deposit. Landlord shall give Tenant written notice of the application of the Security Deposit or any part thereof within thirty (30) days of said application. If the application is on account of maintenance, repairs or so much thereof as may be necessary to pay any Rent replacements necessitated by tenant, said notice shall include the estimated or other sums due hereunder for which actual cost of the same, attaching estimates or paid receipts. Upon receipt of said notice, Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit at once pay to Landlord an amount sufficient to restore this the Security Deposit to the amount required to be maintained in accordance with this Articlefull. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms termination of this Lease, full payment of all amounts due and performance of all Tenant's covenants and agreements (including surrender of the Property in accordance with Paragraph 15), the Security Deposit or any portion thereof remaining unapplied shall be returned to TenantTenant in accordance with applicable law. In the event of a sale sale, lease, or other transfer of the Building, Landlord may deliver the transfer or assign said Security Deposit to Landlord's grantee, lessee or assignee. Provided said grantee, lessee or assignee by written undertaking addressed to Landlord assumes all Landlord's obligations hereunder, Xxxxxx agrees to look to such grantee, xxxxxx or assignee solely for the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the return of said Security Deposit. The provisions hereof shall apply to each and every sale, lease or other transfer of the Building. The Security Deposit shall not be deemed or construed as advance payment of rent for any month of the lease term.

Security Deposit. Upon the execution of this Lease, Tenant shall deposit with Landlord cash in the amount of the Security Deposit set forth in the Principal Lease Provisions (the “Security Deposit”), to secure the performance by Tenant of its obligations under this Lease, including without limitation Tenant’s obligations (i) to pay Basic Monthly Rent, Additional Rent, and (if applicable) Percentage Rent, (ii) to repair damages to the Premises and/or the Project caused by Tenant or Tenant’s agents, employees, contractors, licensees, and invitees (collectively, “Tenant’s Invitees”), (iii) to surrender the Premises in the condition required by Paragraph 24, and (iv) to remedy any other defaults by Tenant in the performance of any of its obligations under this Lease. If Tenant commits any default under this Lease, Landlord may, at its election, use the Security Deposit to cure such defaults, and to compensate Landlord for all damage suffered by Landlord from such defaults, including, without limitation, attorneys’ fees and costs incurred by Landlord. Upon demand by Landlord, Tenant shall promptly pay to Landlord a sum equal to any portion of the Security Deposit so used by Landlord, in order to maintain the Security Deposit in the amount set forth in Article 1the Principal Lease Provisions (subject to increase as set forth below). The Security Deposit shall be held by Landlord as security for If the full and faithful performance by Tenant of all of the termsBasic Monthly Rent shall, covenants and provisions of this Lease from time to time, increase during the term hereof. In no event Term, then, upon demand by Landlord, Tenant shall deposit with Landlord be obligated cash in an amount necessary to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold increase the Security Deposit such that it shall at all times bear the same proportion to the then-current Basic Monthly Rent as the initial Security Deposit bears to the initial Basic Monthly Rent. Following the Expiration Date and within the time frame required by applicable law, Landlord shall deliver to Tenant, at Tenant’s last known address, any portion of the Security Deposit not used by Landlord, as provided in trust or in a separate account but this Paragraph. Landlord may freely commingle the security deposit Security Deposit with Landlord’s other funds. In the event Tenant fails to keep funds and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to Landlord shall not pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this interest on such Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security Deposit.

Security Deposit. Upon execution Tenant shall, within ten (10) business days following the waiver or satisfaction of the Acquisition Contingency (as defined in Section 23.20 below) deliver to Landlord the Letter of Credit described below, at Tenant’s sole cost and expense, as security for Tenant’s performance of all of Tenant’s covenants and obligations under this Lease, Tenant shall deposit the Development Agreement and any other document executed in connection with Landlord this Lease (collectively, the Security Deposit in “Lease Documents”); provided, however, that neither the amount set forth in Article 1. The Security Deposit Letter of Credit nor any Letter of Credit proceeds shall be held by Landlord as security for the full and faithful performance by Tenant deemed an advance rent deposit or an advance payment of all of the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to payany kind, or Tenant is entitled to receive, any interest or other earnings on the security deposita measure of Landlord’s damages upon an Event of Default by Tenant. Landlord shall not be obligated required to hold segregate the Security Deposit in trust Letter of Credit proceeds from its other funds and no interest shall accrue or in be payable to Tenant with respect thereto. Landlord may (but shall not be required) to draw upon the Letter of Credit and use all or any portion of the proceeds (the “Letter of Credit Proceeds”) to cure any Event of Default or to compensate Landlord for any damages Landlord incurs as a separate account but may freely commingle result of Tenant’s failure to perform any of its obligations under the security deposit with Lease Documents, it being understood that any use of the Letter of Credit Proceeds shall not constitute a bar or defense to any of Landlord’s other fundsremedies for an Event of Default set forth in this Lease, including, without limitation, the right to terminate this Lease and recover damages. In the event Tenant fails Landlord draws upon the Letter of Credit and elects not to keep and perform any of the terms, covenants or provisions of terminate this Lease, then upon written notice from Landlord to Tenant specifying the amount of the Letter of Credit Proceeds so drawn by Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit deliver to Landlord an amount sufficient to restore this Security Deposit amendment to the Letter of Credit or replacement Letter of Credit in form reasonably acceptable to Landlord in an amount required equal to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all one hundred percent (100%) of the terms, covenants and provisions of this Lease during the lease term, upon the expiration face amount of the term and Letter of Credit existing prior to the draw by Landlord. Tenant’s failure to deliver such amended or replacement Letter of Credit within thirty five (305) days following Xxxxxxof Landlord’s surrender notice or breach of the Premises in accordance with the terms its other obligations under this Section shall constitute an Event of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security DepositDefault hereunder.

Security Deposit. Upon execution of this Lease, Tenant shall deposit has deposited with Landlord the Security Deposit in the amount set forth in Article 1the Basic Lease Provisions above, to be held by Landlord during the Term as set forth below. The Security Deposit shall be held by Landlord without liability for interest and as security for the full and faithful performance by Tenant of all of the terms, Tenant’s covenants and provisions of this Lease during obligations hereunder, it being expressly understood that the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord Security Deposit shall not be obligated considered as a measure of Tenant’s damages in case of default by Tenant. Landlord may, in its sole discretion, from time to hold time without prejudice to any other remedy, use the Security Deposit in trust to the extent necessary to make good any default under this Lease or in a separate account but may freely commingle the security deposit with Landlord’s to satisfy any other fundscovenant or obligation of Tenant hereunder. In the event Tenant fails to keep and perform Following any such application of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit pay to Landlord an on demand the amount sufficient so applied in order to restore this the Security Deposit to its original amount. If Tenant is not in default at the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms termination of this Lease, the balance of the Security Deposit remaining after any such application shall be returned to TenantTenant within a reasonable period after such termination, after deducting therefrom any unpaid obligation of Tenant to Landlord as may arise under this Lease, including, without limitation, the obligation of Tenant to restore the Premises upon termination of this Lease. In If Landlord transfers its interest in the event Premises during the Term of a sale of the Buildingthis Lease, Landlord may deliver assign the Security Deposit to the purchasertransferee provided that such transferee accepts, and upon such deliveryin writing, Landlord to be bound by the terms of this Lease as the landlord hereunder. Provided Tenant is not then in uncured default, the required amount of the Security Deposit shall be discharged from any further liability with respect reduced to the following amounts on the following dates: Date Amount Of Security Deposit Mutual Execution $ 538,069.80 (the “Original Deposit.”) Beginning of Lease Month 13 $ 403,552.35 Beginning of Lease Month 25 $ 269,034.90 Beginning of Lease Month 37 $ 134,517.45 Beginning of Lease Month 49 $ 89,678.30

Security Deposit. Upon Concurrently with the execution of this LeaseAmendment by each of the parties, Tenant shall deposit with Landlord the Security Deposit a check in the amount set forth in Article 1. The sum of $49,500.00 (the “Security Deposit shall be held by Deposit”) with Landlord as security for the full and faithful performance and observance by Tenant of all of the terms, covenants and provisions conditions of this Lease during the term hereofLease. In no event shall Landlord be obligated to payIf (a) a material default by Tenant (as set forth in Paragraph 22(a)), or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event (b) Tenant fails to keep make any installment of rent as and perform when due, Landlord may apply or retain the whole or any part of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, to the extent required for the payment of any Monthly Base Rent or so much thereof any other sum as to which Tenant is in default including (i) any sum which Landlord may expend or may be necessary required to pay expend by reason of such material default, and/or (i) any Rent actual damages to which Landlord is entitled pursuant to the Lease as amended hereby, whether such damages accrue before or other sums due hereunder for which Tenant shall be in default after summary proceedings or reentry by Landlord. If Landlord applies or retains any part of payment. the Security Deposit, Tenant, upon notice within 10 days of a written demand from Landlord, immediately shall remit to deposit with Landlord an amount sufficient to restore this so applied or retained so that Landlord shall have the full Security Deposit to on hand at all times during the amount required to be maintained in accordance with this ArticleTerm. Upon Xxxxxx’s full and complete performance and compliance If Tenant complies with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration conditions of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this LeaseLease as amended hereby, the Security Deposit shall be returned to TenantTenant within 30 days of the Expiration Date and after delivery of possession of the Premises to Landlord in the manner required by the Lease (as amended hereby). In Within 30 days of any sale or other transfer of the event of a sale of Project or the Building, or any financing of Landlord’s interest therein, Landlord may deliver shall transfer the Security Deposit to its successor, transferee or lender (including any new landlord). Tenant shall look solely to the purchasernew landlord, successor, transferee or lender for the return of such Security Deposit and upon such deliverythe provisions hereof shall apply to every transfer or assignment made of the Security Deposit to any new landlord, successor, transferee or lender. Tenant shall not assign or encumber or attempt to assign or encumber the Security Deposit and neither Landlord nor its successors or assigns shall be discharged from bound by any further liability with respect to the Security Depositsuch action or attempted assignment, or encumbrance.

Security Deposit. Upon execution Landlord acknowledges the receipt from Tenant of this Lease$37,919.79 (the "Security Deposit"), Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit which shall be held by Landlord as security for the full and faithful to secure Tenant's performance by Tenant of all its obligations under this Lease. The Security Deposit is not an advance payment of the terms, covenants and provisions Rent or a measure or limit of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security depositLandlord's damages upon an Event of Default (defined in Section 16). Landlord shall not be obligated may, from time to hold time and without prejudice to any other remedy, use all or a part of the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event to perform any obligation Tenant fails to keep and perform hereunder. Following any such application of the termsSecurity Deposit, covenants or provisions Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit to its original amount. Provided that Tenant has performed all of its obligations hereunder, Landlord shall, within 30 days after the Term ends, return to Tenant the portion of the Security Deposit which was not applied to satisfy Tenant's obligations. The Security Deposit may be commingled with other funds, and no interest shall be paid thereon. If Landlord transfers its interest in the Premises and the transferee assumes Landlord's obligations under this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver assign the Security Deposit to the purchaser, transferee and upon such deliveryLandlord thereafter shall have no further liability for the return of the Security Deposit. If requested by Tenant in writing, Landlord shall invest the Security Deposit in a certificate of deposit purchased by Landlord, in its name, from a national banking association provided that income accruing on the certificate of deposit will be discharged from any further liability with respect for the benefit of Tenant and Tenant shall pay all taxes thereon. While no Event of Default exists, all income earned on the certificate of deposit shall be paid to Tenant promptly after receipt thereof; however, while an Event of Default exists, all such income shall be paid to Landlord and held as an additional security deposit. Additionally, upon an Event of Default, Landlord may withdraw all amounts evidenced by the certificate of deposit and thereafter hold and apply such amounts pursuant to the Security Depositterms of this Section 5. To the extent Tenant has any interest in the certificate of deposit, Tenant hereby grants to Landlord a security interest therein to secure Tenant's obligations under this Lease.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord on the date this Third Amendment is executed by Tenant a security deposit in the amount of $34,683.98 (the "Security Deposit") to be held by Landlord, without obligation for interest, as security for Tenant's performance hereunder, it being expressly understood that the Security Deposit is not an advance rental deposit or measure of Landlord's damages in case of Tenant's default. Upon the occurrence of any default hereunder by Tenant, Landlord may, without prejudice to any other remedy provided herein or by law, use the Security Deposit to pay any arrears in Rent and any other damage, injury, expense (including legal expenses) or liability caused by such default. If any or all of such Security Deposit is so used, Tenant agrees promptly following demand by Landlord to restore such Security Deposit to its original amount. Landlord also may require Tenant to provide Landlord with an additional amount set forth in Article 1to be held as part of the Security Deposit if Tenant commits a default or if the Lease is modified. Tenant agrees that it will not assign or encumber or attempt to assign or encumber the monies deposited with Landlord as the Security Deposit and that Landlord and its successors and assigns shall not be bound by any such actual or attempted assignment or encumbrance. The Security Deposit shall be held by Landlord as security for the full and faithful performance by Tenant of all of the terms, covenants and provisions of this Lease during the term hereofLandlord's property. In no event shall Landlord be obligated to pay, or If Tenant is entitled to receivenot then in default hereunder, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any remaining balance of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the such Security Deposit shall be returned by Landlord to TenantTenant within a reasonable time (not to exceed sixty days) after the Expiration Date, or otherwise in compliance with applicable laws, provided that Tenant has fully and timely performed its obligations under this Lease, less the cost of restoring the Premises to its original condition, normal wear and tear excluded. In If Landlord sells or transfers the event of Premises, or a sale of the Buildingsubstantial part thereof, Landlord may deliver shall have the right to transfer such Security Deposit to the purchasertransfee, and upon such delivery, Landlord shall be discharged thereupon released from any further all liability with respect for return of such Security Deposit, and Tenant shall look solely to such transferee for the return and thereof. Additionally, Landlord acknowledges receipt of a calendar year 2003 Operating Expense reconciliation credit in the amount of $45,818.85 (the "Secondary Security Deposit") (the Security Deposit and Secondary Security Deposit shall be referred to collectively herein as the "Security Deposit") to be held by Landlord, without obligation for interest, as security for Tenant's performance hereunder, it being expressly understood that the Security Deposit is not an advance rental deposit or measure of Landlord's damages in case of Tenant's default. All of the terms and provisions set forth in the above paragraph of this Section 8, shall apply to the Secondary Security Depositdeposit, except as otherwise noted below. Notwithstanding any of the foregoing provisions of this Section 8, upon the occurrence of any default hereunder by Tenant from July 1, 2004 through June 30, 2007, Landlord may, without prejudice to any other remedy provided herein or by law, use the Security Deposit and/or Secondary Security Deposit (at Landlord's sole discretion) to pay any arrears in Rent and any other damage, injury, expense (including legal expenses) or liability caused by such default. Commencing July 1, 2007, provided that Tenant has fully and timely performed its obligations under this Lease and there has not been an occurrence of any default hereunder by Tenant from July 1, 2004 through June 30, 2007, then the entire unused Secondary Security Deposit in the amount of $45,818.85 shall not be refunded to Tenant, but shall be credited against Tenant's next accruing months' Base Rental payments. Prior to July 1, 1007, if any or all of the Secondary Security Deposit is used by Landlord as provided herein, Tenant agrees: (a) promptly following demand by Landlord to restore such Secondary Security Deposit to its original amount, (b) no portion of the Secondary Security Deposit shall be available to Tenant as a credit against any Base Rental due and owing to Landlord under the Lease as set forth in the immediately preceding sentence of this paragraph, and (c) no portion of the Secondary Security Deposit shall be available for refund to Tenant until after the Expiration Date.

Security Deposit. Upon execution The Security Deposit shall be in the form of an irrevocable letter of credit (the "Letter of Credit") which shall: (a) be in the amount of $1,200,000.00; (b) be issued on the form attached hereto as Exhibit G; (c) name Landlord as its beneficiary; (d) be drawn on an FDIC insured financial institution satisfactory to Landlord; and (e) expire no earlier than 30 days after the Termination Date of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be delivered to Landlord upon the execution of this Lease by Tenant and shall be held by Landlord without liability for interest (unless required by Law) as security for the full and faithful performance of Tenant's obligations. The Security Deposit is not an advance payment of Rent or a measure of Tenant's liability for damages. Landlord may, from time to time, without prejudice to any other remedy, use only that portion of the Security Deposit required to satisfy past due Rent or to cure any default by Tenant of all that remains uncured beyond any applicable notice and cure period. If Landlord uses the Security Deposit, Tenant shall on demand restore the Security Deposit to its original amount. Landlord shall return any unapplied portion of the terms, covenants and provisions Security Deposit to Tenant within 30 days after the later to occur of: (1) the date Tenant surrenders possession of the Premises to Landlord in accordance with this Lease; or (2) the date this Lease during terminates. If Landlord transfers its interest in the term hereof. In Premises, Landlord shall assign the Security Deposit to the transferee and, following the assignment, Landlord shall have no event shall Landlord be obligated to payfurther liability for the return of the Security Deposit, or Tenant is entitled to receive, any interest or other earnings on provided the security deposittransferee assumes in writing Landlord's liability hereunder. Landlord shall not be obligated required to hold keep the Security Deposit separate from its other accounts. Notwithstanding anything herein to the contrary, provided Tenant is not in trust default under this Lease beyond any applicable notice or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any cure period as of the terms, covenants or provisions effective date of this Lease, then Landlord, at Landlord’s option, may appropriate and apply any reduction of the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit have the right to Landlord an amount sufficient to restore this Security Deposit to reduce the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit (i.e., the Letter of Credit) to be as follows: (i) $800,000.00 effective as of the 5th anniversary of the Commencement Date; and (ii) $400,000.00 effective as of the 6th anniversary of the Commencement Date. Such reduction shall be returned to Tenant. In accomplished by having Tenant provide Landlord with a substitute letter of credit in the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security Depositreduced amount.

Security Deposit. Upon Contemporaneously with the execution of this Lease, Tenant shall deposit with pay to Landlord the Security Deposit (as defined in the Basic Lease Information), which shall be held by Landlord to secure Tenant’s performance of its obligations under this Lease. The Security Deposit is not an advance payment of Rent or a measure or limit of Landlord’s damages upon an Event of Default (as defined in Section 17). Landlord may, at Landlord’s discretion, from time to time following an Event of Default and without prejudice to any other remedy, use all or a part of the Security Deposit to put the Premises in the condition required under this Lease and to perform any obligation Tenant fails to perform hereunder or in connection with Landlord’s remedies under this Lease. Following any such application of the Security Deposit, Tenant shall pay to Landlord on demand the amount set forth so applied in Article 1order to restore the Security Deposit to its original amount. Subject to the requirements of, and conditions imposed by, Laws applicable to security deposits under commercial leases, Landlord shall, within the time required by applicable Law, return to Tenant the portion of the Security Deposit remaining after deducting all damages, charges and other amounts permitted by Law. Landlord and Tenant agree that such deductions shall include, without limitation, all damages and losses that Landlord has suffered or that Landlord reasonably estimates that it will suffer as a result of any breach of this Lease by Tenant. Unless required otherwise by applicable Law, the Security Deposit may be commingled with other funds, and no interest shall be paid thereon. If Landlord transfers its interest in the Premises, Landlord may assign the Security Deposit to the transferee and, upon such transfer (and the delivery to Tenant of an acknowledgment of the transferee’s responsibility for the Security Deposit if required by Law), Landlord thereafter shall have no further liability for the return of the Security Deposit. The Security Deposit shall be held in the form of an irrevocable, unconditional letter of credit (the “Letter of Credit”). The Letter of Credit shall be addressed to Landlord, issued in a form and substance similar to that attached hereto as Exhibit G and by Landlord as security for a financial institution approved by Landlord, in Landlord’s sole discretion, shall be freely transferable without fee, and having an expiration date falling no sooner than ten (10) years and thirty (30) days after the full and faithful performance Commencement Date. Tenant agrees that upon any default by Tenant of all of under the terms, covenants terms and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then LandlordLandlord shall have the right to receive payment under any Letter of Credit of the entire amount of such Letter of Credit at such time, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant such amounts received by Landlord shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to held by Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained and applied in accordance with this ArticleLease in the same manner as for a cash Security Deposit. Upon Xxxxxx’s full and complete performance and compliance with all Provided no Event of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of Default shall have occurred under this Lease, the amount of the Security Deposit shall be returned to Tenant. In the event of a sale reduced by $11,600.00 as of the Buildingsecond (2nd) anniversary of the Commencement Date, Landlord may deliver and by$54,800.00 as of each subsequent anniversary of the Commencement; provided, however, that in no event shall the Security Deposit be reduced to the purchaseran amount less than $127,794.00. Prior to any such reduction, and upon such delivery, Landlord Tenant shall be discharged from any further liability with respect required to have furnished to Landlord a replacement Letter of Credit in the reduced amount of such Security Deposit.

Security Deposit. Upon Concurrently with Subtenant's execution of this LeaseSublease, Tenant Subtenant shall deposit with Landlord Sublandlord a security deposit (the "Security Deposit Deposit") in an amount of equal to one (1) monthly installment of base rent (at the amount set forth in Article 1rate applicable for the seventh (7th) full month of the initial term of this Sublease). The Security Deposit shall be held by Landlord Sublandlord as security for the full and faithful performance by Tenant Subtenant of all of the terms, covenants covenants, and conditions of this Sublease to be kept and performed by Subtenant during the Sublease term. If Subtenant is in default beyond all applicable notice, grace and cure periods with respect to any provisions of this Lease during Sublease, including, but not limited to, the term hereof. In no event shall Landlord be obligated provisions relating to paythe payment of Rent ("Rent" for the purposes of this Sublease includes base rent and all other sums payable by Subtenant to Sublandlord under this Sublease), or Tenant is entitled to receiveSublandlord may, any interest or other earnings on the security deposit. Landlord but shall not be obligated to hold required to, use, apply or retain all or any part of the Security Deposit for the payment of any Rent or any other sum in trust default, or in a separate account but for the payment of any amount that Sublandlord may freely commingle the security deposit with Landlord’s spend or become obligated to spend by reason of Subtenant's default, or to compensate Sublandlord for any other fundsloss or damage that Sublandlord may reasonably suffer by reason of Subtenant's default. In the event Tenant fails to keep and perform If any portion of the termsSecurity Deposit is so used or applied, covenants or provisions Subtenant shall, within five (5) business days after written demand therefor, deposit cash with Sublandlord in an amount sufficient to restore the Security Deposit to its original amount, and Subtenant's failure to do so shall be a default under this Sublease. If Subtenant shall fully and faithfully perform every provision of this LeaseSublease to be performed by it, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant balance thereof, shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit returned to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and Subtenant within thirty (30) days following Xxxxxx’s surrender the expiration of the Premises in accordance with the terms of this Lease, the Security Deposit Sublease term. Subtenant shall not be returned entitled to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to interest on the Security Deposit.

Security Deposit. Upon execution The Security Deposit previously delivered to Landlord by Tenant has been returned to Tenant, receipt of this Leasewhich is acknowledged by Tenant. Except as provided in Exhibit G, Tenant Section 19.02 attached hereto, no Security Deposit shall deposit with Landlord be required to be deposited by Tenant. If a Security Deposit is required by Exhibit G, Section 19.03, the Security Deposit shall secure Tenant’s obligations under this Lease to pay rent and other monetary amounts, to maintain the Premises and repair damages thereto, to surrender the Premises to Landlord in clean and sanitary condition and repair upon termination of this Lease as required pursuant to Section 18.15 below and to discharge Tenant’s other obligations hereunder. Landlord may use and commingle the Security Deposit with other funds of Landlord. If Tenant fails to perform Tenant’s obligations hereunder, 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 any portion of the Security Deposit, Tenant, shall immediately pay Landlord a sufficient amount set forth in Article 1cash to restore the Security Deposit to the full original amount. In the event that Landlord shall expend the same in order to cure Tenant’s default hereunder, Tenant’s failure to forthwith remit to Landlord a sufficient amount in cash to restore the Security Deposit to the original sum deposited within ten (10) days after Tenant’s receipt of notice from Landlord that such amounts have been so expended shall constitute an Event of Default. The Security Deposit shall be held by Landlord as security without liability for the full and faithful performance by Tenant of all of the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security depositsame. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions Upon termination of this Lease, if Tenant has then Landlordperformed all of Tenant’s obligations hereunder, at Landlord’s option, may appropriate and apply Landlord shall return the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this ArticleTenant. Upon XxxxxxIf Landlord sells or otherwise transfers Landlord’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of rights or interest under this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchasertransferee, and upon such delivery, whereupon Landlord shall be discharged released from any further liability to Tenant with respect to the Security Deposit.

Security Deposit. Upon The Security Deposit in the amount specified in the Basic Lease Information shall be held by Landlord without liability for interest and as security for the performance by Tenant of Tenant’s covenants and obligations under this Lease including but not limited to those set forth in Paragraph 10 hereof, It being expressly understood that the Security Deposit shall not be considered an advance payment of rent or a measure of Tenant’s liability for damages in case of default by Tenant. Landlord may, from time-to-time, without prejudice to any other remedy and without waiving such default, use the Security Deposit to the extent necessary to cure any default of Tenant hereunder, after notice to Tenant of such default. Following any such application of the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit to Its original amount. If Tenant is not in default at the termination of this Lease, the balance of the Security Deposit remaining after any such application shall be returned by Landlord to Tenant. If Landlord transfers its Interest In the Premises during the Term of this Lease, Landlord may assign the Security Deposit to the transferee and thereafter shall have no further liability for the return of such Security Deposit. Tenant agrees to look solely to such transferee or assignee or successor thereof for the return of the Security Deposit. Landlord and its successors and assigns shall not be bound by any actual or attempted assignment or encumbrance of the Security Deposit by Tenant. If Tenant is in default under this Lease more than three (3) times within any twelve-month period, irrespective of whether or not such default is cured, then, without limiting Landlord’s other rights and remedies provided for in the Lease or at law or equity, the Security Deposit shall automatically be increased by an amount equal to the greater of: (i) three (3) times the original Security Deposit, or (ii) three (3) months Base Rental. Such additional Security Deposit shall be paid by Tenant to Landlord forthwith on demand. On or before the Expansion Space Commencement Date, as a condition to Landlord’s obligation to deliver the Expansion Space to Tenant, Tenant shall deposit with Landlord, without notice or demand, an additional Forty Thousand Seven Hundred Eleven Dollars and 20/100 ($40,711.20), for a Security Deposit totaling Forty-Nine Thousand One Hundred Fourteen Dollars and 15/100 ($49,114.15). In addition to the Security Deposit, within fourteen (14) days after execution of this Lease, Tenant shall deposit provide Landlord with Landlord the Security Deposit an irrevocable letter of credit (“Letter of Credit”) in the amount set forth in Article 1. The Security Deposit shall be held by Landlord as security for the full of One Hundred Seventeen Thousand Seven Hundred Seventy-Eight and faithful performance by Tenant of all of the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds62/100 Dollars ($117,778.62). In the event Tenant fails to keep deliver said Letter of Credit to Landlord within the fourteen (14) day period set out in this Paragraph 6, such nondelivery shall be deemed to be an event of default under this Lease and perform any Landlord shall be entitled to exercise all such rights and remedies as are herein provided. Said Letter of Credit will be reduced by one-third (1/3) annually over the first three (3) years of the termsinitial Lease Term. If Tenant’s net worth is less than Two Million Dollars ($2,000,000.00) upon the Expansion Space Commencement Date, covenants then, on or provisions before the Expansion Space Commencement Date, as a condition to Landlord’s obligation to deliver the Expansion Space to Tenant, Tenant shall provide an additional irrevocable letter of this Leasecredit in the amount of One Hundred Sixty-Five Thousand Three Hundred Ninety-Eight and 89/100 Dollars ($165,398.89) (the “Expansion Space Letter of Credit”). The Letters of Credit shall be issued by a commercial bank having its principal office within the Southern California area and shall be capable of being drawn upon at a location in Southern California reasonably acceptable to Landlord. In all cases, then the identity of the issuer of the Letters of Credit shall be subject to the approval of Landlord, at in its solo and absolute discretion. The form of the Letters of Credit shall be subject to the review and approval of Landlord, in its sole and absolute discretion, and the Letters of Credit shall contain language allowing Landlord to draw upon the Letters of Credit upon presentation to the issuer of Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to written statement that Landlord an amount sufficient to restore this Security Deposit is entitled to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all funds represented by such Letter of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises Credit in accordance with the terms of this Lease. Notification of or approval by Tenant prior to any drawing upon a Letter of Credit shall not be required. The Letters of Credit shall each be for an original term of not less than one (1) year and shall permit, if appropriate based upon the length of the remaining Term of the Lease, Landlord to draw in full upon the Letter of Credit unless Tenant furnishes to Landlord, at least thirty (30) days prior to the expiration of the Letter of Credit in question, either an extension of the Letter of Credit from the Issuer or a substitute Letter of Credit consistent with the requirements of this paragraph, in either case so that Landlord has in its possession at all times during the Term and for a period of at least two (2) weeks after Landlord recovers and accepts possession of the Premises a valid Letter of Credit capable of being drawn upon in compliance with this paragraph. Landlord and Tenant agree that Landlord may draw upon the Letters of Credit without notice to Tenant upon the occurrence or nonoccurrence of any event entitling Landlord under this Lease to apply any portion of the Security Deposit. Landlord shall return the Letters of Credit to Tenant at such time as Landlord is obligated to return the Security Deposit shall be returned to TenantTenant pursuant to the terms of this Lease. In the event of a sale or other disposition of the BuildingPremises, Landlord may deliver require that Tenant furnish to Landlord’s transferee a substitute or amended Letter of Credit, naming such transferee as the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security Depositbeneficiary.

Security Deposit. Upon Tenant’s execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in Deposit, as shown on the amount set forth in Article 1Lease Summary. The Security Deposit shall be held by Landlord serve as security for the full prompt, full, and faithful performance by Tenant of all its obligations under this Lease. In the event that Tenant is in Default hereunder, or in the event that Tenant owes any amounts to Landlord upon the expiration of this Lease, Landlord may use or apply the whole or any part of the terms, covenants Security Deposit for the payment of Tenant’s obligations hereunder. The use or application of the Security Deposit or any portion thereof shall not prevent Landlord from exercising any other right or remedy provided hereunder or under any Law and provisions of this Lease during the term hereofshall not be construed as liquidated damages. In no the event the Security Deposit is reduced by such use or application, Tenant shall Landlord be obligated deposit with Landlord, within ten (10) days after notice, an amount sufficient to pay, or Tenant is entitled to receive, any interest or other earnings on restore the security depositfull amount of the Security Deposit. Landlord shall not be obligated required to hold keep the Security Deposit in trust or in a separate account but may freely commingle the security deposit with from Landlord’s other fundsgeneral funds or pay interest on the Security Deposit. In the event Provided Tenant fails to keep and perform any has performed all of the terms, covenants or provisions of its obligations under this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default remaining portion of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to TenantTenant within thirty (30) days subsequent to the Expiration Date. In If the event Premises shall be expanded at any time, or if the Term shall be extended at any increased rate of a sale of the BuildingRent, Landlord may deliver the Security Deposit to the purchaser, shall thereupon be proportionately increased. No trust or fiduciary relationship is created herein between Landlord and upon such delivery, Landlord shall be discharged from any further liability Tenant with respect to the Security Deposit. If Landlord transfers the Premises during the Term, Landlord shall pay the Security Deposit to Landlord’s successor-in-interest, in which event the transferring Landlord shall be released from all liability for the return of the Security Deposit. Tenant waives the provisions of any Laws now in force or that become in force after the date of execution of this Lease, that require return of any remaining Security Deposit within a specified period or limiting the costs, expenses or damages for which Landlord may use a security deposit, including any provisions of such Laws providing that Landlord may 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. Landlord and Tenant agree that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other foreseeable or unforeseeable loss or damage caused by the acts or omissions of Tenant or any Tenant Related Party.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit paid herein represents a security for the faithful performance of the Lease Agreement by the Tenants. At the expiration or termination of the Lease, said Security Deposit will be applied to any damages suffered by the Landlord as result of the Tenant’s occupancy, including, without limitation, required professional cleaning, professional carpet cleaning, and pest control as this was done prior to Tenants taking occupancy. Professional cleaning, carpet cleaning and pest control will be deducted if proof is not shown by Tenant of having services done on move out. The security deposit shall never be construed or intended to be applied as rent, but may be applied against rent and against late charges in the event of a default by Tenants in the payment of said rent or late charges to the Landlord. The Tenants will forfeit the security deposit held by Landlord as security for to the full Landlord in the event of any default or breach of this lease. Landlord reserves the right to seek additional damages if they exceed the above amounts. Tenant acknowledges that the premises were clean and faithful performance by Tenant in good repair to his/her satisfaction at beginning of all his/her occupancy. Exceptions must be recorded on the “Move-in Condition of the termsHouse” form. Tenants have fifteen (15) days from the date of moving in to complete it, covenants copy it and provisions mail it to Landlord, otherwise Tenants agree to the Landlord’s description of this Premises. Failure to notify Landlord in writing will be construed as evidence of Premises being fully acceptable. The house should be in Move-in Condition at the end of the Lease during the term hereofterm. In no event shall Landlord Any refund of security deposit will be obligated by one check. Refund to pay, or any Tenant is entitled a refund to receive, any interest or other earnings on the security depositall Tenants. Tenants agree to allow Landlord shall not be obligated to hold the co-mingle Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other fundspersonal funds in a no interest bearing account at the Xxxxx Fargo Bank in Gainesville, Florida. In The Landlord shall mail said security deposit within Fifteen (15) days to the event Tenant fails to keep and perform any forwarding address of Tenant, or mail said party written notice by certified mail of the termslandlord’s intention to impose a claim against the deposit as required by Statue 83.49(3), covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and Florida Statutes within thirty (30) days. If Landlord fails to give notice within the thirty (30) day period, she forfeits her right to impose a claim upon the Security Deposit. Unless the Tenants object, by certified mail, to the imposition of Landlord’s claim or the amount thereof within 15 days following Xxxxxx’s surrender after receipt of the Premises in accordance with Landlord’s claim for damages the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver then deduct the amount of her claim and shall remit the balance of the Security Deposit to the purchaser, and upon such delivery, Tenants within 30 days after the day of Tenants receipt of the notice of intention to impose a claim for damages. The Tenants will forfeit the security deposit held by Landlord shall be discharged from any further liability with respect to the Security DepositLandlord in the event of any default or breach of this lease.

Security Deposit. Upon execution Prior to the Commencement Date and prior to the start of this Leaseany construction or alterations, Tenant shall deposit with Landlord the Authority the Security Deposit described in the amount set forth in Article 1. The Security Deposit shall be held by Landlord Section 1.1 as security for the full and faithful performance by Tenant of all of the terms, covenants and provisions every provision of this Lease during the term hereofto be performed by Tenant. In no event shall Landlord be obligated If Tenant defaults with respect to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions provision of this Lease, then Landlordincluding but not limited to, at Landlord’s optionthe provisions relating to the payment of Rent or Additional Rent, the Authority may appropriate and use, apply or retain all or any part of the Security DepositDeposit for the payment of any Rent, Additional Rent or any other sum in default, or for the payment of any other amount which the Authority may spend or may become obligated to spend by reason of Tenant’s default or to compensate the Authority for any other loss, cost or damage which the Authority may suffer by reason of Tenant’s default. Such application shall not preclude the Authority from recovering greater damages if the same can be established. If any portion of the Security Deposit is so much thereof as may be necessary to pay any Rent used or other sums due hereunder for which applied, Tenant shall be shall, within thirty (30) days after written demand therefor, deposit cash with the Authority in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this the Security Deposit to the amount required under this Lease. The Authority shall not, unless otherwise required by law, have any obligation to be maintained in accordance with this Articlepay interest on the Security Deposit or keep the Security Deposit separate from its general funds. Upon Xxxxxx’s full If Tenant shall fully and complete performance and compliance with all of the terms, covenants and provisions faithfully perform every provision of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Leaseto be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or, at the Authority’s option, to the last transferee of Tenant’s interest hereunder) within a reasonable time after both the expiration or earlier termination of the Term and Tenant’s delivery of the Premises to the Authority in compliance with the requirements of Section 3.4, provided, however, that the Authority may retain the Security Deposit until such time as any amount due from Tenant under this Lease has been determined and paid in full. Tenant shall not assign nor encumber its contingent rights in the Security Deposit separate from this Lease, and neither shall the Authority nor its successors or assigns be bound by any such assignment or encumbrance. In the event of a sale of an adjustment in the BuildingBase Rent Rate during the Term, Landlord may deliver Tenant agrees that the Security Deposit required to the purchaserbe deposited by Tenant hereunder, and upon such delivery, Landlord shall be discharged from any further liability adjusted to reflect such change in the Base Rent Rate. Tenant shall promptly deposit with respect the Authority the amount of the adjustment to the Security DepositDeposit on or before the 1st day of the month following such adjustment in the Base Rent Rate.

Security Deposit. Upon the execution of this Lease, Tenant shall deposit with Landlord pay a Security Deposit in an amount equal to one (1) month of Monthly Rent (the “Security Deposit”). For clarification, the Security Deposit does not constitute pre-payment of any Rent (not first month’s rent, not last month’s rent, not any rent). Tenant remains obligated to pay Monthly Rent each month for the entire Lease term in addition to the amount set forth in Article 1Security Deposit. The Landlord shall hold the Security Deposit shall be held by Landlord as security for the full performance of Tenant’s obligations under this Lease. In addition, Tenant shall pay a rental application fee of $50 which is non-refundable to Tenant and faithful performance by Tenant does not apply towards Rent or any other payment obligation under this Lease. The application fee is deemed fully earned upon payment, and covers the costs of all Landlord and its property manager to review the Tenant’s credit-history, rental application, and other relevant information in electing whether to lease the Premises to Tenant. Acceptance of the termsrental application fee does not guarantee that the Premises will be leased to Tenant. If Tenant defaults in any of its payment obligations under this Lease, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall have the right, but not be obligated the obligation, to hold apply the Security Deposit to satisfy such payment obligations, in trust or which event, in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails order to keep and perform any this Lease in effect, Tenant shall promptly pay Landlord the amount necessary to replenish the full amount of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon Following the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms or earlier termination of this Lease, the Security Deposit shall be returned to Tenant. In the event remaining amount of a sale of the Building, Landlord may deliver the Security Deposit funds will be used to pay for costs to re-key the Premises, clean the Premises, and make any repairs necessary to the purchaserPremises. In connection with the expiration or termination of this Lease, Tenant shall cooperate with the “offboarding” process of Landlord and its property manager, which includes, without limitation, returning keys, inspection the Premises to determine Tenant’s cleaning and repair obligations, and upon such deliveryidentifying any and all items or fixtures to be removed by Tenant from the Premises. After completing the offboarding process and applying the Security Deposit as described above, Landlord shall if any portion thereof has not been used, it will be discharged from refunded to Tenant within sixty (60) days after the termination or expiration of the Lease; however, if any further liability with respect to amounts are still owed by Tenant after applying the Security Deposit, Tenant shall pay the remaining balance in full within ten (10) days, and interest shall accrue at the rate of eighteen percent (18%) per annum on all amounts not paid within said 10-day period until paid in full.

Security Deposit. Upon execution of this Lease, SECTION 29.1 Tenant shall deposit has deposited with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord sum of One Million and 00/100 Dollars ($1,000,000.00) as security for the full and faithful performance of every provision of this Lease to be performed by Tenant (all or any part of such amount, the "Security Deposit"). If an Event of Default shall have occurred with respect to any provision of this Lease, including but not limited to the provisions relating to the payment of Fixed Rent and Additional Rent, Landlord may use, apply or retain all or any part of this Security Deposit for the payment of any Fixed or Additional Rent or any other sum in default or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of such Event of Default, or to compensate Landlord for any other loss, cost or damage which Landlord may suffer by reason of such Event of Default. Landlord shall give Tenant notice contemporaneously with such use or application of any portion of the Security Deposit. Tenant shall, within five (5) days after the giving of such notice, deposit with Landlord cash in an amount sufficient to restore the Security Deposit to the amount then required pursuant to the terms of this Article 29 (Tenant's obligation to make such payment shall be deemed a requirement that Tenant pay an item of Additional Rent) and Tenant's failure to do so shall be a breach of this Lease. Landlord shall not, unless otherwise required by Legal Requirements, pay interest to Tenant on the Security Deposit, and if Landlord is required to maintain the Security Deposit in an interest bearing account, Landlord will retain the maximum amount permitted under Legal Requirements as a bookkeeping and administrative charge. Tenant shall not assign or encumber any part of the Security Deposit, and no assignment or encumbrance by Tenant of all of any part of the termsSecurity Deposit shall be binding upon Landlord, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to paywhether made prior to, during, or Tenant is entitled to receive, any interest or other earnings on after the security depositTerm. Landlord shall not be obligated required to hold exhaust its remedies against Tenant or against the Security Deposit before having recourse to any other form of security held by Landlord and recourse by Landlord to any Security Deposit shall not affect any remedies of Landlord which are provided in trust this Lease or which are available to Landlord in law or in equity. If Tenant shall fully and faithfully perform every covenant and provision of this Lease to be performed and observed by Tenant, the Security Deposit or any balance thereof shall be returned to Tenant reasonably promptly after the expiration or sooner termination (other than a separate account but may freely commingle termination pursuant to Article 16) of the security deposit with Landlord’s other fundsTerm and Tenant's surrender to Landlord of the Premises. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the BuildingBuilding is sold, Landlord may deliver shall transfer the Security Deposit to the purchaser, new owner and upon such delivery, Landlord shall thereupon be discharged released by Tenant from any further all liability with respect for the return of said Security Deposit; and Tenant agrees to look to the new owner solely for the return of the Security Deposit. A lease of the entire Building shall be deemed a transfer within the meaning of the foregoing sentence. Landlord shall use reasonable efforts to notify or cause Tenant to be notified in the event of any transfer of the Building.

Security Deposit. Upon Concurrently with the execution of this Leasehereof, Tenant shall deposit with pay to Landlord the agreed upon Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord as security for the full and faithful performance by of Tenant’s obligations under this Lease. If at any time during the Term, Tenant shall be in default in the payment of Rent or in default for any other reason, Landlord may use, apply or retain all or part of the termsSecurity Deposit for payment of any amount due to Landlord or to cure such default or to reimburse or compensate Landlord for any liability, covenants and provisions loss, cost, expense or damage (including attorneys’ fees) which Landlord may suffer or incur by reason of Tenant’s defaults. If Landlord uses or applies all or any part of the Security Deposit, Tenant shall, on demand, pay to Landlord a sum sufficient to restore the Security Deposit to the full amount required by this Lease. Upon expiration of the Term or earlier termination of this Lease during and after Tenant has vacated the term hereof. In no event shall Landlord be obligated to payLeased Premises, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold return the Security Deposit to Tenant, reduced by such amounts as may be required by Landlord to remedy defaults on the part of Tenant in trust or in a separate account but may freely commingle the security deposit with Landlord’s other fundspayment of Rent, to repair damages to the Leased Premises caused by Tenant and to clean the Leased Premises. In the event Tenant fails to keep and perform any The portion of the terms, covenants or provisions of this Lease, then Landlorddeposit not so required shall be paid over to Tenant (or, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained last assignee of Tenant’s interest in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and Lease) within thirty (30) days following Xxxxxx’s surrender after expiration of the Premises Term or earlier termination hereof. Landlord shall hold the Security Deposit for the foregoing purposes; provided, however, that Landlord shall have no obligation to segregate the Security Deposit from its general funds or to pay interest in accordance with the terms respect thereof. No part of this Lease, the Security Deposit shall be returned considered to Tenantbe held in trust, or to be prepayment of any monies to be paid by Tenant under this Lease. In Tenant hereby waives (i) the event protections of a sale Section 1950.7 of the BuildingCalifornia Civil Code, Landlord as it may deliver hereafter be amended and any and all other laws, rules and regulations applicable to security deposits in the commercial context (“Security Deposit Laws”), and (ii) any and all rights, duties and obligations either party may now or, in the future, will have relating to or arising from the Security Deposit Laws. Notwithstanding anything to the purchasercontrary herein, the Security Deposit may be retained and applied by Landlord (a) to offset Rent which is unpaid either before or after termination of this Lease, and upon such delivery(b) against other damages suffered by Landlord before or after termination of this Lease. If Landlord sells its interest in the Project (or any portion thereof) during the Term hereof and deposits with the purchaser thereof the then unappropriated funds deposited by Tenant as aforesaid, Landlord shall be discharged from any further liability with respect to the such Security Deposit.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be delivered to Landlord upon the execution of this Lease by Tenant and held by Landlord without liability for interest (unless required by Law) as security for the full performance of Tenant’s obligations under this Lease. The Security Deposit is not an advance payment of Rent or a measure of damages. If Tenant is in Default, Landlord may from time to time and faithful performance without prejudice to any other remedy provided in this Lease or by Tenant of Law, use all or a portion of the termsSecurity Deposit to the extent necessary to satisfy past due Rent or to satisfy any other loss or damage resulting from Tenant’s breach under this Lease. If Landlord uses any portion of the Security Deposit, covenants and provisions Tenant shall, within five (5) days after demand, restore the Security Deposit to its original amount. Landlord shall return any unapplied portion of this Lease during the term hereofSecurity Deposit to Tenant within thirty (30) days after the later to occur of: (a) determination of the final Rent due from Tenant; (b) the Termination Date; or (c) the date that Tenant surrenders the Premises to Landlord in compliance with Article 25. In Landlord shall assign the Security Deposit to a successor or transferee and, following such assignment, Landlord shall have no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on further liability for the security depositreturn of the Security Deposit. Landlord shall not be obligated required to hold keep the Security Deposit separate from its other accounts. Notwithstanding anything in trust or this Article 6 to the contrary, Tenant shall satisfy the requirement of delivery of the Security Deposit by the delivery to Landlord, no later than thirty (30) days following the Effective Date, of an unconditional and irrevocable letter of credit ("Letter of Credit") in the amount of the Security Deposit set forth in Section 1.10 above, and in a separate account but form acceptable to Landlord in its sole discretion. The Letter of Credit shall be issued by a bank satisfactory to Landlord and located in Boston, Massachusetts or Burlington, Massachusetts (the “Issuing Bank”). Landlord hereby approves Bank of America as the Issuing Bank of the initial Letter of Credit. Tenant shall ensure that at all times after the execution and delivery of this Lease until sixty (60) days after the Termination Date, as the same may freely commingle be extended, an unexpired Letter of Credit in the security deposit with amount of the Security Deposit set forth in Section 1.10 above shall be in the possession of Landlord’s other funds. In The Letter of Credit shall contain a so-called "evergreen" clause providing that the event Letter of Credit shall not be canceled or otherwise revoked unless the Issuing Bank delivers at least sixty (60) days' prior written notice to Landlord, whereupon Landlord shall be entitled to draw on the full amount of the Letter of Credit and hold the proceeds thereof as the Security Deposit hereunder until Tenant delivers a replacement Letter of Credit to Landlord satisfying the terms and conditions hereof as required hereinbelow. Tenant shall deliver to Landlord, no later than thirty (30) days prior to the expiry date of the then outstanding and expiring Letter of Credit, a replacement Letter of Credit satisfying the terms and conditions hereof. Landlord shall be entitled to draw on the Letter of Credit: (a) if Tenant fails to keep deliver any replacement Letter of Credit as required hereinabove, in which event Landlord shall be permitted to retain the entire proceeds of such Letter of Credit for application as the Security Deposit hereunder until such replacement Letter of Credit satisfying the terms and perform conditions hereof is delivered to Landlord; (b) to cure or attempt to cure, in whole or in part, any Default by Tenant under this Lease, in which event Tenant shall replenish the amount so drawn upon demand by Landlord; or (c) if the (i) credit rating of the termslong-term debt of the Issuing Bank (according to Mxxxx'x or similar national rating agency) is downgraded to a grade below investment rate, covenants (ii) Issuing Bank enters into any supervisory agreement with any Governmental Authority, or (iii) Issuing Bank fails to meet any capital requirements imposed by applicable Law unless, in the case of (i), (ii) or (iii), Tenant delivers to Landlord a replacement Letter of Credit complying with the terms of this Lease within ten (10) days after demand therefor from Landlord. Failure by the Issuing Bank to honor a draw request on the Letter of Credit shall be a Default under the terms of this Lease entitling Landlord to exercise its remedies hereunder. Each Letter of Credit shall be for the benefit of Landlord and its successors and assigns and shall entitle Landlord or its successors or assigns to draw from time to time under the Letter of Credit in portions or in whole upon presentation of a sight draft and statement by Landlord that Landlord is entitled to draw thereunder pursuant to the terms and provisions of this Lease, then . Landlord shall have an unrestricted right to transfer the Letter of Credit at any time and to any party selected by Landlord, at Landlord’s option, may appropriate . Tenant shall pay any transfer commission (fee) and apply all other costs (hereinafter collectively referred to as the Security Deposit, or so much thereof as "Transfer Fee") which may be necessary imposed by the Issuing Bank for the transfer of the Letter of Credit by Landlord. Tenant's failure to pay the Transfer Fee as and when due shall constitute a Default under this Lease and Landlord shall have the right to pursue any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit and all remedies provided to Landlord an amount sufficient to restore under this Security Deposit to Lease, in equity and at law. Notwithstanding the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants foregoing terms and provisions of this Lease Article 6: (A) so long as (v) no Default by Tenant has occurred or then exists under this Lease, (w) during the lease termtwelve (12) month period immediately preceding the effective date of any such reduction Tenant has timely paid all Rent due under this Lease (within any applicable cure or grace period), upon the expiration (x) Tenant is then in occupancy of at least fifty percent (50%) of the Rentable Square Footage of the Premises and no more than fifty percent (50%) of the Rentable Square Footage of the Premises is then sublet (other than to an Affiliate, as that term is defined in Section 11.04 below) in each case as of the effective date of any such reduction, (y) the fourth (4th) anniversary of the Commencement Date has occurred, and (z) Tenant’s then current financial statements delivered to Landlord in accordance with Section 26.06 below evidence that Tenant has EBITDA (i.e., earnings before interest, tax, depreciation and amortization) of at least $20,000,000.00 as determined in accordance with generally accepted accounting principles consistently applied (“GAAP”), then Tenant shall have the right to reduce the amount of the Security Deposit to $2,000,000.00 pending any further reduction of the Security Deposit as set forth hereinbelow; and (B) so long as (1) no Default by Tenant has occurred or then exists under this Lease, (2) during the twelve (12) month period immediately preceding the effective date of any such reduction Tenant has timely paid all Rent due under this Lease (within any applicable cure or grace period), (3) Tenant is then in occupancy of at least fifty percent (50%) of the Rentable Square Footage of the Premises and no more than fifty percent (50%) of the Rentable Square Footage of the Premises is then sublet (other than to an Affiliate, as that term is defined in Section 11.04 below) in each case as of the effective date of any such reduction, (4) the fourth (4th) anniversary of the Commencement Date has occurred, and (5) Tenant’s then current financial statements delivered to Landlord in accordance with Section 26.06 below evidence that Tenant has EBITDA (i.e., earnings before interest, tax, depreciation and amortization) of at least $30,000,000.00 as determined in accordance with GAAP, then Tenant shall have the right to reduce the amount of the Security Deposit to $750,000.00 pending any further reduction of the Security Deposit as set forth hereinbelow. If the Security Deposit is being held in the form of cash and not in the form of a Letter of Credit, then so long as the foregoing conditions applicable to the respective reduction in clause (A) or clause (B) (as applicable depending on the respective reduction) hereinabove are satisfied, within thirty (30) days following XxxxxxTenant’s surrender written notice to Landlord that it is entitled to any of the Premises in accordance with the terms applicable and foregoing reductions of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Buildingas provided hereinabove, Landlord may deliver shall return the applicable portion of the Security Deposit to Tenant so that the purchaserremaining portion of the Security Deposit held by Landlord hereunder equals the applicable reduced Security Deposit amount. If the Security Deposit is in the form of a Letter of Credit, and upon such delivery, Landlord then Tenant shall be discharged from any further liability with respect to cause either a replacement Letter of Credit in the applicable reduced amount of the Security Deposit or an amendment of the then existing Letter of Credit reflecting the applicable reduced amount of the Security Deposit, and in each case otherwise satisfying all of the above conditions of this Article 6, to be delivered to Landlord whereupon Landlord shall, promptly following its receipt of such replacement Letter of Credit, return the original Letter of Credit then being held by Landlord to Tenant. Notwithstanding anything to the contrary set forth herein, in no event shall the Security Deposit or Letter of Credit be in an amount less than $750,000.00.

Security Deposit. Upon Tenant’s execution of this Lease, Tenant shall deposit with Landlord, cash in the amount of the Security Deposit set forth in the Principal Lease Provisions, to secure the performance by Tenant of its obligations under this Lease, including without limitation Tenant’s obligations (i) to pay Basic Monthly Rent and Additional Rent (as defined below), (ii) to repair damages to the Premises and/or the Project caused by Tenant or Tenant’s agents, employees, contractors, licensees, and invitees (collectively, “Tenant’s Invitees”), (iii) to surrender the Premises in the condition required by Paragraph 24, below, and (iv) to remedy any other Event of Default by Tenant in the performance of any of its obligations under this Lease. If Tenant commits an Event of Default under this Lease, Landlord may, at its election, use the Security Deposit to cure such Event of Default, and to compensate Landlord for all damage suffered by Landlord which are directly attributable to such Event of Default, including, without limitation, reasonable attorneys’ fees and costs incurred by Landlord. Upon demand by Landlord, Tenant shall promptly pay to Landlord a sum equal to any portion of the Security Deposit so used by Landlord, in order to maintain the Security Deposit in the amount set forth in Article 1the Principal Lease Provisions. The Security Deposit Following the Expiration Date, and within the earlier of 30 days or the time frame otherwise required by applicable law, Landlord shall be held by Landlord as security for the full and faithful performance by Tenant of all of the termsdeliver to Tenant, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receiveat Tenant’s last known address, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold portion of the Security Deposit not used by Landlord, as provided in trust or in a separate account but this Paragraph. Landlord may freely commingle the security deposit Security Deposit with Landlord’s other funds. In the event Tenant fails to keep funds and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to Landlord will not pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this interest on such Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security Deposit.

Security Deposit. Upon Simultaneously with the execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1as a security deposit. The Security Deposit (which shall not bear interest to Tenant unless required to do so by any provision of law) shall be held by Landlord considered as security for the full payment and faithful performance by Tenant of all of Tenant’s obligations, covenants, conditions and agreements under the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty Term hereof (30) days following Xxxxxx’s surrender of the Premises or any renewal or extension thereof in accordance with the Lease), Landlord shall (provided that Tenant is not in default under the terms of this Lease, hereof) return and pay back the Security Deposit shall be returned to Tenant, less such portion thereof as Landlord shall have appropriated to make good any default by Tenant with respect to any of Tenant’s aforesaid obligations, covenants, conditions or agreements and so notify Tenant promptly upon such appropriation. In the event of a any Event of Default by Tenant hereunder during the term of this Lease, Landlord shall have the right, but shall not be obligated, to apply all or any portion of that Security Deposit to cure such default, in which event Tenant shall be obligated promptly to deposit with Landlord the amount necessary to restore the Security Deposit to its original amount. In the event of sale or transfer of Landlord’s interest in the Building, Landlord may deliver shall have the right to transfer the Security Deposit to such purchaser or transferee, in which event Tenant shall look only to the purchasernew landlord for the return of the Security Deposit and Landlord shall thereupon be released from all liability to Tenant for the return of the Security Deposit. At Tenant’s option, Tenant may deliver to Landlord a Letter of Credit in the amount of the Security Deposit provided the form and upon issuer of the Letter of Credit are reasonably satisfactory to Landlord. Upon delivery of such deliverysatisfactory Letter of Credit, Landlord shall be discharged from refund any further liability with respect to the cash Security DepositDeposit then held by Landlord.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth of $360,000.00 specified in Article 1. The Security Deposit shall be held by Landlord as security Item 11 of the Basic Lease Provisions for the full and faithful performance by Tenant of all of the terms, covenants and provisions conditions of this Lease during Lease, it being expressly understood and agreed that such deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the term hereofprovisions relating to the payment of rent or the obligation to repair and maintain the Premises or to perform any other term, covenant or condition contained herein, Landlord may (but shall not be required to), without prejudice to any other remedy provided herein or provided by law and without notice to Tenant, use the Security Deposit, or any portion of it, to cure the default or to compensate Landlord for all damages sustained by Landlord resulting from Tenant’s default. Tenant shall immediately on demand restore and replenish the portion of the Security Deposit expended or applied by Landlord as provided in this Section so as to maintain the Security Deposit in the sum initially deposited with Landlord. Although the Security Deposit shall be deemed the property of Landlord, if Tenant is not in default at the expiration or termination of this Lease, Landlord shall return the Security Deposit to Tenant within sixty (60) days thereafter. In no the event Landlord withholds any funds from the Security Deposit, Landlord shall Landlord be obligated to paywithin said sixty (60) day period provide Tenant with written notice thereof, or Tenant is entitled to receiveidentifying the specific reasons for the withholding of any portion of the Security Deposit, any interest or other earnings on together with the security depositspecific dollar amounts related thereto. Landlord shall not be obligated required to hold keep the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep from its general funds and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall not be in default of payment. Tenant, upon notice from Landlord, immediately shall remit entitled to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Articleinterest on any such deposit. Upon Xxxxxx’s full and complete performance and compliance with all any sale or transfer of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises its interest in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver transfer the Security Deposit to the purchaserits successor-in-interest, and upon such deliverythereupon, Landlord shall be discharged released from any further liability or obligation with respect thereto. It is expressly understood that the Security Deposit may only be applied to address Tenant’s defaults hereunder, and may not be applied for any deferred maintenance or other matters with respect to the Security Depositcondition of the Premises which are not the result of a Tenant default during the term of this Lease.

Security Deposit. Upon Contemporaneously with the execution of this Lease, Tenant shall deposit with pay to Landlord the Security Deposit (as defined in the amount set forth in Article 1. The Security Deposit Basic Lease Information), which shall be held by Landlord to secure Tenant’s performance of its obligations under this Lease. The Security Deposit is not an advance payment of Rent or a measure or limit of Landlord’s damages upon an Event of Default (as security for the full defined in Section 17). Landlord may at Landlord’s discretion, from time to time following an Event of Default and faithful performance by Tenant of without prejudice to any other remedy, use all or a part of the termsSecurity Deposit to perform any obligation Tenant fails to perform hereunder or in connection with Landlord’s remedies under this Lease. Following any such application of the Security Deposit, covenants Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit to its original amount. Subject to the requirements of, and provisions conditions imposed by, Laws applicable to security deposits under commercial leases, Landlord shall, within the time required by applicable Law (but in any event within thirty (30) days following the expiration or earlier termination of this Lease), return to Tenant the portion of the Security Deposit remaining after deducting all damages, charges and other amounts permitted by Law. Landlord and Tenant agree that such deductions shall include, without limitation, all damages and losses that Landlord has suffered or that Landlord reasonably estimates that it will suffer as a result of any breach of this Lease during the term hereofby Tenant. In no event shall Landlord be obligated to payUnless required otherwise by applicable Law, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit may be commingled with other funds, and no interest shall be paid thereon. If Landlord transfers its interest in trust or the Premises, Landlord shall assign the Security Deposit to the transferee and, upon such transfer (and the delivery to Tenant of an acknowledgement of the transferee’s responsibility for the Security Deposit), Landlord thereafter shall have no further liability for the return of the Security Deposit. In lieu of a cash Security Deposit, Tenant may deliver to Landlord within ten (10) days after the date of execution of the Lease an irrevocable, unconditional letter of credit in the amount of $91,960.55 (the “Letter of Credit”). The Letter of Credit shall be addressed to Landlord, issued in a separate account but may freely commingle the security deposit with form and substance similar to that attached hereto as Exhibit M and by a national financial institution approved by Landlord, in Landlord’s other fundsreasonable discretion, shall be freely transferable without fee payable by the beneficiary thereof, shall permit partial draws, shall have a one-year term with automatic one-year renewals and an expiration date falling no sooner than thirty (30) days after OFFICE LEASE AGREEMENT CentrePort/Radiant Systems, Inc. 3 the expiration of the Lease Term. In the event Tenant fails to keep renew the Letter of Credit as required hereunder, Landlord shall have the right to draw down the entire amount of such Letter of Credit and perform hold such amount as the Security Deposit hereunder. Tenant agrees that upon any occurrence of any other Event of Default by Tenant under the terms, covenants or terms and provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply Landlord shall have the Security Deposit, or so much thereof right to receive payment under any Letter of Credit of such portion of the Letter of Credit as may be Landlord reasonably estimates is necessary to pay any Rent or other sums due hereunder for which Tenant effectuate a cure of the subject Event of Default. Any such amounts received by Landlord shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to held by Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained and applied in accordance with this ArticleLease in the same manner as a Security Deposit. Upon Xxxxxx’s full and complete performance and compliance with Landlord shall at all of the terms, covenants and provisions of this Lease times during the lease termTerm, upon hold a letter of credit in the amounts described above. Notwithstanding the foregoing, subject to the Conditions (defined below), if Tenant waives its Termination Option set forth in Exhibit K, then at the expiration of the term and within thirty ninetieth (3090th) days following Xxxxxx’s surrender month of the Premises in accordance with Lease Term (the terms “Release Date”) Landlord shall return one-half of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to Tenant (or Tenant may reduce the purchaseramount of the Letter of Credit to $46,000.00, and upon such delivery, Landlord shall be discharged from any further liability with respect to if the Security DepositDeposit is held in the form of a Letter of Credit). Such return or reduction is conditioned upon the following: (i) not more than one (1) written notice of Tenant’s failure to pay any monetary amounts under the Lease when due shall have been sent by Landlord in any twenty-four (24) month period of the Lease Term; and (ii) on the Release Date Tenant shall not be in default under the Lease (collectively, the “Conditions”).

Security Deposit. Upon execution of this Lease, Tenant shall You agree to deposit with Landlord the Security Deposit in with Landlord on the date hereof. Upon the occurrence of any Event of Default by you, Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrears of Rent or other payments due Landlord hereunder, and any other damage, injury, expense or liability caused by your default, and you shall pay to Landlord on demand the amount set forth so applied in Article 1order to restore the Security Deposit to its original amount. The Although the Security Deposit shall be held by Landlord as security for deemed the full and faithful performance by Tenant property of all of the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receiveLandlord, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any remaining balance of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In you by Landlord at such time after termination of this Lease when Landlord shall have determined that all your obligations under this Lease have been fulfilled but no later than the event of a sale sixtieth day immediately following the expiration or earlier termination of the Buildingterm. At the time the Security Deposit is due, you shall have the right to instead tender to Landlord a Letter of Credit in amount equal to the Security Deposit and in such event, references in this Lease to the Security Deposit shall mean the Letter of Credit and following a draw by Landlord you shall pay to the issuer on demand by Landlord any amounts necessary to restore the Letter of Credit to its original amount. Subject to you giving Landlord at least sixty (60) days advance written notice and provided that no uncured Event of Default then exists and if you had previously paid to Landlord the Security Deposit, you shall have the right to substitute a Letter of Credit in amount equal to the Security Deposit and upon Landlord's acceptance of the Letter of Credit, Landlord may deliver will thereafter promptly refund the Security Deposit to the purchaseryou. In such event, and upon such delivery, Landlord shall be discharged from any further liability with respect references in this Lease to the Security DepositDeposit shall mean the Letter of Credit and following a draw you shall pay to the issuer on demand by Landlord any amounts necessary to restore the Letter of Credit to its original amount.

Security Deposit. Upon Together with execution of this Lease, Tenant shall deposit with Landlord the Security Deposit amount specified in the amount set forth in Article 1Basic Lease Information as a security deposit (“Security Deposit”). The Security Deposit shall be secure Tenant’s obligations under this Lease, including Xxxxxx’s obligation to pay Rent and other monetary amounts. If Tenant defaults under this Lease (even if an Event of Default, as defined in Article 13, has not occurred), Landlord may, but without any obligation to do so, apply any portion of the Security Deposit towards fulfilling Tenant’s unperformed obligations. If Landlord uses, retains or applies all or a portion of the Security Deposit to cure an Event of Default or to compensate Landlord for damages resulting from an Event of Default, then Landlord shall provide a written demand to Tenant about such use, retention, or application. Tenant shall immediately deposit with Landlord cash in an amount equal to that used, retained or applied by Landlord so that the total amount of Security Deposit held by Landlord as security for equals that the full and faithful performance by Tenant amount shown in the Basic Lease Information. Tenant’s failure to do so within five (5) days after receipt of all such demand shall constitute an incurable Event of the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security depositDefault. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely without liability for interest on the same. Landlord is entitled to commingle the security deposit Security Deposit with Landlord’s other its own funds. In the event Tenant fails to keep and perform any of the terms, covenants Upon expiration or provisions termination of this Lease, then Landlord, at Landlord’s option, may appropriate and apply Landlord shall return the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and Tenant within thirty (30) days following Xxxxxxdays, less any amounts needed to compensate Landlord for Tenant’s surrender of the Premises in accordance failure to comply with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the BuildingIf Landlord sells or otherwise transfers Landlord’s right or interest under this Lease, Landlord may shall deliver the Security Deposit to the purchasertransferee, and upon such delivery, whereupon Landlord shall be discharged released from any further liability to Tenant with respect to the Security Deposit.

Security Deposit. Upon Tenant shall deposit with Landlord upon Tenant's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Tenant's faithful performance of Tenant's obligations under this Lease. If Tenant fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults (as defined in Paragraph 13.1) under this Lease, Landlord may, but shall not be obligated to, use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Landlord or to reimburse or compensate Landlord for any liability, cost, expense, loss or damage (including attorneys' fees) which Landlord may suffer or incur by reason thereof without prejudice to any other remedy provided herein or by law. Tenant acknowledges that the Security Deposit is not an advance payment of rent or a measure of Landlord's damages in case of default by Tenant. If Landlord uses or applies all or any portion of said Security Deposit, Tenant shall within three (3) days after written request therefor, deposit monies with Landlord sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Tenant shall upon written request from Landlord, deposit additional monies with Landlord as an addition to the Security Deposit in so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Article 1. The Security Deposit shall be held by Landlord as security for the full and faithful performance by Tenant of all of the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security depositParagraph 1.5. Landlord shall not be obligated required to hold keep all or any part of the Security Deposit in trust separate from its general accounts. Landlord shall, as required by law after the expiration or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any earlier termination of the termsterm hereof and after Tenant has vacated the Premises, covenants or provisions of this Lease, then Landlordreturn to Tenant (or, at Landlord’s 's option, may appropriate and apply to the last assignee, if any, of Tenant's interest herein), that portion of the Security Deposit, Deposit not used or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be applied by Landlord. Unless otherwise expressly agreed in default of payment. Tenant, upon notice from writing by Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all no part of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned considered to Tenant. In the event of a sale of the Buildingbe held in trust, Landlord may deliver the Security Deposit to the purchaserbear interest or other increment for its use, and upon such delivery, Landlord shall or to be discharged from prepayment for any further liability with respect monies to the Security Depositbe paid by Tenant under this Lease.

Security Deposit. Upon execution During the Lease Term, and any extensions thereof, and for sixty (60) days after the expiration of the Lease Term, or for so long thereafter as Tenant is in possession of the Premises (or any portion thereof) or has unsatisfied obligations under this LeaseLease to Landlord, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord without liability for interest and as security for the full and faithful timely performance by Tenant of all of the terms, Tenant’s covenants and provisions obligations under this Lease, it being expressly understood that the Security Deposit shall not be considered an advance payment of this Lease during the term hereof. In no event shall Landlord be obligated Rent or a measure of Tenant’s liability for damages in case of any failure by Tenant to pay, perform any of Tenant’s covenants or Tenant is entitled to receive, any interest or other earnings on the security depositobligations hereunder. Landlord shall not be obligated required to hold keep the Security Deposit in separate from its other accounts, shall have no fiduciary responsibilities or trust or in a separate account but may freely commingle obligations whatsoever with regard to the security deposit with Landlord’s other fundsSecurity Deposit. In the event Tenant fails shall have no right to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate require Landlord to so draw and apply the Security Deposit, or so much thereof as may nor shall Tenant be necessary entitled to pay any credit the same against Rent or other sums due hereunder for which Tenant shall be in default of paymentpayable hereunder. TenantLandlord may, upon notice from Landlordtime-to-time, immediately shall remit without prejudice to Landlord an amount sufficient to restore this any other remedy, use the Security Deposit to the amount required extent necessary to be maintained cure or attempt to cure, in accordance with this Articlewhole or in part, any failure by Tenant to perform any of Tenant’s covenants or obligations hereunder, without waiving any rights or remedies as a result such failure. Upon Xxxxxx’s full and complete performance and compliance with all Following any such application of the termsSecurity Deposit, covenants and provisions Tenant shall pay to Landlord within ten (10) business days after demand the amount so applied in order to restore the Security Deposit to its original amount. If Tenant does not have any unsatisfied obligations hereunder at the termination of this Lease (or thereafter if Tenant is in possession of the Premises (or any portion thereof)), the balance of the Security Deposit remaining after any such application shall be returned by Landlord to Tenant within sixty (60) days thereafter. If Landlord transfers its interest in the Premises during the lease termLease Term, upon Landlord shall assign the expiration Security Deposit to the transferee and thereafter shall have no further liability for the return of such Security Deposit. At Tenant’s option, Tenant may elect to replace the Security Deposit with a clean, irrevocable letter of credit in the amount of the term Security Deposit satisfactory in form and within content to Landlord and issued by an FDIC insured bank located in Boston reasonably satisfactory to Landlord in favor of the Landlord which Landlord may hold subject to the terms and conditions hereof as if same was the Security Deposit. If the Security Deposit is in the form of a letter of credit, during the entire Term hereof, including any extension thereof, Tenant shall cause said letter of credit to be renewed, satisfactory in form and content to Landlord, no later than thirty (30) days following Xxxxxx’s surrender prior to the date of expiration of same. Without limiting any other remedies of Landlord, in the Premises in accordance with event that Tenant fails to renew any letter of credit given hereunder at least thirty (30) days prior to the terms date of this Leaseexpiration thereof, then Landlord shall have the Security Deposit shall be returned right to Tenantdraw down the entire amount of said letter of credit and hold such sums as a cash deposit. In the event of a sale change of circumstance relating to the bank issuing the letter of credit, or Landlord otherwise reasonably believes the financial conditions of the Buildingissuing bank has been degraded, Landlord may deliver reserves the Security Deposit right to require Tenant to replace the purchaser, and upon such delivery, Landlord shall be discharged letter of credit from any further liability time to time with respect a substitute similar letter of credit issued by another bank satisfactory to the Security DepositLandlord.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be delivered to Landlord upon the execution of this Lease by Tenant and shall be held by Landlord (without liability for interest, except to the extent required by Law) as security for the performance of Tenant’s obligations under this Lease. The Security Deposit is not an advance payment of Rent or a measure of Tenant’s liability for damages. Landlord may, from time to time while an event of default remains uncured, without prejudice to any other remedy, use all or a portion of the Security Deposit to satisfy past due Rent, cure any uncured default by Tenant, or repay Landlord for damages and charges for which Tenant is legally liable under this Lease or resulting from Tenant’s breach of this Lease. If Landlord uses the Security Deposit, Tenant shall on demand restore the Security Deposit to its original amount and such use by Landlord of the Security Deposit shall not constitute a cure of the existing event of default until such time as the entire amount owing to Landlord is paid in full and faithful performance the Security Deposit is fully restored. Provided that Tenant has performed all of its obligations hereunder, Landlord shall return any unapplied portion of the Security Deposit to Tenant within 30 days after the later to occur of: (A) the date Tenant surrenders possession of the Premises to Landlord in accordance with this Lease; or (B) the Expiration Date. Tenant does hereby authorize Landlord to withhold from the Security Deposit all amounts allowed by Law and the amount reasonably anticipated by Landlord to be owed by Tenant as a result of all an underpayment of the termsOE Payment for the final year of the Term. To the fullest extent permitted by applicable Law, covenants and Tenant agrees that the provisions of this Lease during Article 6 shall supersede and replace all statutory rights of Tenant under applicable Law regarding the term hereofretention, application or return of security deposits. In If Landlord transfers its interest in the Premises, Landlord shall assign the Security Deposit to the transferee and, following the assignment and the delivery to Tenant of an acknowledgement of the transferee’s responsibility for the Security Deposit if required by Law, Landlord shall have no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on further liability for the security depositreturn of the Security Deposit. Landlord shall not be obligated required to hold keep the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s from its other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security Depositaccounts.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord as security for the full and faithful performance of Tenant’s obligations under this Lease. If Tenant fails to pay Rent, or otherwise an Event of Default occurs under this Lease, Landlord may use, apply or retain all or any portion of said Security Deposit for the payment of any amount already due Landlord, for Rents which will be due in the future, and/or to reimburse or compensate Landlord for any liability, expense, loss or damage which Landlord may suffer or incur by Tenant of reason thereof. If Landlord uses or applies all or any portion of the termsSecurity Deposit, covenants Tenant shall within 10 days after written request therefor deposit monies with Landlord sufficient to restore said Security Deposit to the full amount required by this Lease. Should the Permitted Use be amended to accommodate a material change in the business of Tenant or to accommodate a sublessee or assignee, Landlord shall have the right to increase the Security Deposit to the extent necessary, in Landlord’s reasonable judgment, to account for any increased wear and provisions tear that the Premises may suffer as a result thereof. Landlord may use, apply or retain all or any portion of the Security Deposit (i) first, for Tenant’s repair obligations, including without limitation, the obligation to restore the Premises to the condition required under this Lease, (ii) second, to the payment of any rent or other sum in default or for the payment of any other sum to which Tenant may become obligated by reason of Tenant’s default, and (iii) third, to compensate Landlord for any loss or damage which Landlord may suffer thereby. If a change in control of Tenant occurs during this Lease during and following such change the term hereof. In no event financial condition of Tenant is, in Landlord’s reasonable judgment, significantly reduced, Tenant shall deposit such additional monies with Landlord as shall be obligated sufficient to pay, or Tenant is entitled cause the Security Deposit to receive, any interest or other earnings be at a commercially reasonable level based on the security depositsuch change in financial condition. Landlord shall not be obligated required to hold keep the Security Deposit in trust separate from its general accounts. Within 60 days after the expiration or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions termination of this Lease, then Landlord, at Landlord’s option, may appropriate and apply Landlord shall return that portion of the Security Deposit, Deposit not used or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which applied by Landlord. Landlord shall upon written request provide Tenant shall be in default with an accounting showing how that portion of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this the Security Deposit to the amount required to be maintained in accordance with this Articlethat was not returned was applied. Upon Xxxxxx’s full and complete performance and compliance with all No part of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned considered to be held in trust, to bear interest or to be prepayment for any monies to be paid by Tenant under this Lease (including, without limitation, Base Rent). Tenant hereby waives California Civil Code Section 1950.7, and all other provisions of law, now or hereafter in force, which may provide that Landlord can 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 officer, employee or agent of Tenant. In Provided that Tenant has not breached any Lease terms and conditions beyond any applicable notice and cure periods and has delivered all rental payments to Landlord not later than the event fifth (5th) day of a sale each month, the Landlord shall credit: (i) $99,359.86 towards the Base Rent (and only the Base Rent) due for the twenty-fifth month of the BuildingLease term, Landlord may deliver which is January 2024 and; (ii) $105,410.88 towards Base Rent (and only the Base Rent) due for the forty-ninth (49th) month of the Lease term, which is January 2026. After such credit, the Security Deposit to the purchaser, and upon such delivery, be held by Landlord shall be discharged from $300,311.94. Notwithstanding the foregoing, upon any further liability with respect monetary Event of Default, Tenant shall be required to immediately replenish the Security Deposit., upon demand by Landlord, to the original amount, as indicated in Section 1.F.

Security Deposit. Upon Contemporaneously with the execution of this Lease, Tenant shall will deposit a security deposit (the "Security Deposit") with Landlord the Security Deposit landlord in the amount set forth shown in Article 1the Basic Lease Information as security for the performance of Tenants covenants and obligations. The Security Deposit shall will not bear interest and will not be held considered an advance payment of rental or a measure of Landlord's damages in case of a default by Landlord as security for Tenant. If Tenant defaults in the full and faithful performance by Tenant of all any of the terms, its covenants and provisions of obligations under this Lease during the term hereof. In no event shall Landlord be obligated lease, including but not limited to pay, or Tenant is entitled its obligations to receive, any interest or other earnings on the security depositpay all rent. Landlord shall not be obligated may, from time to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s time, without prejudice to any other fundsremedy. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaserextent necessary to any arrearages in rent or to any other past due sum owing by Tenant or to any damage. injury, expense or liability caused to Landlord by such default, whether such damages accrue before or after termination of this Lease. Following any such application of the Security Deposit, Tenant must pay Landlord on demand the amount so applied in order to restore the Security Deposit to its original amount. Any remaining balance of the Security Deposit will be returned to Tenant after the termination of this Lease and after delivery of possession of the Premises to Landlord, if Tenant is not then in whether actually received or not. upon such deliveryfirst default under this lease if Landlord assigns its' interest in the Premises during the Term, Landlord shall be discharged from may assign the Security Deposit to the assignee and thereafter Landlord will have no liability for the return of the Security Deposit, it being agreed that Tenant will look solely to the new Landlord for the return of the Security Deposit. Regardless of any further liability with respect assignment of this Lease by Tenant, Landlord may return the Security Deposit to the original Tenant unless Landlord receives evidence satisfactory to it of an assignment of the right to receive the Security Deposit.

Security Deposit. Upon When delivered to Landlord upon execution of this Lease, Tenant the Security Deposit shall remain on deposit with Landlord during the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord Term of this Lease and any extensions thereof as security for the payment of Rent and the full and faithful performance by Tenant of all of the terms, covenants and provisions conditions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other fundsLease. In the event Tenant fails to keep of any default, the Security Deposit shall be retained by Landlord and perform any may be applied toward damages arising from such default. Said deposit shall not be construed as liquidated damages. Upon yielding of the terms, covenants or Premises at the termination of this Lease and in compliance with the terms and provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in provided no default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Leasehas occurred, the Security Deposit shall be returned to the Tenant. In the event of a sale of the Building, Landlord may deliver No interest shall be payable on the Security Deposit Deposit. It is understood by Tenant that Landlord shall always have the right to apply the Security Deposit, or a portion thereof, to the purchasercuring of any Tenant default that may exist. Should Landlord convey its interest under this Lease, and upon such deliverythe Security Deposit, Landlord or the part or portion thereof not previously applied, shall be discharged turned over to Landlord’s grantees or assignees; and Tenant hereby releases Landlord from any further liability with respect to the Security Deposit and Tenant agrees to look solely to such grantee or assignee for the return of the Security Deposit and this provision shall also apply to subsequent grantees or assignees. Should the entire Security Deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of unpaid Gross Rent or other sums due and payable to Landlord by Tenant, then Tenant shall, upon written demand by Landlord, remit to Landlord a sufficient amount in cash to restore the Security Deposit to the original sum deposited, and Tenant’s failure to do so shall constitute a breach of this Lease for nonpayment of Rent.

Security Deposit. Upon execution (i) [SELECTED RESPONDENT] shall provide NYCEDC with a Security Deposit for the duration of the Agreement. NYCEDC and the Agreement Administrator (and, under specific conditions set forth in this LeaseAgreement, Tenant shall deposit with Landlord the City) may draw down on the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord as security for the full and faithful performance by Tenant of all any non-payment or late payment of the termsFee and, covenants and provisions to the extent provided for elsewhere in this Agreement, for other breaches of this Lease during the term hereofAgreement. In no event [SELECTED RESPONDENT] shall Landlord be obligated to pay, or Tenant is entitled to receive, replenish any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any drawn down of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and funds within thirty (30) days following Xxxxxx’s surrender of any drawn down detailed in the Agreement. Failure of replenish the Security Deposit within thirty (30) days of any drawn down detailed in the Agreement shall constitute an Event of Default. The Security Deposit may be, but shall not be required to be, placed by NYCEDC in an interest bearing account, in which case, the interest from the Security Deposit that may accrue thereon shall belong to [SELECTED RESPONDENT], except such portion thereof as shall be equal to one per cent (1%) per annum (or such higher percentage as NYCEDC may from time to time be lawfully entitled to retain), which percentage shall belong to and be the sole property of NYCEDC and which NYCEDC may withdraw from time to time and retain. That portion of the Premises interest belonging to [SELECTED RESPONDENT] shall be accumulated and shall be paid to [SELECTED RESPONDENT], at the discretion of NYCEDC, either from time to time or upon the expiration of this Agreement (unless otherwise applied in accordance with this Agreement or otherwise by law). The obligation to pay any taxes related to or affecting any interest earned on such Security Deposit (except as to that portion thereof which belongs to NYCEDC) shall be the terms sole responsibility of [SELECTED RESPONDENT] and [SELECTED RESPONDENT] hereby agrees to pay same and to forever indemnify and save harmless NYCEDC, Apple and the City, in respect thereof. [SELECTED RESPONDENT] shall prior to execution of this LeaseAgreement furnish NYCEDC or its agent with a tax identification number for use in respect of such deposit. Minimum Annual Guaranteed Fee, Annual Breakpoint and the Security Deposit Percentage Fee During the Extension Period. If [SELECTED RESPONDENT] shall be returned duly exercise the first option to Tenant. In extend the event Term of a sale this Agreement in accordance with Section 2.02 entitled “Renewal Term Option”, then the Minimum Annual Guaranteed Fee, Annual Breakpoint and the Percentage Fee shall mean the amounts set forth respectively in Column #1 Column #2, and Column #3A, 3B or 3C of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security Deposit“Renewal Term” portion (Sixth Agreement Year through Tenth Agreement Year) of Exhibit B that is attached as part of this Agreement.

Security Deposit. Upon execution of this Lease, Tenant shall deposit has deposited with Landlord the Security Deposit in the amount set forth in Article 1the Basic Lease Provisions. The Security Deposit shall be held by Landlord as security for the full performance and faithful performance observance by Tenant of all Tenant's obligations hereunder. If the Annual Basic Rent is increased during the Term, then, within fifteen (15) days of notification by Landlord of the increased Annual Basic Rent, without further notice, Tenant shall pay to Landlord an additional amount to be held as part of the Security Deposit so that the total Security Deposit held by Landlord is in the same proportion to the increased Annual Basic Rent as the original Security Deposit bore to the original Annual Basic Rent. No interest shall accrue with respect to the Security Deposit. If Tenant performs and observes all of the terms, covenants and provisions conditions of this Lease which are required to be performed and observed by it and pays all sums due Landlord, then Landlord shall return the Security Deposit, or balance thereof then held by Landlord, without interest, to Tenant within two weeks after Landlord recovers and accepts possession of the Premises. If Tenant defaults, Landlord may, at its option and without notice, apply all or any part of the Security Deposit in payment of rent or to cure any other default. If Landlord does so, then Tenant shall, upon notice of such application, deposit with the Landlord the amount so applied so that Landlord will have on hand at all times during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on Term the security depositfull amount of the Security Deposit. Landlord shall not be obligated required to hold the Security Deposit in trust or in as a separate account account, but may freely commingle the security deposit it with Landlord’s 's other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale or other disposition of the BuildingPremises, Landlord may deliver shall have the right to transfer the Security Deposit to the purchaser, new owner and upon such deliverydeliver to Tenant the notice required by Section 1950.7 of the Civil Code of California. Thereafter, Landlord shall be discharged released by Tenant from any further liability with respect all responsibility for the return of such Security Deposit, and Tenant shall look solely to the new owner for the return of such Security Deposit. If Tenant assigns this Lease, Tenant's rights in the Security Deposit shall be deemed to be assigned to the assignee, such Security Deposit shall be held by Landlord as a Security Deposit made by the assignee and Landlord shall have no further responsibility for the return of the Security Deposit to Tenant.

Security Deposit. Upon Tenant's execution of this Lease, Tenant shall deposit with will deliver to Landlord an Irrevocable Letter of Credit (the Security Deposit "Letter of Credit") in the amount set forth of the Security Deposit, in Article 1substantially the form attached hereto as Exhibit E and made a part hereof from a financial institution acceptable to Landlord. The Security Deposit Tenant shall cause the Letter of Credit to be held by Landlord maintained in full force and effect throughout the Lease Term and during the sixty (60) day period after the later of (a) the expiration of the Lease Term or (b) the date that Tenant delivers possession of the Leased Premises to Landlord, as security for the full and faithful performance by Tenant of all of the terms, covenants and provisions of Tenant’s obligations contained in this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other fundsLease. In the event that, during the Lease Term, Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit deliver to Landlord an amount sufficient to restore this Security Deposit a renewal or replacement to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all Letter of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty Credit by a date no later than forty-five (3045) days following Xxxxxx’s surrender prior to its expiration date, Landlord shall have the right to demand and receive payment in full under the letter of credit and to hold the Premises in accordance with the terms of this Lease, cash proceeds as the Security Deposit shall be returned to Tenantunder this Lease. In the event of a sale of the Buildingdefault by Tenant, Landlord may deliver apply all or any part of the Security Deposit to cure all or any part of such default; provided, however, that any such application by Landlord shall not be or be deemed to be an election of remedies by Landlord or considered or deemed to be liquidated damages. Tenant agrees promptly, upon demand, to deposit such additional sum with Landlord as may be required to maintain the purchaserfull amount of the Security Deposit. All sums held by Landlord pursuant to this Article 4 shall be without interest and may be commingled by Landlord. At the end of the Lease Term, and upon such deliveryprovided that there is then no uncured default or any repairs required to be made by Tenant pursuant to Section 2.03 above or Section 7.03 below, Landlord shall be discharged from any further liability with respect to return the Security DepositDeposit to Tenant.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord upon the Security Deposit execution of this Lease by Landlord and Tenant, at Tenant’s option, either an irrevocable standby letter of credit (the “Letter of Credit”) or cash in the amount set forth in Article 1the Basic Lease Information as the “Security Deposit” under this Lease. The Security Deposit shall be held by Landlord as security for the full and faithful performance by Tenant of all of the terms, covenants and provisions of its obligations under this Lease during the term hereofLease. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event If Tenant fails to keep and perform pay any Rent due hereunder, or otherwise commits an event of the terms, covenants or provisions default with respect to any provision of this Lease, Landlord may use, apply or retain all or any portion of the Security Deposit (or make a draw on the Letter of Credit, if applicable) for the payment of any such Rent or for the payment of any other amounts expended or incurred by Landlord by reason of Tenant’s default, or to compensate Landlord for any loss or damage which Landlord may incur thereby (and in this regard Tenant hereby waives the provisions of California Civil Code Section 1950.7 and any similar or successor statute providing that Landlord may 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 officer, employee, agent or invitee of Tenant). Exercise by Landlord of its rights hereunder shall not constitute a waiver of, or relieve Tenant from any liability for, any default. If any portion of the cash then Landlordheld as a Security Deposit is applied or if any portion of the Letter of Credit posted as the Security Deposit is drawn upon by Landlord for such purposes, Tenant shall within ten (10) business days after written demand therefor deposit cash or a replacement Letter of Credit with Landlord in the amount of the original cash Security Deposit or Letter of Credit, as applicable. Upon receipt of a replacement letter of credit hereunder, Landlord will return the original Letter of Credit to Tenant. Any remaining portion of the cash Security Deposit or the Letter of Credit (after any application of the Security Deposit or draw on the Letter of Credit by Landlord as permitted hereunder) shall be returned to Tenant (or, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with last assignee, if any, of Tenant’s interest under this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and Lease) within thirty (30) days following Xxxxxx’s surrender after the later of (i) the Premises in accordance with the terms date of expiration or earlier termination of this Lease, or (ii) vacation of the Security Deposit Premises by Tenant. Upon termination of the original Landlord’s (or any successor owner’s) interest in the Premises, the original Landlord (or such successor) shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged released from any further liability with respect to the Security DepositDeposit upon the original Landlord’s (or such successor’s) delivery of the cash Security Deposit or Letter of Credit to the successor landlord and compliance with California Civil Code Section 1950.7( d), or successor statute. If the Security Deposit is held in the form of a Letter of Credit, then the provisions of Sections 19.1, 19.2 and 19.3 below shall apply. Notwithstanding the foregoing, however, provided that no event of default by Tenant under this Lease has occurred on or prior to the expiration of the eighteenth (18th) full calendar month of the Term, then the Security Deposit (or Letter of Credit amount, as applicable) required hereunder shall reduce to $223,743.00 (the “Reduced Security Deposit Amount”), and Landlord shall promptly return to Tenant the balance of the Security Deposit which exceeds the Reduced Security Deposit Amount upon Tenant’s request therefor; provided, however, that in no event shall any such return be construed as an admission by Landlord that Tenant has performed all of its covenants and obligations hereunder. If the security under this Lease is in the form of a Letter of Credit, and if Tenant is entitled to any such reduction described above, then Landlord shall cooperate in a commercially reasonable manner with Tenant upon Tenant’s request to replace or amend the then existing Letter of Credit to reflect the reduced amount of the Letter of Credit.

Security Deposit. Upon 4.1 Concurrently with Tenant’s execution of this Lease, Tenant shall deposit with Landlord the Security Deposit a security deposit in the amount set forth in Article 1Section 1.7 above for the performance or all of Tenant’s obligations under this Lease. The Upon expiration of the Term, as long as Tenant is not in default under this Lease Landlord shall return the Security Deposit to Tenant, after deducting the amounts needed to make good any default by Tenant. Landlord shall be held by Landlord as security for have the full and faithful performance by Tenant of right, but not the obligation, to apply all or any portion of the termsSecurity Deposit to cure any Tenant default at any time, covenants and provisions of this Lease during the term hereof. In no event in which case Tenant shall Landlord be obligated to payrestore the Security Deposit to its original amount within ten (10) business days. Tenant 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 may claim from a security deposit SINGLE TENANT LEASE - NET -4- LANDLORD’S INITIALS: SK TENANT’S INITIALS: CA only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant is entitled or to receiveclean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any interest other loss or other earnings on damage, foreseeable or unforeseeable, caused by the security depositact or omission of Tenant or any officer, employee, agent or Invitee of Tenant. Landlord shall not be obligated required to hold keep all or any part of the Security Deposit separate from its general accounts. Unless otherwise expressly agreed in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then writing by Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default no part of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned considered to Tenantbe held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Tenant under this Lease. In the event of a sale of the Building, If Landlord may deliver keeps the Security Deposit to in an interest bearing account, all interest shall accrue for the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security Depositbenefit of Landlord.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord Landlord, upon delivery of an executed copy of this Lease to Landlord, a security deposit (the “Security Deposit Deposit”) for the performance of all of Tenant’s obligations hereunder in the amount set forth in Article 1the Basic Lease Provisions of this Lease, which Security Deposit shall be in the form of cash. Notwithstanding anything to the contrary contained in the preceding sentence, Landlord acknowledges that Landlord is holding a security deposit under the Prior Lease in the amount of $95,000 and that, at Tenant’s request, such amount shall be applied toward the amount of the Security Deposit required to be deposited by Tenant with Landlord under this Lease. The Security Deposit shall be held by Landlord in a separate account and Tenant shall be entitled to any interest earned on the Security Deposit. The Security Deposit shall be held by Landlord as security for the full performance of Tenant’s obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Upon each occurrence of a Default (as defined in Section 20), Landlord may use all or any part of the Security Deposit to pay delinquent payments due under this Lease, and faithful performance the cost of any damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Upon any such use of all or any portion of the Security Deposit, Tenant shall pay Landlord on demand the amount that will restore the Security Deposit to the amount set forth on Page 1 of this Lease. Tenant hereby waives the provisions of any law, now or hereafter in force, which provide that Landlord may 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 officer, employee, agent or invitee of Tenant. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings. Upon any such use of all or any portion of the termsSecurity Deposit, covenants and provisions Tenant shall, within 5 days after demand from Landlord, restore the Security Deposit to its original amount. If Tenant shall fully perform every provision of this Lease during to be performed by Tenant, the term hereof. In no event shall Landlord be obligated to paySecurity Deposit, or Tenant any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled to receive, any interest or other earnings on under the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease), then Landlordshall be returned to Tenant (or, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxxlast assignee of Tenant’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon interest hereunder) within 60 days after the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms or earlier termination of this Lease. If Landlord transfers its interest in the Project or this Lease, the Landlord shall either (a) transfer any Security Deposit shall be returned then held by Landlord to Tenanta person or entity assuming Landlord’s obligations under this Section 6, or (b) return to Tenant any Security Deposit then held by Landlord and remaining after the deductions permitted herein. In Upon such transfer to such transferee or the event return of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such deliveryTenant, Landlord shall be discharged from any have no further liability obligation with respect to the Security Deposit, and Tenant’s right to the return of the Security Deposit shall apply solely against Landlord’s transferee. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee, and no interest shall accrue thereon.

Security Deposit. Upon execution of this Lease, Tenant shall deposit with Landlord Authority the sum specified as the security deposit in the Basic Lease Information (the "Security Deposit"), in cash, to secure Tenant’s faithful performance of all terms, covenants and conditions of this Lease. Tenant agrees that Authority may (but shall not be required to) apply the Security Deposit in whole or in part to remedy any damage to the amount set forth in Article 1. The Security Deposit shall be held Premises caused by Landlord as security for the full and faithful performance by Tenant of all of the termsTenant, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to payits Agents or Invitees, or any then uncured event of default of Tenant is entitled related to receive, the performance of any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions conditions contained herein (including, but not limited to, the payment of this LeaseRent or other sum due hereunder when due), then Landlord, without waiving any of Authority's other rights and remedies hereunder or at Landlordlaw or in equity and without any obligation. Prior to Authority’s option, may appropriate and apply use of the Security Deposit, Authority shall give Tenant written notice of Authority’s intention to use the Security Deposit and the date and amount of such intended use, together with reasonable written documentation of the loss, damage or so much thereof as expense for which Authority seeks reimbursement from the Security Deposit. Tenant waives the provisions of Section 1950.7 of the California Civil Code or any similar law, statute or ordinance now or hereafter in effect and agrees that Landlord may be retain any portion of Security Deposit reasonably necessary to pay compensate Landlord for any Rent other foreseeable or other sums due hereunder for which Tenant shall be in default unforeseeable loss or damage caused by the acts or omissions of payment. Tenant, upon notice from Landlordits Agents or Invitees. Without limiting the foregoing, immediately shall remit to Xxxxxx understands and agrees that Landlord an amount sufficient to restore this may apply some or all of the Security Deposit to the amount required to be maintained in accordance with this Articlepayment of future Rent following a then uncured Tenant default. Upon Xxxxxx’s full and complete performance and compliance with all Should Authority use any portion of the termsSecurity Deposit to cure any uncured event of default by Tenant hereunder, covenants and provisions of this Lease during Xxxxxx shall immediately replenish the lease term, upon Security Deposit to the expiration of the term and original amount within thirty (30) days following Xxxxxxreceipt of written notice. Authority’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability obligations with respect to the Security Deposit are solely that of debtor and not trustee. Authority shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on the Security Deposit. The amount of the Security Deposit shall in no way limit the liabilities of Tenant under any provision of this Lease. Provided Tenant is not in default under the Lease, Authority will return any remaining portion of the Security Deposit within the applicable period required under California law following the expiration or earlier termination of this Lease.

Security Deposit. Upon Concurrently with Tenant’s execution of this Lease, Tenant shall deposit with Landlord the a security deposit (“Security Deposit Deposit”) in the amount set forth in Article 1Paragraph 1.10 above. The Security Deposit shall be held by Landlord as security for the full and faithful performance by Tenant of all of the termseach and every term, covenants and provisions covenant, or condition of this Lease during applicable to Tenant, and not as prepayment of Rent. If Tenant shall at any time fail to keep or perform any term, covenant or condition of this Lease applicable to Tenant, including without limitation, the term hereof. In no event shall 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, Landlord be obligated to paymay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord but shall not be obligated to hold to, and without waiving or releasing Tenant from any obligation under this Lease, use, apply or retain the 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 loss or damage which Landlord may suffer by reason of Tenant’s default, including without limitation loss of future rents due under this Lease upon termination of this Lease due to a Default by Tenant and other damages recoverable under California Civil Code Section 1951.2. Tenant hereby waives California Civil Code Section 1950.7, or any similar law now or hereafter in trust effect which may have the effect of limiting the circumstances under which Landlord would be allowed to use or in apply the Security Deposit or amount that could be so used or applied, or imposing a separate account but may freely commingle deadline for the security deposit with Landlord’s other fundsreturn of the Security Deposit. In the event Tenant fails to keep and perform Landlord uses or applies any portion of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenantshall, upon notice from within five (5) business days after written demand by Landlord, immediately shall remit to Landlord an amount sufficient funds to restore this any Security Deposit to the amount required its original sum. Failure by Tenant to so remit funds shall be maintained in accordance with this Articlea Default by Tenant. Upon Xxxxxx’s full and complete performance and compliance Should Tenant comply with all of the terms, covenants and provisions conditions of this Lease during applicable to Tenant, the lease term, upon the expiration balance of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease, the Security Deposit shall be returned to Tenant. In the event of a sale Tenant within thirty (30) days after Lease Termination and surrender of the Building, Landlord may deliver the Security Deposit to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security DepositPremises by Tenant.

Security Deposit. Upon execution of this Lease(i) On the Commencement Date, Tenant Charterer shall deposit with Landlord pay the Security Deposit in into the amount set forth in Article 1. The Security Deposit shall designated account of the Participant to be held by Landlord as further security for the full prompt payment and faithful performance of all existing and future obligations, liabilities and indebtedness of Charterer arising under this Charter or under any additional Charter Document. Upon an Event of Default, Owner may, without prejudice to any other available remedy, apply the Security Deposit towards either the cure of the Event of Default (if a cure can be effected by Tenant the payment of money) or as compensation for any loss or damage arising from the Event of Default for which a monetary loss or damage is ascertainable. If at any time Owner applies part or all of the termsSecurity Deposit as specified above, covenants and the Charterer shall pay to Owner the amount so applied, so that Owner shall have on hand the full original Security Deposit or such lesser amount as is required under this Charter at such time after giving effect to those provisions of this Lease during Charter that authorize or permit the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold amount of the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Articlereduced from time to time. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon At the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms Term of this LeaseCharter, if no Event of Default has occurred and is then continuing, Owner shall return the Security Deposit shall be returned to Tenant. In the event unapplied balance of a sale of the Building, Landlord may deliver the Security Deposit to the purchaserCharterer. The Charterer agrees that it shall have no right to apply any portion of the Security Deposit against any of its obligations to pay charter hire except as provided below in this Section 23(b). If Owner assigns its rights under this Charter and the Charter Documents, and upon such deliveryforwards the Security Deposit, Landlord to a transferee who assumes the obligations of Owner hereunder, Owner shall be discharged released from any further liability with respect to the Security Deposit, but any transferee shall be and remain subject to all the provisions hereof with respect to the Security Deposit. The Charterer shall not mortgage, assign or encumber its interest in the Security Deposit, and any attempt to do so shall be void.

Security Deposit. Upon Contemporaneously with Tenant’s execution of this Lease, Tenant shall deposit with pay to Landlord the Security Deposit (as defined in the amount set forth in Article 1. The Security Deposit Basic Lease Information), which shall be held by Landlord to secure Tenant’s performance of its obligations under this Lease. The Security Deposit is not an advance payment of Rent or a measure or limit of Landlord’s damages upon an Event of Default (as security for defined in Section 17). Notwithstanding anything to the full and faithful performance by Tenant of all contrary contained herein, upon the first day after the expiration of the termstwelfth (12th) Lease Month of the Term (the “Reduction Date”), covenants and provisions provided that Tenant is not then in default of this Lease during the term hereof. In no event shall and Landlord be obligated to pay, or Tenant is entitled to receive, has not applied any interest or other earnings on the security deposit. Landlord shall not be obligated to hold portion of the Security Deposit in trust or in a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any of the termsaccordance herewith, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant Deposit shall be reduced to $46,935.90, with any balance being held by Landlord in default excess of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an such amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all of the terms, covenants and provisions of this Lease during the lease term, upon the expiration of the term and returned Tenant within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms Reduction Date. Landlord may, at Landlord’s discretion, from time to time following an Event of this LeaseDefault and without prejudice to any other remedy, use all or a part of the Security Deposit shall be returned to Tenantperform any obligation Tenant fails to perform hereunder or in connection with Landlord’s remedies under this Lease. In the event of a sale Following any such application of the BuildingSecurity Deposit, Tenant shall pay to Landlord may deliver on demand the amount so applied in order to restore the Security Deposit to the purchaseramount then required to be held by Landlord pursuant hereto. Subject to the requirements of, and conditions imposed by, Laws applicable to security deposits under commercial leases, Landlord shall, within the time required by applicable Law, return to Tenant the portion of the Security Deposit remaining after deducting all damages, charges and other amounts permitted by Law. Landlord and Tenant agree that such deductions shall include, without limitation, all damages and losses that Landlord has suffered or that Landlord reasonably estimates that it will suffer as a result of any breach of this Lease by Tenant. Tenant hereby waives the protections of Section 1950.7(c) of the California Civil Code, as it may hereafter be amended, or similar laws of like import. Unless required otherwise by applicable Law, the Security Deposit may be commingled with other funds, and no interest shall be paid thereon. If Landlord transfers its interest in the Premises, Landlord may assign the Security Deposit to the transferee and, upon such deliverytransfer (and the delivery to Tenant of an acknowledgement of the transferee’s responsibility for the Security Deposit if required by Law), Landlord thereafter shall be discharged from any have no further liability with respect to for the return of the Security Deposit.. OFFICE LEASE AGREEMENT Xxxxxxxx Xxxx Xxxxx, Xxxxxxxx Xxxx, Xxxxxxxxxx Arcutis, Inc. 6

Security Deposit. Upon execution of this Lease, Tenant shall deposit the Security Deposit with a financial institution in an account of Landlord to be designated by Landlord upon signing this Lease (the “Security Account”). Landlord shall be required to segregate the Security Deposit from the other funds of Landlord and maintain the Security Deposit in the amount set forth account together with all interest accrued thereon until the Security Deposit is applied or returned in Article 1accordance with the terms hereof. The Security Deposit Account shall be held by Landlord as security an interest bearing account offering the highest yield generally available for deposits similar in amount to the full and faithful performance by Tenant of all of the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security depositSecurity Deposit. Landlord shall instruct the financial institution maintaining the Security Account to deliver a copy of the account statements regarding the Security Account to Tenant. Any balance shown in the Account, whether or not be obligated to hold resulting from the deposit of the Security Deposit in trust or in the reinvestment interest accrued thereunder, shall become a separate account but may freely commingle the security deposit with Landlord’s other funds. In the event Tenant fails to keep and perform any part of the terms, covenants or provisions of this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or so much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to and may not be maintained in accordance with this Article. Upon Xxxxxx’s full and complete performance and compliance with all disposed of the terms, covenants and provisions by Landlord except if disposed of this Lease during the lease term, upon the expiration of the term and within thirty (30) days following Xxxxxx’s surrender of the Premises in accordance with the terms of this Lease. All interest or any other return resulting from the deposit of the Security Deposit in the Security Account minus any applicable expenses resulting from the account fees payable for the maintenance of the Security Account and income tax derived from interest payments thereunder, if any, shall be reinvested in the Security Account (and hence bear interest) any such amount to be considered as a part of the Security Deposit subject to the terms and conditions set forth in the Lease). If Tenant does not fulfill any of its obligations under the Lease, Landlord may apply the Security Deposit on account of such obligation or to reimburse Landlord for any sum which Landlord may expand due to Tenants default. If Landlord applies any part of the Security Deposit, Tenant, immediately after written notice from Landlord, shall deposit with Landlord the amount so applied so that Landlord shall have the full Security Deposit available at all times during the Term. If Tenant complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof, including anciliary amounts thereto) shall be returned to Tenant. In , together with interest accrued thereon, not later than thirty (30) days after the event Expiration Date and delivery of a sale possession of the Building, Landlord may deliver the Security Deposit entire Premises to the purchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security DepositLandlord.