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9. POSSESSION: <br />Except as hereinafter provided Landlord shall deliver possession of the Property to Tenant in the <br />condition required by this Lease on or before the Commencement Date, but delivery of <br />possession prior to or later than such Commencement Date shall not affect the expiration date of <br />this Lease. The rentals herein reserved shall commence on the date that is thirty days after <br />possession of the Property is delivered by Landlord to Tenant. Any occupancy by Tenant prior <br />to the beginning of the term shall in all respects be the same as that of Tenant under this Lease. <br />Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or <br />equipment installed or left on the Property. If for any reason, Landlord cannot deliver <br />possession of the Property to Tenant by the Commencement Date, in no event shall landlord be <br />subject to any liability for a delay in delivery and such failure shall not affect the validity of this <br />Lease or the obligations of Tenant under, and Tenant's remedies for such delay shall be limited <br />to termination of this Lease in the event that Landlord fails to deliver the Property to Tenant <br />within 30 days of the Commencement Date. <br />10. SECURITY AND DAMAGE DEPOSIT: <br />Tenant contemporaneously with the execution of this Lease, has deposited with Landlord the <br />sum of One Thousand and 00/100 Dollars ($1,000.00), receipt of which is acknowledged by <br />Landlord, which deposit is to be held by Landlord, as a security and damage deposit for the <br />faithful performance by Tenant during the term hereof or any extension hereof. Prior to the time <br />when Tenant shall be entitled to the return of this security deposit, Landlord may commingle <br />such deposit with Landlord's own funds and to use such security deposit for such purpose as <br />Landlord may determine. In the event of the failure of Tenant to keep and perform any of the <br />terms, covenants and conditions of this Lease to be kept and performed by Tenant during the <br />term hereof or any extension hereof, then Landlord, either with or without terminating this Lease <br />may (but shall not be required to) apply such portion of said deposit as may be necessary to <br />compensate or repay Landlord for all losses or damages sustained or to be sustained by Landlord <br />due to such breach on the part of Tenant, including, but not limited to overdue and unpaid rent, <br />any other sum payable by Tenant to Landlord pursuant to the provisions of this Lease, damages <br />or deficiencies in the reletting of the Property, and reasonable attorney's fees incurred by <br />Landlord. Should the entire deposit or any portion thereof, be appropriated and applied by <br />Landlord, in accordance with the provisions of this paragraph, Tenant, upon written demand by <br />landlord, shall remit forthwith to Landlord a sufficient amount of cash to restore said security <br />deposit to the original sum deposited, and Tenant's failure to do so within thirty (30) days after <br />receipt of such demand shall constitute a breach of this Lease. Said security deposit together <br />with any interest thereon as required by law, shall be returned to Tenant, less any depletion <br />thereof as the result of the provisions of this paragraph, at the term of this Lease or any renewal <br />thereof, or upon the earlier termination of this Lease. Tenant shall have no right to anticipate <br />return of said deposit by withholding any amount required to be paid pursuant to the provision of <br />this Lease or otherwise. <br />In the event Landlord shall sell the Property, or shall otherwise convey or dispose of its interest <br />in this Lease, Landlord may assign the security deposit or any balance thereof to Landlord's <br />assignee, whereupon Landlord shall be released from all liability for the return or repayment of <br />6 <br />