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and 00/100 Dollars ($2,500.00), receipt of which is hereby acknowledged by <br />Landlord, which deposit is to be held by Landlord, as a security and damage deposit <br />for the faithful performance by Tenant during the term hereof or any extension <br />hereof. Prior to the time when Tenant shall be entitled to the return of this security <br />deposit, Landlord may commingle such deposit with Landlord’s own funds and to <br />use such security deposit for such purpose as Landlord may determine. In the event <br />of the failure of Tenant to keep and perform any of the terms, covenants and <br />conditions of this Lease to be kept and performed by Tenant during the term hereof <br />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 <br />necessary to compensate or repay Landlord for all losses or damages sustained or to <br />be sustained by Landlord due to such breach on the part of Tenant, including, but <br />not limited to overdue and unpaid rent, any other sum payable by Tenant to Landlord <br />pursuant to the provisions of this Lease, damages or deficiencies in the reletting of <br />the Leased Property, and reasonable attorney’s fees incurred by Landlord. Should <br />the entire deposit or any portion thereof, be appropriated and applied by Landlord, <br />in accordance with the provisions of this paragraph, Tenant upon written demand <br />by landlord, shall remit forthwith to Landlord a sufficient amount of cash to restore <br />said security deposit to the original sum deposited, and tenant’s failure to do so <br />within five (5) days after receipt of such demand shall constitute a breach of this <br />Lease. Said security deposit shall be returned to Tenant, less any depletion thereof <br />as the result of the provisions of this paragraph, at the termination of this Lease. <br />Tenant shall have no right to anticipate return of said deposit by withholding any <br />amount required to be paid pursuant to the provision of this Lease or otherwise. <br /> <br /> <br /> <br />Lease Agreement <br />Page 9 of 12 <br /> <br /> <br />