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Tenant during the term hereof or any extension hereof. Prior to the time when Tenant shall be entitled to the return
<br />of this security deposit, Landlord may commingle such deposit with Landlord's own funds and to sue such security
<br />deposit for such purpose as Landlord may determine. In the event of the failure of Tanant to keep and perform any
<br />of the terms, covenants and conditions of this Lease to be kept and performed by Tenant during the term hereof or
<br />any extension hereof, then Landlord, either with or without terminating this Lease may (but shall not be required to)
<br />apply such portion of said deposit as may be necessary to compensate or repay Landlord for all losses or damages
<br />sustained or to be sustained by Landlord due to such breach on the part of Tenant, including, but not limited to
<br />overdue and unpaid rent, any other sum payable by Tenant to Landlord pursuant to the provisions of this Lease,
<br />damages or deficiencies in the reletting of the Property, and reasonable attorney's fees incurred by Landlord.
<br />Should the entire deposit or any portion thereof, be appropriated and applied by Landlord, in accordance with the
<br />provisions of this paragraph, Tenant upon written demand by landlord, shall remit forthwith to Landlord a sufficient
<br />amount of cash to restore said security deposit to the original sum deposited, and tenant's failure to do so within five
<br />(5) days after receipt of such demand shall constitute a breach of this Lease. Said security deposit shall be returned
<br />to Tenant, less any depletion thereof as the result of the provisions of this paragraph, at the term of this Lease or any
<br />renewal thereof, or upon the earlier termination of this Lease. Tenant shall have no right to anticipate return of said
<br />deposit by withholding any amount required to be paid pursuant to the provision of this Lease or otherwise.
<br />
<br />In the event Landlord shall sell the Property, or shall otherwise convey or dispose of its interest in this Lease,
<br />Landlord may assign the security deposit or any balance thereof to Landlord's assignee, whereupon Landlord shall
<br />be released from all liability for the return or repayment of such security deposit and Tenant shall look solely to the
<br />said assignee For the return and repayment of said security deposit. Said security deposit shall not be assigned or
<br />encumbered by Tenant without such consent of Landlord, and any assignment or encumbrance without such consent
<br />shall not bind Landlord. In the event of any rightful and permitted assignment of this Lease by Tenant, said security
<br />deposit shall be deemed to be held by Landlord as a deposit made by the assignee, and Landlord shall have no
<br />further liability with respect to the return of said security deposit to Tenant
<br />
<br />11. USE:
<br />
<br />The Property shall be used and occupied by Tenant solely for the purposes of cold storage for the rental of boat and
<br />RV vehicle storage and such use by Tenant shall at all times be in full compliance with all applicable laws,
<br />ordinances and governmental regulations affecting theand Property. The Property shall not be used in such manner
<br />that, in accordance with any requirement of law or of any public authority, Landlord shall be obligated on account of
<br />the purpose or manner of said use to make any addition or alteration to or in the Property. The Property shall not be
<br />used in any manner which will increase the rotes required to be paid for public liability or for fire and extended
<br />coverage insurance covering the Property. Tenant shall occupy the Property, conduct its business and contxol its
<br />agents, employees, invitees and visitors in such a way as is lawful, and reputable and will not permit or create any
<br />nuisance, noise, odor, or otherwise interfere with, annoy or disturb any other Tenant in the Property in its normal
<br />business operations or Landlord in its management of the Property. Tenant's use of the Property shall conform to all
<br />landlord's rules and regulations relating to the use of th~ Property as lis{ed on Exhibit A attached hereto.
<br />
<br />12. ACCESS TO PROPERTY:
<br />
<br />The Tenant agrees to permit Landlord and the authorized representatives of Landlord to enter the Property at all
<br />times during usual business hours for the purpose of inspecting the same and making any necessary repairs to the
<br />Property and performing any work therein that may be necessary to comply with any laws, ordinances, roles,
<br />regulations or requirements of any public authority or of the Board of Fire Underwriters or any similar body or that
<br />Landlord may deem necessary to prevent waste or deterioration in connection with the Property. Nothing herein
<br />shall imply any duty upon the part of Landlord to do any such work which, under any provision of this Lease,
<br />Tenant may be required to perform and the performance thereof by Landlord shall not constitute a waiver of
<br />Tenant's default n failing to perform the same. The Landlord may, during the progress of any work in the Property,
<br />keep and store upon the Property all necessary materials, tools and equipment. The Landlord shall not in any event
<br />be liable for inconvenience, annoyance, disturbance, loss of business, or other damage of Tenant by reason of
<br />making repairs or the performance on any work in the Property, or on account of bringing materials, supplies and
<br />equipment into 6r through the Property during the course thereof and the obligations of Tenant under this Lease
<br />shall not thereby be affected in any manner whatsoever.
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