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34. Entire Agreement. This Lease constitutes the entire agreement between the parties relating <br />to the subject matter described herein. The terms of this Lease are contractual and are <br />intended to be legally binding. This Lease supersedes any and all prior agreements between <br />the parties relating to the subject matter described herein. No party has relied upon any <br />statements, representations, or promises that are not set forth in this Lease. No changes to this <br />Lease will be valid or enforceable unless they are in writing and signed by all of the parties. <br />35. Equal Drafting. In the event any party asserts a provision of this Lease is ambiguous, this <br />Lease must be construed to have been drafted equally by the parties. <br />36. Savings Clause. Each provision of this Lease is separate and distinct and individually <br />enforceable. In the event any provision hereof or the application of any such provision under <br />any circumstance is declared to be unlawful or invalid, the enforceability of all the other <br />provisions shall not be affected. <br />37. Counterparts. This Lease may be executed in multiple counterparts, each of which shall be <br />an original, but all of which together shall constitute a single agreement. <br />38. Security and Damage Deposit. Tenant has previously deposited with Landlord the sum of <br />Three Thousand Four Hundred Forty -Five and 33/100 Dollars ($3,445.33), receipt of which <br />is hereby acknowledged by Landlord, which deposit is to be held by Landlord, as a security <br />and damage deposit for the faithful performance by Tenant during the term hereof or any <br />extension 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 use such <br />security deposit for such purpose as Landlord may determine. In the event of the failure of <br />Tenant to keep and perform any of the terms, covenants and conditions of this Lease to be <br />kept and performed by Tenant during the term hereof or any extension hereof, then Landlord, <br />either with or without terminating this Lease may (but shall not be required to) apply such <br />portion of said deposit as may be necessary to compensate or repay Landlord for all losses or <br />damages sustained or to be sustained by Landlord due to such breach on the part of Tenant, <br />including, but not limited to overdue and unpaid rent, any other sum payable by Tenant to <br />Landlord 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 the entire <br />deposit or any portion thereof, be appropriated and applied by Landlord, in accordance with <br />the provisions of this paragraph, Tenant upon written demand by landlord, shall remit <br />forthwith to Landlord a sufficient amount of cash to restore said security deposit to the <br />original sum deposited, and tenant's failure to do so within five (5) days after receipt of such <br />demand shall constitute a breach of this Lease. Said security deposit shall be returned to <br />Tenant, less any depletion thereof as the result of the provisions of this paragraph, at the <br />termination of this Lease. Tenant shall have no right to anticipate return of said deposit by <br />withholding any amount required to be paid pursuant to the provision of this Lease or <br />otherwise. <br />IN WITNESS WHEREOF, the parties hereto have executed this Lease the date and year first above <br />written. <br />Lease Agreement <br />Page 7 of 9 <br />