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Lease, and as security for the full axed faithful performance of every provision of this lease to be <br />performed by Tenant. If Tenant defaults with respect to any provision of this Lease, including but <br />not limited to the provisions relating to the payment of rent, Owner may (but shall not be obligated <br />to) use, apply or retain all or any part of this security deposit for the payment of any rent or any <br />other amount which Owner may spend or become obligated to spend by reason of Tenant's default. The <br />fact that Owner is holding or applying such deposit shall not affect Owners remedies upon any <br />breach of this Lease by Tenant. if any portion of said deposit is so used or applied, said applica- <br />tion of funds shall not constitute liquidated damages for such default by Tenant, and Tenant shall, <br />within five days after written demand therefor, deposit cash with Owner in an amount sufficient to <br />restore the security deposit to its original amount, and Tenant's failure to do so shall be a breach <br />of this lease. Owner shall not be required to keep this security deposit separate from its general <br />funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and <br />faithfully perform every provision of this Lease to be performed by it, the security deposit or any <br />balance thereof shall be returned to Tenant within two weeks following the expiration or earlier <br />termination of the term hereof. However, upon any termination of Owner's interest in the building <br />of which the Premises are a part (herein "Building"), whether by sale, assignment, or otherwise, <br />Owner or its agent shall, within a reasonable time (not to exceed two weeks from the date on which <br />Owner's interest in the Building is terminated), do one of the following acts, either of 4 ich shall <br />relieve Owner of further liability with respect to the above described security deposit: <br />(a) Transfer the portion of such security deposit remaining (after any deductions made <br />hereunder) to Owner's successor in interest, and thereafter notify Tenant of such transfer, <br />of any claims made against the security deposit, and of the transferee's name and address. <br />If the notice to Tenant is made by personal delivery, Tenant shall- acknowledge receipt of <br />such notice and sign his name on the Owner's copy of such notice; <br />(b) Return to Tenant the portion of such payment or deposit remaining after any deductions made <br />hereunder. <br />ARCM E 7. USE tiESiR MOMS. <br />Tine Premises shall be occupied and used by Tenant solely for the purpose of conducting therein the <br />business stated in Paragraph F of the Basic Lease Provisions and for no other purpose without the <br />prior written consent of Owner. Tenant shall not do or permit anything to be donne in or about the <br />Premises nor bring or keep anything therein which will in any way increase the existing rate of (or <br />adversely, affect the coverage under) any policy of fire or other insurance upon the Building, the <br />Property and/or any personal property therein or thereon, not shall Tenant obstruct or interfere in <br />any way with the rights of other tenants or occupants of the Property of which the Banding is a <br />part (herein "Property") or injure or annoy them, nor shall Tenant use or allow the Premises to be <br />used for any improper, moral, unlawful or objectionable purpose. Tenant shall not cause, maintain <br />or permit any nuisance in, on or about the Premises, nor shall Tenant commit, allow or suffer to be <br />omitted any waste in, on or about the Premises. Tenant shall conduct its business or profession <br />in the manner approved by the generally accepted written or unwritten code of ethics thereof. <br />AMClB 8. SERVICE AND UTII- MES. <br />Owner agrees to furnish to the Premises, if above the ground floor of the Building an generally <br />accepted business days from 8 a.m. to 6 p.m., and on Saturdays from 8 a.m. to 12 noon, and if on the <br />ground floor of the Building for such greater number of hours during which the ground floor areas <br />are open to the public, subject to the rules and regulations of the Property, water and electricity <br />suitable for the intended use of the Premises, teat, ventilation arid air-conditioning required in <br />Owner's judgment for the comfortable use and occupation of the Premises during such days and hours <br />(subject to any governmental requirements or standards relating to, among other things, energy con- <br />servation), janitorial services and elevator service. Owner shall also maintain the plumbing, air- <br />conditioning and electrical systems and elevators in the Building, as well as the noun areas in <br />the Banding and elsewhere on the Property. <br />MAR 1988 <br />-3- <br />