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Late Charges and Returned Checks. In the event that any rent payment required <br />to be paid by Tenant hereunder is not paid IN FULL by the start of the FIFTH (5th) <br />DAY OF EACH MONTH, Tenant shall pay to Landlord, in addition to such payment <br />or other charges due hereunder, an initial late fee of $50.00. Any dishonored and <br />returned checks shall be subject to a $35.00 penalty fee. <br />5. SECURITY DEPOSIT: <br />On signing this Agreement, Tenants understand the security deposit on file with the <br />current landlord in the amount of ZERO ($0.00) will be transferred into escrow and <br />held in a trust account as a deposit to secure Tenant's performance of the above <br />covenants contained herein. <br />All or any portion of the security deposit may be used, as reasonably necessary, to: <br />(i) cure Tenant's default in payment of Rent (which includes Late Charges, NSF fees <br />or other sums due); (ii) repair damage, excluding ordinary wear and tear, caused by <br />Tenant or by a guest or licensee of Tenant; (iii) clean Premises, if necessary, upon <br />termination of the tenancy; and (iv) replace or return personal property or <br />appurtenances. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU <br />OF PAYMENT OF LAST MONTH'S RENT. If all or any portion of the security <br />deposit is used during the tenancy, Tenant agrees to reinstate the total security <br />deposit within five (5) days after written notice is delivered to Tenant. <br />Security deposit will not be returned until all Tenants have vacated the Premises and <br />all keys returned. No interest will be paid on security deposit unless required by local <br />law. <br />6. UTILITIES <br />Tenant shall pay directly for all utilities, services and charges provided to the <br />premises, including any and all deposits required. In the event that any utility or <br />service provided to the Leased Premises is not separately metered, Landlord shall <br />pay the amount due and separately Invoice Tenant for Tenant's pro rata share of <br />charges. Tenant shall pay such amounts within fifteen (15) days of invoice. <br />7. USE <br />Tenant shall use the Premises for Landscaping Sales & Service purposes, and shall <br />not use or permit the Premises to be used for any other purpose without the prior <br />written consent of the Landlord. Tenant shall not use or allow activities in or about <br />the Premises for any improper, immoral, unlawful or objectionable purpose that may <br />cause, maintain or permit any nuisance or cause damages by misuse or negligence <br />of Tenant or their guests or invitees. <br />8. COMPLIANCE WITH LAW <br />Tenant shall not use the Premises, or permit activities on or about the Premises, <br />which will in any way conflict with any law, statute, ordinance or governmental rule or <br />regulation law in force or which may hereafter be enacted or promulgated. Tenant <br />Page 2 of 8 <br />