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6.B.(1) Lease with Spark Design Studio
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6.B.(1) Lease with Spark Design Studio
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prejudice to any other remedy or remedies that Landlord may have on account of such application. Upon any such <br />application by Landlord, Tenant shall pay to Landlord on demand the amount applied by Landlord to cure such <br />default so that the Security Deposit is restored to its original amount. If Landlord conveys the Premises during the <br />Term: (A) Landlord may turn the Security Deposit over to Landlord's grantee or successor; and (B) Tenant shall <br />release Landlord from any and all liability with respect to the Security Deposit. If Tenant faithfully performs its <br />obligations under the terms and conditions of this Lease, then Landlord shall return to Tenant the amount of the <br />Security Deposit not applied by Landlord to cure defaults by Tenant, without interest, within thirty (30) days after <br />the latter of: (y) the Termination Date; or (z) the date that Tenant has surrendered possession to Landlord in <br />accordance with the terms and conditions of this Lease. <br />14.2. Guaranty. This Lease shall not become effective until Joya B. Helmuth has executed a personal <br />guaranty of this Lease in the form attached hereto as Exhibit F (the "Guaranty'). Upon execution of this Lease and <br />the Guaranty, the executed Guaranty shall be attached to this Lease as Exhibit F -1. <br />14.3. Notices. Any notice, demand, request or other instrument (any "Notice ") which may be or is <br />required to be given under this Lease shall be in writing and shall be deemed given and received: (a) on the date of <br />delivery when delivered in person (with receipt for delivery); (b) three (3) business days after deposit with the U.S. <br />Postal Service, when sent by United States certified or registered mail, return receipt requested, postage prepaid; or <br />(c) on the next business day following deposit of any such Notice with a national overnight delivery carrier (with <br />receipt evidencing such delivery) such as, but not limited to, Federal Express or UPS. Any Notice to be delivered in <br />person or by mail shall be addressed: (a) if to Landlord, at the address set forth in Section 1.1(fl hereof, or at such <br />other address as Landlord may designate by written notice; and (b) if to Tenant, at the address set forth in Section <br />1. l hereof, or at such other address as Tenant may designate by written notice. <br />14.4. Waiver. One or more waivers of any covenant or condition by Landlord shall not be construed as <br />a waiver of a subsequent breach of the same covenant or condition, and the consent or approval by Landlord to or of <br />any act by Tenant requiring Landlord's consent or approval shall not be deemed to render unnecessary Landlord's <br />consent or approval to or of any subsequent similar act by Tenant, except as otherwise provided herein. <br />14.5. Entire Agreement. This Lease and the exhibits attached hereto set forth all the covenants, <br />promises, agreements, conditions and understandings between Landlord and Tenant concerning the Premises, and <br />there are no covenants, promises, agreements, conditions or understandings, either oral or written, between Landlord <br />and Tenant other than as are herein set forth. No alteration, amendment, change or addition to this Lease shall be <br />binding upon Landlord or Tenant unless reduced to writing and signed by each party. <br />14.6. Remedies Cumulative. The rights and remedies of Landlord and Tenant hereunder shall be <br />cumulative, and no one of them shall be deemed or construed as exclusive of any other right or remedy hereunder, at <br />law, or in equity. The exercise of any one such right or remedy by Landlord or Tenant shall not impair its standing <br />to exercise any other such right or remedy. <br />14.7. Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than <br />the Rent due hereunder shall be deemed to be other than on account of the Rent first due hereunder. No <br />endorsement or statement on any check or letter accompanying any check or payment of Rent shall be deemed to be <br />an accord and satisfaction, and Landlord may accept any such check or payment without prejudice to the right of <br />Landlord to recover the balance of such Rent or to pursue any other right or remedy. <br />14.8. Relationship. Nothing contained herein shall be deemed or construed to create between the parties <br />any relationship other than that of landlord and tenant. <br />14.9. Information. Tenant shall provide to Landlord, upon request, accurate financial statements of <br />Tenant and/or any guarantors of this Lease (which, in the event Tenant or a guarantor is an entity, shall be certified <br />by the highest - ranking financial officer of Tenant or guarantor). <br />14.10. Construction. The laws of the State in which the Premises is located shall govern the validity, <br />performance, and enforcement of this Lease. The invalidity or unenforceability of any term or condition of this <br />
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