No. 2202 approving a form of lease for 117/119 E. Wayne Street and authorizing the execution/delivery thereof and other related matters

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14.1. Security Deposit. Contemporaneously with the execution of this Lease, Tenant shall deposit the Security Deposit, as defined in Section. 1.1(i) , with Landlord. Landlord: (a) shall hold the Security Deposit without liability to Tenant for interest; and (b) may commingle the Security Deposit with its other funds. The Security Deposit, or any portion thereof, may be applied by Landlord to cure any default by Tenant under this Lease, without prejudice to any other remedy or remedies that Landlord may have on account of such application. Upon any such application by Landlord, Tenant shall pay to Landlord on demand the amount applied by Landlord to cure such default so that the Security Deposit is restored to its original amount. If Landlord conveys the Premises during the Term: (A) Landlord may turn the Security Deposit over to Landlord's grantee or successor; and (B) Tenant shall release Landlord from any and all liability with respect to the Security Deposit. If Tenant faithfully performs its obligations under the terms and conditions of this Lease, then Landlord shall return to Tenant the amount of the Security Deposit not applied by Landlord to cure defaults by Tenant, without interest, within thirty (30) days after the latter of: (y) the Termination Date; or (z) the date that Tenant has surrendered possession to Landlord in accordance with the terms and conditions of this Lease. 14.2. Notices. Any notice, demand, request or other instrument (any "Notice ") which may be or is required to be given under this Lease shall be in writing and shall be deemed given and received: (a) on the date of delivery when delivered in person (with receipt for delivery); (b) three (3) business days after deposit with the U.S. Postal Service, when sent by United States certified or registered mail, return receipt requested, postage prepaid; or (c) on the next business day following deposit of any such Notice with a national overnight delivery carrier (with receipt evidencing such delivery) such as, but not limited to, Federal Express or UPS. Any Notice to be delivered in person or by mail shall be addressed: (a) if to Landlord, at the address set forth in Section 1.1(f} hereof, or at such other address as Landlord may designate by written notice; and (b) if to Tenant, at the address set forth in Section. 1.IW hereof, or at such other address as Tenant may designate by written notice. 14.3. Waiver. One or more waivers of any covenant or condition by Landlord shall not be construed as a waiver of a subsequent breach of the same covenant or condition, and the consent or approval by Landlord to or of any,act by Tenant requiring Landlord's consent or approval shall. not be deemed to rendek.unnecessary Landlord's consent or approval to or of any subsequent similar act by Tenant, except as otherwise provided herein. 14.4. Entire Agreement. This Lease and the exhibits attached hereto set forth all the covenants, promises, agreements, conditions and understandings between Landlord and Tenant concerning the Premises, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between Landlord and Tenant other than as are herein set forth. No alteration, amendment, change or addition to this Lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by each party. 14.5. Remedies Cumulative. The rights and remedies of Landlord and Tenant hereunder shall be cumulative, and no one of them shall be deemed or construed as exclusive of any other right or remedy hereunder, at law, or in equity. The exercise of any one such right or remedy by Landlord or Tenant shall not impair its standing to exercise any other such right or remedy. 14.6. Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the Rent first due hereunder. No endorsement or statement on any check or letter accompanying any check or payment of Rent shall be deemed to be an accord and satisfaction, and Landlord may accept any such check or payment without prejudice to the right of Landlord to recover the balance of such Rent or to pursue any other right or remedy. 14.7. Relationship. Nothing contained herein, shall be deemed or construed to create between the parties any relationship other than that of landlord and tenant. 14.8. Information. Tenant shall provide to Landlord, upon request, accurate financial statements of Tenant and/or any guarantors of this Lease (which, in the event Tenant or a guarantor is an entity, shall be certified by the highest - ranking financial officer of Tenant or guarantor). 0 ..2a_ F. 1IDATA1SHARE1LegallWpdatalSEPTconomic DevelopmentlBillie'sMate CafeLState Cafe Lease (version S).doe