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6A (2)
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08-16-12 Packet
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6A (2)
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vi. The use of the Premises by each assignee shall not violate, or create any potential violation of, <br />applicable Laws, codes or ordinances, nor violate any other agreements affecting the Premises, Landlord or other <br />occupants in the Building; and <br />vii. Tenant shall pay Landlord the sum of One Thousand Five Hundred Dollars ($1,500.00) as <br />reimbursement to Landlord for administrative and legal expenses incurred by Landlord in connection with any such <br />assignment. <br />(c) In the event that Tenant desires to assign this Lease, Tenant shall give notice to Landlord setting <br />forth the terms of the proposed assignment. Tenant shall advise Landlord of the name of the proposed assignee, <br />shall furnish Landlord with the information required by Landlord with respect to the proposed assignee, and <br />Landlord shall advise Tenant, within sixty (60) business days after receipt of such notice and all required <br />information from Tenant, that Landlord either consents or refuses to consent to an assignment to the proposed <br />assignee. <br />13.2. Assignment by Landlord. Landlord, at any time and from time to time, may assign its interest in <br />this Lease, and, if: (a) Landlord assigns its interest in this Lease; and (b) the assignee assumes all of the obligations <br />of Landlord under the terms and conditions of this Lease; then Landlord and its successors and assigns (other than <br />the assignee of this Lease) shall be released from any and all liability hereunder. <br />ARTICLE XIV. <br />MISCELLANEOUS <br />14.1. Security Deposit. Contemporaneously with the execution of this Lease, Tenant shall deposit the <br />Security Deposit, as defined in Section 1.1(i), with Landlord. Landlord: (a) shall hold the Security Deposit without <br />liability to Tenant for interest; and (b) may commingle the Security Deposit with its other funds. The Security <br />Deposit, or any portion thereof, may be applied by Landlord to cure any default by Tenant under this Lease, without <br />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 terns 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. Guarantv. This Lease shall not become effective until the execution of a personal guaranty of this <br />Lease in the form attached hereto as Exhibit F (the "Guaranty"). Upon execution of this Lease and the Guaranty, the <br />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(e) 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. I 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 />
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