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8.1. SR 03-21-2016
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8.1. SR 03-21-2016
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arise or may be contemplated under any provisions of this Lease or as otherwise required for the <br />preservation and operation of the Premises during the Term, and any interest, penalties or other <br />charges due to Tenant's failure to timely pay any of such items. All such payments to be made <br />by Tenant as described in this Lease (whether to Landlord or otherwise) in addition to the <br />Monthly Rent shall be deemed to be Additional Rent for which Tenant is obligated under this <br />Lease. This Lease may not be terminated by Tenant except as provided herein. <br />2.5 Independent Obligations. The obligations of Tenant hereunder, including but not <br />limited to the obligation to pay Rent, shall be separate and independent covenants and <br />agreements. Nothing herein shall preclude Tenant from pursuing or realizing upon its other <br />remedies at law or in equity by reasons of, any default by Landlord; provided, however, Tenant <br />may not pursue any remedy that would permit it to terminate this Lease or that would entitle it to <br />a set-off or abatement of Rent of any kind. <br />2.6 Security Deposit. Tenant, contemporaneously with the execution of this Lease, <br />has deposited with Landlord the sum of $100,000, receipt of which is acknowledged hereby by <br />Landlord. The Security Deposit will be held by Landlord, without liability for interest, as a <br />security and damage deposit for the faithful performance by Tenant of all obligations under this <br />Lease to be performed by Tenant. The Security Deposit will not be held in an escrow account. <br />Landlord may intermingle such Deposit with Landlord's own funds. If an Event of Default <br />occurs under this Lease, then Landlord may (but will not be required to) appropriate and apply <br />all or such portion of said Deposit as may be necessary to compensate or repay Landlord for all <br />amounts, losses or damages sustained or to be sustained by Landlord due to such Event of <br />Default. So long as no Event of Default by Tenant has occurred in the prior twelve (12) months, <br />Landlord agrees to return twenty percent (20%) of the Security Deposit to Tenant on each <br />anniversary of the Lease term for five (5) consecutive years and thereby reducing the amount of <br />the Security Deposit each year. If the entire Security Deposit, or any portion thereof, is applied <br />by Landlord, in accordance with the provisions of this paragraph, Tenant, upon written demand <br />by Landlord, will immediately pay Landlord a sufficient amount of cash to restore the Security <br />Deposit to the amount thereof immediately prior to such application. If not previously released <br />to Tenant, the Security Deposit will be returned to Tenant, less any depletion thereof as the result <br />of the provisions of this paragraph, at the end of the Term of this Lease or any renewal thereof. <br />Tenant will have no right to anticipate a return of said Security Deposit by withholding any <br />amount required to be paid pursuant to the provisions of this Lease or otherwise. <br />ARTICLE 3 <br />USE <br />3.1 Lawful Use. The Premises may be used and occupied for assembly, <br />manufacturing and warehouse purposes and for any other lawful purpose. Tenant shall not use <br />or permit the Premises to be used in any manner which would (i) be contrary to Applicable Laws <br />(as defined in Section 9.1), (ii) violate any certificate of occupancy affecting the Premises, (iii) <br />constitute a public or private nuisance or waste, (iv) render the insurance on the Premises or any <br />portion thereof void, (v) cause a material decrease in the value of the Premises, or (vi) be in <br />violation of any of the Permitted Exceptions. Tenant agrees that it will promptly, upon discovery <br />of any such prohibited use, discontinue such prohibited use. Nothing in this Lease shall be <br />3 <br />
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