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<br />or other charge in default or for the payment of any other sum to which Les~
<br />may be entitled by reason of Lessee's default, or to compensate Lessor for any
<br />loss or damage which Lessor may suffer thereby. If Lessor so uses or applies all
<br />or any portion of said deposit, Lessee shall within ten (10) days of receiving
<br />written demand from Lessor deposit cash with Lessor in an amount sufficient to
<br />restore said deposit to the full amount hereinabove stated and Lessee's failure to
<br />do so shall be a material breach of this Agreement.
<br />
<br />Lessor shall not be required to keep said deposit separate from its general
<br />accounts. If Lessee performs all of Lessee's obligations hereunder, said deposit,
<br />or so much thereof as has not theretofore been applied by Lessor, shall be
<br />returned, without payment of interest or other increment for its use, to Lessee or
<br />to the last assignee, If any, of Lessee's interest hereunder at the expiration of the
<br />Lease term hereof, and after Lessee has vacated the Premises.
<br />
<br />In the event of bankruptcy or other debtor-creditor proceedings against Lessee,
<br />such Security Deposit shall be deemed to be applied first to the payment of Rent,
<br />Additional Rent and other sums due Les~ for all periods prior to the filing of
<br />such proceedings.
<br />
<br />5. RESERVED
<br />6. COMMON AREA MAINTENANCE
<br />
<br />6.1 The Lessor shall provide and maintain services to the Lease Area including the
<br />roof, pavilion exterior and foundations, window frame maintenance, exterior
<br />common area electrical lighting facilities, structural portions of the pavilion, and
<br />rain-gutters, flashings and downspouts. Lessor will also maintain sidewalk and
<br />maintenance repair, sidewalk sweeping, painting and decorating, landscaping,
<br />restroom maintenance and upkeep, sanitary systems, storm drainage systems,
<br />police or security services, exterior common area trash and debris removal,
<br />exterior common area cleaning, water and sewer services for the area outside
<br />the Lessee's assigned lease and license areas, unless such maintenance and
<br />repair are caused in part or in whole by the act, neglect, fault or omission of any
<br />duty by Lessee, its agents, officers, employees, contractors, servants, invitees or
<br />guests, in which case Lessee shall pay to Lessor the reasonable costs for such
<br />maintenance or repairs.
<br />
<br />7. PREMISES AREA MAINTENANCE COSTS, REPAIR AND UTILITIES
<br />7.1 Maintenance. Lessee shall at all times during the lease term, at Lessee's sole
<br />expense maintain the Lease Area and the exterior outdoor space defined as
<br />license Area 28 in clean and safe condition for the use contemplated in this
<br />Agreement, including daily sweeping, trash / litter pick up, business signs
<br />maintenance and repair, exterior windows cleaning, and interior lighting cleaning,
<br />repair, and replacement.
<br />
<br />7.2 Fire Extinauisher. Lessee, at his/her own expense will provide, maintain and
<br />repair fire extinguisher(s) for Lessee's Premises.
<br />
<br />7.3 Utility Charaes. Lessee agrees to pay for all connections and charges and/or
<br />assessments for water, sewer, and electricity associated with the operation of the
<br />
<br />Atty/AgrI2008.033 4
<br />050508
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