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<br />3.8 Gross Sales. The term "Gross Sales" as used in this Agreement means all <br />gross receipts of every kind and nature from sales and services from all business <br />conducted by Lessee on, in, at or from the Premises, whether upon credit or for <br />cash, excepting from any rebates or refunds to customers and the amount of all <br />sales or excise tax receipts collected from customers and paid by Lessee to any <br />government agency. Sales upon credit shall be included in the Gross Sales for <br />the period in which the merchandise is delivered or service rendered to the <br />customer, regardless of when payment is made. <br /> <br />4. SECURITY DEPOSIT <br /> <br />4.1 Lessee shall deposit with the Lessor upon execution hereof a security deposit in <br />the amount of $1,500.00 as security for the Lessee's faithful performance of <br />Lessee's obligation hereunder. The deposit shall not be used for the final <br />month's rent. If Lessee fails to pay rent or other charges due hereunder, or <br />otherwise defaults with respect to any provision of this Agreement, Lessor may <br />use, apply or retain all or any portion of said deposit for the payment of any fees <br />or other charge in default or for the payment of any other sum to which Lessor <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 Lessor for all periods prior to the filing of <br />such proceedings. <br /> <br />5. RESERVED <br /> <br />6. COMMON AREA MAINTENANCE (CAM) CHARGES <br />6.1 During the lease term and any subsequent renewal term of this lease, Lessee <br />shall enter into a License Agreement for the common area services to be <br />provided by the City. Failure to make CAM payments under the License <br />Agreement shall constitute a default under this Lease Agreement. <br /> <br />6.2 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 /> <br />ATTY/AGR/2009.024 <br />061609 <br /> <br />~nttialS <br /> <br />Page 5 <br />