Common use of Security Deposit Clause in Contracts

Security Deposit. Upon Tenant’s execution of this Lease, Tenant shall deposit with Landlord the amount set forth in Article 1 as the “Security Deposit” as security for the performance by Tenant of the terms of this Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rent.

Security Deposit. Upon Tenant’s execution 12.1 Tenant has deposited with Landlord the sum set forth in Section 2.6 the (“Security Deposit”), which sum shall be held by Landlord as security for the faithful performance by Tenant of all of the terms, covenants and conditions of this Lease to be kept and performed by Tenant during the period commencing on the Execution Date and ending upon the expiration or termination of this Lease. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, any provision relating to the payment of Rent, then Landlord may (but shall not be required to) use, apply or retain all or any part of the Security Deposit for the payment of any Rent or any other sum in default, or to compensate Landlord for any other loss or damage that Landlord may suffer by reason of Tenant’s default. If any portion of the Security Deposit is so used or applied, then Tenant shall, within ten (10) business days following demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount, and Tenant’s failure to do so shall be a material breach of this Lease. The provisions of this Article 12 shall survive the expiration or earlier termination of this Lease. TENANT HEREBY WAIVES THE REQUIREMENTS OF SECTION 1950.7 OF THE CALIFORNIA CIVIL CODE, AS THE SAME MAY BE AMENDED FROM TIME TO TIME. 12.2 In the event of bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for all periods prior to the tiling of such proceedings. 12.3 Landlord may deliver to any purchaser of Landlord’s interest in the Premises the funds deposited hereunder by Tenant, and thereupon Landlord shall be discharged from any further liability with respect to such deposit. This provision shall also apply to any subsequent transfers. 12.4 If Tenant shall deposit with Landlord the amount set forth in Article 1 as the “Security Deposit” as security for the performance by Tenant of the terms fully and faithfully perform every provision of this Lease to be performed by it, then the Security Deposit, or any balance thereof, shall be returned to Tenant (or, at Landlord’s option, to the last assignee of Tenant, and not as prepayment ’s interest hereunder) within thirty (30) days after the expiration or earlier termination of rent. Landlord may apply such portion or portions of this Lease. 12.5 [Intentionally omitted] 12.6 If the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant shall be in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to cash. Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which shall hold the Security Deposit may in an account at a banking organization selected by Landlord; provided, however, that Landlord shall not be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event required to maintain a separate account for the Security Deposit or any portion thereof is so usedDeposit, Tenant but may intermingle it with other funds of Landlord. Landlord shall pay be entitled to Landlordall interest and/or dividends, promptly upon demandif any, an amount in cash sufficient to restore accruing on the Security Deposit to the full original sumDeposit. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. credit Tenant shall with any interest for any period during which Landlord does not be entitled to any receive interest on the Security Deposit. If Landlord transfers . 12.7 The Security Deposit may be in the Leased Premises form of cash, a letter of credit or any portion thereof other security instrument acceptable to Landlord in its sole discretion. Tenant may at any time, except during Default (as defined below), deliver a letter of credit (the Lease “L/C Security”) as the entire Security Deposit, as follows. 12.7.1 If Tenant elects to deliver L/C Security, then Tenant shall provide Landlord and maintain in full force and effect throughout the Term, Landlord may pay a letter of credit in the Security Deposit form of Exhibit E issued by an issuer reasonably satisfactory to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statuteLandlord, in which event the transferring landlord shall be released from all liability for the return amount of the Security Deposit, with an initial term of at least one year. If, at the Term Expiration Date, any Rent remains uncalculated or unpaid, then: (i) Landlord shall with reasonable diligence complete any necessary calculations; (ii) Tenant shall extend the expiry date of such L/C Security from time to time as Landlord reasonably requires; and (iii) in such extended period, Landlord shall not unreasonably refuse to consent to an appropriate reduction of the L/C Security. Tenant specifically grants shall reimburse Landlord’s legal costs (as estimated by Landlord’s counsel) in handling Landlord’s acceptance of L/C Security or its replacement or extension. 12.7.2 If Tenant delivers to Landlord satisfactory L/C Security in place of the entire Security Deposit, Landlord shall remit to Tenant any cash Security Deposit Landlord previously held. 12.7.3 Landlord may draw upon the L/C Security, and hold and apply the proceeds in the same manner and for the same purposes as the Security Deposit, if: (i) an uncured Default (as defined below) exists; (ii) as of the date forty-five (45) days before any L/C Security expires (even if such scheduled expiry date is after the Term Expiration Date) Tenant has not delivered to Landlord an amendment or replacement for such L/C Security, reasonably satisfactory to Landlord, extending the expiry date to the earlier of (1) six (6) months after the then-current Term Expiration Date or (2) the date one year after the then-current expiry date of the L/C Security; (iii) the L/C Security provides for automatic renewals, Landlord asks the issuer to confirm the current L/C Security expiry date, and the issuer fails to do so within ten (10) business days; (iv) Tenant hereby waives fails to pay (when and as Landlord reasonably requires) any bank charges for Landlord’s transfer of the L/C Security; or (v) the issuer of the L/C Security ceases, or announces that it will cease, to maintain an office in the city where Landlord may present drafts under the L/C Security. This paragraph does not limit any other provisions of California Civil Code Section 1950.7 this Lease allowing Landlord to draw the contrary) L/C Security under specified circumstances. 12.7.4 Tenant shall not seek to enjoin, prevent, or otherwise interfere with Landlord’s draw under L/C Security, even if it violates this Lease. Tenant acknowledges that the only effect of a period wrongful draw would be to substitute a cash Security Deposit for L/C Security, causing Tenant no legally recognizable damage. Landlord shall hold the proceeds of ninety (90) days following any draw in the same manner and for the same purposes as a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the cash Security Deposit. In no the event of a wrongful draw, the parties shall cooperate to allow Tenant to post replacement L/C Security simultaneously with the return to Tenant of the wrongfully drawn sums, and Landlord shall upon request confirm in writing to the issuer of the L/C Security Deposit or any portion thereofthat Landlord’s draw was erroneous. 12.7.5 If Landlord transfers its interest in the Premises, be considered prepaid rentthen Tenant shall at Tenant’s expense, within five (5) Business Days after receiving a request from Landlord, deliver (and, if the issuer requires. Landlord shall consent to) an amendment to the L/C Security naming Landlord’s grantee as substitute beneficiary. If the required Security changes while L/C Security is in force, then reliant shall deliver (and, if the issuer requires, Landlord shall consent to) a corresponding amendment to the L/C Security.

Security Deposit. Upon Tenant’s execution of this Leasethe Execution Date, Tenant shall deposit with Landlord the amount set forth in Article 1 as the “Security Deposit” Deposit as security for the Tenant’s faithful performance by of Tenant’s obligations hereunder. If Tenant of the terms fails to timely pay rent or other charges due hereunder, or otherwise defaults with respect to any provisions of this Lease to be performed by Tenantbeyond applicable notice and cure periods hereunder, and not as prepayment of rent. Landlord may apply such use, apply, or retain all or any portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent any rent or Additional Rent other charge in default or a late charge or interest on defaulted rentfor the payment of any other sum to which Landlord may become obligated by reason of Tenant’s default, or to compensate Landlord for any other monetary payment loss or damage which Landlord may suffer thereby. Landlord shall have no obligation of to apply the Security Deposit against any amount due or owing from Tenant under this Lease; (ii) to repair damage to Lease or against any Advance made by Landlord, nor shall the Leased Premises caused or permitted to occur rights and remedies of Landlord under this Lease be affected in any manner by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to fact that Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which holds the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statuteDeposit. In the event the Security Deposit If, however, Landlord so uses or applies all or any portion thereof is so usedof the Security Deposit, Tenant shall pay to Landlordwithin ten (10) business days after written demand therefor, promptly upon demand, deposit with Landlord an amount in cash sufficient to restore the Security Deposit to the full original sumamount stated above, and Tenant’s failure to do so shall constitute a default under this Lease. Landlord shall not be deemed a trustee required to keep the security deposit separate from its general accounts or to pay interest thereon, unless otherwise required by applicable law. If Tenant performs all of Tenant’s obligations hereunder, the Security Deposit. , or so much thereof after application thereof by Landlord may use in accordance with this Section 3.7, as has not been applied by Landlord, shall be returned, in cash, without payment of interest or other increment for its use, to Tenant at the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during expiration of the Lease Term, . No trust relationship is created herein between Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rent.

Security Deposit. Upon Tenant’s execution The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord of this Lease. The Security Deposit shall be held by Landlord, Tenant shall deposit with Landlord the amount set forth in Article 1 as the “Security Deposit” without liability for interest, as security for the performance by Tenant of Tenant’s covenants and obligations under this Lease, it being expressly understood that the terms Security Deposit shall not be considered an advance payment of this Lease to be performed Rent or a measure of Tenant’s liability for damages in case of default by Tenant, and not as prepayment of rent. Landlord may apply may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages of Rent or to satisfy any other covenant or obligation of Tenant hereunder following the expiration of any applicable cure periods. Following any such portion or portions application of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedDeposit, Tenant shall pay to Landlord, promptly upon demand, an Landlord on demand the amount so applied in cash sufficient order to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be amount required hereunder, from time to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposittime. If Landlord transfers its interest in the Leased Premises or any portion thereof Complex during the Lease Termterm of this Lease, Landlord may pay assign the Security Deposit to any subsequent owner in conformity with the provisions transferee and upon assumption by such transferee of Section 1950.7 of liability for the California Civil Code and/or any successor statuteSecurity Deposit, in which event the transferring landlord Landlord shall be released from all have no further liability for the return of such Security Deposit. Upon application of all or any part of the Security Deposit, Tenant must upon demand restore the Security Deposit to the amount required hereunder, from time to time. No application of the Security Deposit by Landlord will be deemed to have cured Tenant’s default. Tenant specifically grants to Landlord (and Tenant hereby waives the all provisions of California Civil Code Section 1950.7 to Laws, now or hereinafter in force, which restrict the contraryamount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting any obligation with respect to the handling or return of security deposits. The Security DepositDeposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. In no event Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit or any portion thereof, be considered prepaid rentin the form of a Letter of Credit in accordance with Exhibit “M” attached hereto.

Security Deposit. Upon Tenant’s execution The Tenant shall keep on deposit with the Landlord at all times during the term of this Lease the Security Deposit specified on the Lease Lease Agreement Facing Page hereof as security for the payment by the Tenant of the Rent and any other sums due under this Lease and for the faithful performance of all the terms, conditions, and covenants of this Lease, Tenant it being expressly understood that the Security Deposit shall deposit with Landlord not be considered advance payment of Rent or a measure of Landlord’s damages in the amount case of default by Tenant. Security Deposit is due in full prior to Tenant’s possession of the Premises. Any interest earned on the Security Deposit shall be retained by Landlord. If an event of a default set forth in Article 1 as Section 35.1 occurs, the “Security Deposit” as security for the performance by Tenant of the terms of this Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and but shall not be required to) use any such deposit, or so much thereof as necessary in payment of any Rent or any other sums due under this Lease in default, in reimbursement of any expense incurred by the Landlord, and to segregate it from Landlord’s general accounts. Tenant shall not be entitled repair any damage or to any interest on the Security Deposit. If Landlord transfers clean, paint, carpet and fumigate the Leased Premises after termination of possession by Tenant. In such event the Tenant shall on written demand of the Landlord forthwith remit to the Landlord a sufficient amount in cash to restore such deposit to its original amount. If such deposit has not been utilized as aforesaid, such deposit, or any portion as much thereof during as has not been utilized for such purposes, shall be refunded to the Tenant upon full performance of this Lease Termby the Tenant. Landlord shall have the right to commingle such deposit with other funds of the Landlord, and such deposit need not be kept in an escrow or other segregated account. Landlord may pay shall deliver the Security Deposit funds deposited herein by the Tenant to any subsequent owner in conformity with the provisions of Section 1950.7 purchaser of the California Civil Code and/or any successor statute, Landlord’s interest in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect in the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ thereforevent such interest be sold, and prepare a final accounting thereupon, the Landlord shall be discharged from further liability with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rentsuch deposit.

Security Deposit. Upon Tenant’s The Security Deposit shall be delivered to Landlord upon the execution of this Lease, Lease by Tenant shall deposit with and held by Landlord the amount set forth in Article 1 as the “Security Deposit” without liability for interest (unless required by Law) as security for the performance by of Tenant’s obligations. The Security Deposit is not an advance payment of Rent or a measure of damages. If Tenant of the terms of is in Default, Landlord may from time to time and without prejudice to any other remedy provided in this Lease to be performed or by TenantLaw, and not as prepayment of rent. Landlord may apply such use all or a portion or portions of the Security Deposit as are reasonably to the extent necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly satisfy past due Rent or Additional Rent or a late charge or interest on defaulted rent, or to satisfy any other monetary payment obligation of Tenant loss or damage resulting from Tenant’s Default under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to . If Landlord if not surrendered in the condition required pursuant to the provisions uses any portion of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedDeposit, Tenant shall pay to LandlordTenant, promptly upon within 10 days after written demand, an amount in cash sufficient to shall restore the Security Deposit to the full its original sumamount. Landlord shall not be deemed a trustee return any unapplied portion of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with Tenant within forty-five (45) days following the provisions Termination Date or earlier expiration of Section 1950.7 of this Lease. Landlord may assign the California Civil Code and/or any Security Deposit to a successor statuteor transferee and, in which event following the transferring landlord assignment, Landlord shall be released from all have no further liability for the return of the Security Deposit. Tenant specifically grants Landlord shall not be required to Landlord (and Tenant hereby waives keep the provisions of California Civil Code Security Deposit separate from its other accounts. Notwithstanding anything in this Section 1950.7 6 to the contrary, Tenant shall satisfy the requirement of delivery of the Security Deposit by the delivery to Landlord of an unconditional and irrevocable letter of credit (“Letter of Credit”) in the amount of the Security Deposit set forth in Section 1.10 above, and in a form acceptable to Landlord in its reasonable discretion. The Letter of Credit shall be issued by a bank reasonably satisfactory to Landlord; provided that Landlord hereby approves Silicon Valley Bank as the issuing bank. Tenant shall ensure that at all times after the execution and delivery of this Lease until forty-five (45) days after the Termination Date, as the same may be extended, an unexpired Letter of Credit in the amount of the Security Deposit set forth in Section 1.10 above shall be in the possession of Landlord. The Letter of Credit shall contain a so-called “evergreen” clause providing that the Letter of Credit shall not be canceled unless the issuing bank delivers thirty (30) days’ prior written notice to Landlord. Tenant shall deliver to Landlord, no later than ten (10) days prior to the expiry date of the then outstanding and expiring Letter of Credit (a) a period replacement Letter of ninety Credit or (90b) days following a surrender cash in the amount then required as the Security Deposit. Landlord shall be entitled to draw on the Letter of Credit (i) if Tenant fails to deliver any replacement Letter of Credit or pay the amount of the Leased Premises Security Deposit in cash as required, in which event Landlord shall be permitted to retain the entire proceeds of such Letter of Credit for application as the Security Deposit hereunder, (ii) to cure or attempt to cure, in whole or in part, any Default by Tenant under this Lease, in which event Tenant shall replenish the amount so drawn upon demand by Landlord, and (iii) if the credit rating of the long-term debt of the issuer of the Letter of Credit (according to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇’▇ thereforor similar national rating agency) is downgraded to a grade below investment rate), and prepare or if the issuer of the Letter of Credit shall enter into any supervisory agreement with any governmental authority, or if the issuer of the Letter of Credit shall fail to meet any capital requirements imposed by applicable Law, unless Tenant delivers to Landlord a final accounting replacement Letter of Credit complying with respect to the Security Deposit. In no event shall terms of this Lease or cash in the amount required as the Security Deposit within ten (10) days after written demand therefor from Landlord. Each Letter of Credit shall be for the benefit of Landlord and its successors and assigns and shall entitle Landlord or its successors or assigns to draw from time to time under the Letter of Credit in portions or in whole upon presentation of a sight draft and statement by Landlord that Landlord is entitled to draw thereunder pursuant to the terms and provisions of this Lease. Landlord shall have an unrestricted right to transfer the Letter of Credit at any portion thereoftime and to any party selected by the Landlord. Tenant shall pay any transfer commission (fee) and all other costs (hereinafter collectively referred to as the “Transfer Fee”) which may be imposed by the bank issuing the Letter of Credit for the transfer of the Letter of Credit by Landlord. The Tenant’s failure to pay the Transfer Fee, be considered prepaid rentwhich failure continues for ten (10) days following written notice from Landlord of same, shall constitute a Default of this Lease, and Landlord shall have the right to pursue any and all remedies provided Landlord under this Lease, in equity and at law.

Security Deposit. Tenant has deposited with Landlord the Security Deposit in the amount set forth above for the performance of each and every covenant and agreement to be performed by Tenant under this Lease. Landlord shall have the right, but not the obligation, to apply the Security Deposit in whole or in part as payment of such amounts as are reasonably necessary to remedy Tenant's defaults in the payment of rent or in the performance of the covenants or agreements contained herein. Landlord's right to possession of the Property for non-payment of rent or any other reason shall not be affected by the fact that Landlord holds security. Tenant's liability is not limited to the amount of the Security Deposit. Landlord shall give Tenant written notice of the application of the Security Deposit or any part thereof within thirty (30) days of said application. If the application is on account of maintenance, repairs or replacements necessitated by tenant, said notice shall include the estimated or actual cost of the same, attaching estimates or paid receipts. Upon Tenant’s execution receipt of said notice, Tenant shall at once pay to Landlord an amount sufficient to restore the Security Deposit in full. Upon termination of this Lease, Tenant shall deposit with Landlord the amount set forth in Article 1 as the “Security Deposit” as security for the full payment of all amounts due and performance by Tenant of all Tenant's covenants and agreements (including surrender of the terms of this Lease to be performed by TenantProperty in accordance with Paragraph 15), and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedremaining unapplied shall be returned to Tenant in accordance with applicable law. In the event of a sale, Tenant shall pay to Landlordlease, promptly upon demandor other transfer of the Building, an amount in cash sufficient to restore the Landlord may transfer or assign said Security Deposit to the full original sumLandlord's grantee, lessee or assignee. Provided said grantee, lessee or assignee by written undertaking addressed to Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in assumes all Landlord’s ordinary business and shall not be required 's obligations hereunder, Tenant agrees to segregate it from Landlord’s general accounts. Tenant shall not be entitled look to any interest on the Security Deposit. If Landlord transfers the Leased Premises such grantee, lessee or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability assignee solely for the return of the said Security Deposit. Tenant specifically grants The provisions hereof shall apply to Landlord (each and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender every sale, lease or other transfer of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rentBuilding.

Security Deposit. Upon Tenant’s execution of this Lease, (a) Tenant shall deposit with Landlord upon ▇▇▇▇▇▇'s execution hereof the amount Security Deposit set forth in Article 1 as the “Security Deposit” Paragraph 1.6 of this lease as security for the Tenant's faithful performance by of Tenant's obligations under this lease. If Tenant of the terms of this Lease fails to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of pay Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant otherwise defaults under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2lease, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen such failure or contractors of Tenant to be owing to them default by Tenant for work done or improvements made at Tenant’s request to continues after the Leased Premises. In this regardgiving of all required notices by Landlord and the expiration of all applicable cure periods, Tenant hereby waives then and in any restriction on the uses to which such event, Landlord may use the Security Deposit for the payment of any amount due Landlord or to reimburse or compensate Landlord for any liability, cost, expense, loss or damage (including reasonable attorney's fees) which Landlord may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statutesuffer or incur by reason thereof. In the event the Security Deposit or any portion thereof is so used, Tenant shall on demand pay to Landlord, promptly upon demand, an Landlord the amount in cash sufficient so used or applied so as to restore the Security Deposit to the full original sumamount set forth in Paragraph 1.6 of this lease. Landlord shall not be deemed required to keep all or any part of the Security Deposit in an interest bearing account. Landlord shall, at the expiration or earlier termination of the Term and after ▇▇▇▇▇▇ has vacated the demised premises, return to Tenant that portion of the Security Deposit not used or applied by Landlord. No part of the Security Deposit shall be considered to be prepayment for any monies to be paid by Tenant under this lease. (b) Tenant shall have the right to deliver to Landlord an unconditional, irrevocable letter of credit in substitution for the cash Security Deposit required in Paragraph 5(a) above, subject to the following terms and condition. Such letter of credit shall be: (i) in the form attached to and hereby made a trustee part of this lease as Exhibit B; (ii) at all times in the amount of the Security Deposit set forth in Paragraph 1.6 of this lease and shall permit multiple draws without a corresponding reduction in the amount of the letter of credit; (iii) issued by a commercial bank reasonably acceptable to Landlord from time to time and located in the United States of America; (iv) made payable to Landlord and expressly transferable and assignable at no charge, which transfer/assignment shall be conditioned only upon delivery of notice to the issuer of the letter of credit; (v) payable at sight upon presentment to a local branch of the issuer of a sight draft stating only that Landlord is entitled to draw on the letter of credit pursuant to this lease; (vi) for a term not less than one year; and (vii) contain an "evergreen" provision which provides that the letter of credit will be automatically renewed on an annual basis unless the issuer delivers at least 30 days prior written notice of cancellation to Landlord and Tenant, such that the letter of credit remains in existence through the date occurring 90 days after the expiration of the Term. At least 30 days prior to the then current expiration date of such letter of credit, Tenant shall either: (A) cause such letter of credit to be renewed (or automatically and unconditionally extended) from time to time for a period of one year through the 90th day after the expiration of the Term; or (B) cause such letter of credit to be replaced with cash in the amount of the Security Deposit. Landlord may use Notwithstanding anything in this lease to the Security Deposit contrary, any cure or grace period set forth in Landlord’s ordinary business and Paragraph 13.1 of this lease shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled apply to any interest on of the foregoing, and, specifically, if Tenant fails to timely comply with the foregoing terms of this Paragraph, then Landlord shall have the right to immediately draw upon the letter of credit without notice to Tenant and hold the proceeds as the Security Deposit. Each letter of credit shall be issued by a commercial bank that has a credit rating with respect to certificates of deposit, short term deposits or commercial paper of at least A-3 (or equivalent) by Moody's Investment Service, Inc., or at least AA (or equivalent) by Standard & Poor's, a division of McGraw Hill, and shall be otherwise acceptable to Landlord, in its reasonable discretion. If Landlord transfers the Leased Premises issuer's credit rating is reduced below A-3 (or equivalent) by Moody's Investment Service, Inc. or below AA (or equivalent) by Standard & Poor's, a division of McGraw Hill, or if the financial condition of such issuer changes in any portion thereof during the Lease Termother materially adverse way, Landlord may pay the Security Deposit to any subsequent owner then Tenant shall obtain from a different issuer a substitute letter of credit that complies in conformity all respects with the provisions requirements of Section 1950.7 of the California Civil Code and/or any successor statutethis paragraph, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor's failure to obtain such substitute letter of credit within 10 days following its receipt of Landlord's demand therefor (and Tenant's failure to do so shall, notwithstanding anything in this lease to the contrary, constitute a Default for which there shall be no notice or grace or cure period applicable thereto other than the aforesaid 10 day period) shall entitle Landlord to immediately draw upon the then existing letter of credit in whole or in part, without notice to Tenant and to hold the proceeds thereof as the Security Deposit. If the issuer of the letter of credit is insolvent or placed into receivership or conservatorship by the Federal Deposit Insurance Corporation or Resolution Trust Corporation, or any successor or similar entity, or if a trustee, receiver or liquidator is appointed for the issuer, then Tenant shall obtain from a different issuer a substitute letter of credit that complies in all respects with the requirements of this paragraph, and prepare ▇▇▇▇▇▇'s failure to obtain such substitute letter of credit within 10 days following its receipt of Landlord's demand therefor (and ▇▇▇▇▇▇'s failure to do so shall, notwithstanding anything in this lease to the contrary, constitute a final accounting Default for which there shall be no notice or grace or cure periods applicable thereto other than the aforesaid 10 day period) shall entitle Landlord to immediately draw upon then existing letter of credit in whole or in part, without notice to Tenant and to hold the proceeds thereof as the Security Deposit. Landlord shall have the right to assign its interest (including, without limitation, a collateral assignment thereof) in any letter of credit delivered to it by Tenant pursuant to this paragraph to the holder of any Mortgage and Landlord shall give notice of any such assignment to Tenant. If requested by any such Mortgagee, Tenant shall obtain an amendment to such letter of credit which names such Mortgagee as the beneficiary thereof in lieu of Landlord. Any failure or refusal of the issuer to honor the letter of credit shall be at Tenant's sole risk and shall not relieve Tenant of its obligations hereunder with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rent.

Security Deposit. Upon Tenant’s the later of execution of this Lease, Tenant shall Amendment and Landlord's receipt of Tenant's deposit with Landlord in the amount set forth in Article 1 as of $150,000.00 (the “"Security Deposit” "), Landlord agrees to waive the requirement of a letter of credit as security for Tenant's obligations under the performance by Tenant of the terms of this Lease to be performed by Tenant, and not as prepayment of rentLease. Landlord may apply such portion all or portions part of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly unpaid Rent or Additional Rent or a late charge or interest on defaulted rent, or to cure any other monetary payment obligation defaults of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to . If Landlord if not surrendered in the condition required pursuant to the provisions uses any part of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedDeposit, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to its original amount within 1O business days after Landlord's written request. Tenant's failure to do so shall be a default under the full original sumLease and the overdue amount shall accrue interest as any delinquent payment. If twice within any 12 month period, late charges are assessed against Tenant by Landlord, Landlord shall not be deemed a trustee of may, by written notice to Tenant, require Tenant to pay Landlord an amount equal to two months Base Rent as an increase in the Security Deposit. Landlord may use , due within 5 business days after Tenant's receipt of the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Depositnotice. If Landlord transfers its interest in the Leased Premises or any portion thereof during the Lease TermPremises, Landlord may pay shall transfer the Security Deposit to any subsequent owner its successor in conformity with interest, and notify Tenant in writing of such transfer, including the provisions of Section 1950.7 date of the California Civil Code and/or any successor statutetransfer, in which event the transferring landlord amount transferred, and the name and address of the transferee, whereupon Landlord shall be automatically released from all any liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives If, at the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender end of the Leased Premises by Term, Tenant has fully complied with all obligations under the Lease, then the remaining Security Deposit shall be returned to Tenant after Landlord within which to inspect has verified that Tenant has fully vacated the Leased Premises, make required restorations removed all of its property and repairssurrendered the Premises in the condition required; provided that Landlord may hold back a reasonable portion of the Security Deposit until final determination of Tenant's Share of Common Expenses due hereunder, receive which shall be made no later than 6 months following the expiration of the Term or earlier termination of the Lease, whereupon any final adjustment shall be made and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting any remaining Security Deposit shall be returned to Tenant. Landlord's obligations with respect to the Security Deposit. In no event shall Deposit are those of a debtor and not of a trustee, and Landlord can commingle the Security Deposit with Landlord's general funds and no interest shall be paid to Tenant on the Security Deposit. If the Premises is further increased in size due to any option Tenant exercises or any portion thereofotherwise, the Security Deposit shall be considered prepaid rentincreased to an amount to be determined by Landlord at the time of expansion.

Security Deposit. Upon Tenant’s execution of this Lease, Tenant shall agrees to deposit with Landlord the amount set forth in Article 1 as the “Security Deposit” $198,800.00 as security for the performance by Tenant of the terms every covenant and condition of this Lease by Tenant to be performed (the “Security Deposit”). Notwithstanding the foregoing, Landlord has waived the requirement of Tenant to deposit with Landlord the Security Deposit in the amount set forth in this Section 3.06 concurrently upon the execution of this Lease. Nevertheless, if Tenant defaults in the timely payment of the Base Rent or any Additional Rent required under this Lease on more than two (2) occasions during the Term of this Lease, then Tenant shall be required, within ten (10) days written notice from Landlord to deposit with Landlord the Security Deposit as security for Tenant’s complete performance of its obligations under this Lease and the remainder of the terms and provisions of this Section 3.06 shall be applicable to the Security Deposit. The failure by TenantTenant to deposit with Landlord the Security Deposit as required hereunder shall constitute a material default under this Lease and Landlord shall not be required to deliver to Tenant any further notice of such default or allow any grace period for the cure of such default. Said deposit may be commingled with other funds of Landlord, and shall bear no interest. Upon the deposit of the Security Deposit, if Tenant shall default with respect to any covenant or condition of this Lease, including, but not as prepayment limited to, the payment of rent. any sum due hereunder, then Landlord may apply use such portion or portions of the Security Deposit as are reasonably is necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statutecure such default. In the event Landlord so uses the Security Deposit in part or any portion thereof is so usedin whole, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to will restore the Security Deposit to the full original sumrequired amount upon notice of said default and failure to do so shall be a default under this Lease. Landlord shall not be deemed a trustee Should Tenant comply with all of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business covenants and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Termconditions of this Lease, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion balance thereof shall be returned to Tenant at the expiration of the Term thereof, . The Security Deposit shall not be considered prepaid rentdeemed an advanced payment of Rent or measure of Landlord’s damages for any default hereunder by Tenant.

Security Deposit. Upon Tenant’s execution of Tenant shall, at the time that Tenant executes and delivers this LeaseLease to Landlord, Tenant shall pay to Landlord a security deposit with Landlord (the “Security Deposit”) in the amount set forth in Article Exhibit 1 as the “Security Deposit” as security for the performance by Tenant of the terms of this Lease to be performed by securing Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant ’s obligations under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit be deemed to be a prepayment of rent or a measure of liquidated damages. ▇▇▇▇▇▇ agrees that no interest shall accrue on the Security Deposit and that Landlord shall have the right to commingle the Security Deposit with other funds of Landlord. In the event that Tenant shall default in any of its obligations under this Lease, Landlord shall have the right, without prior notice to Tenant, to apply the Security Deposit (or any portion thereof) towards the cure of any such default. Tenant shall promptly, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount of the Security Deposit. In addition, in the event of a termination based upon the default of Tenant under this Lease, or a rejection of this Lease pursuant to the provisions of the Federal Bankruptcy Code, Landlord shall have the right to apply the Security Deposit (from time to time, if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at ▇▇▇▇▇▇▇▇’s election, be considered prepaid rentapplied first to any unpaid rent and other charges which were due prior to the filing of the petition for protection under the Federal Bankruptcy Code. The application of all or any part of the Security Deposit to any obligation or default of Tenant under this Lease shall not deprive Landlord of any other rights or remedies Landlord may have or constitute a waiver by Landlord. Provided that Tenant is not in default of any of its obligations under this Lease at the expiration of the Term, Landlord shall refund to Tenant any portion of the Security Deposit which Landlord is then holding.

Security Deposit. Upon Tenant’s execution 9.1. Tenant has deposited with Landlord the sum set forth in Section 2.6 (the “Security Deposit”), which sum shall be held by Landlord as security for the faithful performance by Tenant of all of the terms, covenants and conditions of this Lease to be kept and performed by Tenant during the period commencing on the Execution Date and ending upon the expiration or termination of this Lease. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, any provision relating to the payment of Rent, then Landlord may (but shall not be required to) use, apply or retain all or any part of the Security Deposit for the payment of any Rent or any other sum in default, or to compensate Landlord for any other loss or damage that Landlord may suffer by reason of Tenant’s default. If any portion of the Security Deposit is so used or applied, then Tenant shall, within ten (10) days following demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount, and Tenant’s failure to do so shall be a material breach of this Lease. The provisions of this Article 9 shall survive the expiration or earlier termination of this Lease. TENANT HEREBY WAIVES THE REQUIREMENTS OF SECTION 1950.7 OF THE CALIFORNIA CIVIL CODE, AS THE SAME MAY BE AMENDED FROM TIME TO TIME. 9.2. In the event of bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for all periods prior to the filing of such proceedings. 9.3. Landlord may deliver to any purchaser of Landlord’s interest in the Premises the funds deposited hereunder by Tenant, and thereupon Landlord shall be discharged from any further liability with respect to such deposit. This provision shall also apply to any subsequent transfers. 9.4. If Tenant shall deposit with Landlord the amount set forth in Article 1 as the “Security Deposit” as security for the performance by Tenant of the terms fully and faithfully perform every provision of this Lease to be performed by it, then the Security Deposit, or any balance thereof, shall be returned to Tenant (or, at Landlord’s option, to the last assignee of Tenant’s interest hereunder) within thirty (30) days after the expiration or earlier termination of this Lease. 9.5. Provided that Tenant is not then in default of its obligations under this Lease, upon the expiration of the thirty-sixth (36th) month of the Term, the Security Deposit requirement shall be reduced to $78,889.20 and not as prepayment (a) Landlord shall, on or before the end of rent. Landlord may apply such portion or portions the thirty-seventh (37th) month of the Term, refund to Tenant the amount of the Security Deposit held by Landlord in excess thereof or (b) the amount of the L/C Security (as are reasonably necessary for the following purposes: (idefined below) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rentshall be reduced accordingly, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premisesas applicable. 9.6. In this regard, Tenant hereby waives any restriction on the uses to which If the Security Deposit may shall be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event cash, Landlord shall deposit the Security Deposit or any portion thereof is so usedinto an interest-bearing account at a banking organization selected by Landlord. All interest and/or dividends, Tenant shall pay to Landlordif any, promptly upon demandaccruing on the Security Deposit, an amount in cash sufficient to restore less a one percent (1%) per annum charge on the Security Deposit for administrative expenses, shall be added to, held and included within the term Security Deposit and, provided that no Default shall have occurred and be continuing, shall accrue to the full original sumaccount of Tenant. Landlord shall not be deemed required to credit Tenant with any interest for any period during which Landlord does not receive interest on the Security Deposit. 9.7. The Security Deposit may be in the form of cash, a trustee letter of credit or any other security instrument acceptable to Landlord in its sole discretion. Tenant may at any time, except during Default, deliver a letter of credit (the “L/C Security”) as the entire Security Deposit, as follows. (a) If Tenant elects to deliver L/C Security, then Tenant shall provide Landlord, and maintain in full force and effect throughout the Term, a letter of credit in the form of Exhibit H issued by an issuer reasonably satisfactory to Landlord, in the amount of the Security Deposit, with an initial term of at least one year. Landlord hereby approves of Silicon Valley Bank as the issuer of Tenant’s L/C Security. If, at the Term Expiration Date, any Rent remains uncalculated or unpaid, then: (i) Landlord shall with reasonable diligence complete any necessary calculations; (ii) Tenant shall extend the expiry date of such L/C Security from time to time as Landlord reasonably requires; and (iii) in such extended period, Landlord shall not unreasonably refuse to consent to an appropriate reduction of the L/C Security. Tenant shall reimburse Landlord’s actual legal costs (as calculated by Landlord’s counsel) in handling Landlord’s acceptance of L/C Security or its replacement or extension. (b) If Tenant delivers to Landlord satisfactory L/C Security in place of the entire Security Deposit, Landlord shall remit to Tenant any cash Security Deposit Landlord previously held. (c) Landlord may use draw upon the L/C Security, and hold and apply the proceeds in the same manner and for the same purposes as the Security Deposit in Deposit, if: (i) an uncured Default exists; (ii) as of the date 30 (thirty) days before any L/C Security expires (even if such scheduled expiry date is after the Term Expiration Date) Tenant has not delivered to Landlord an amendment or replacement for such L/C Security, reasonably satisfactory to Landlord’s ordinary , extending the expiry date to the earlier of (1) six (6) months after the then-current Term Expiration Date or (2) the date one year after the then-current expiry date of the L/C Security; (iii) the L/C Security provides for automatic renewals, Landlord asks the issuer to confirm the current L/C Security expiry date, and the issuer fails to do so within ten (10) business days; (iv) Tenant fails to pay (when and as Landlord reasonably requires, provided that Tenant shall not be required to segregate it from pay any such charges earlier than twenty (20) days following Landlord’s general accountsdemand therefor) any bank charges for Landlord’s transfer of the L/C Security; or (v) the issuer of the L/C Security ceases, or announces that it will cease, to maintain an office in the city where Landlord may present drafts under the L/C Security, and Tenant fails to obtain a replacement letter of credit conforming to the requirements of this Lease at least fifteen (15) business days prior to such cessation. This paragraph does not limit any other provisions of this Lease allowing Landlord to draw the L/C Security under specified circumstances. (d) Tenant shall not be entitled seek to any interest on the Security Deposit. enjoin, prevent, or otherwise interfere with Landlord’s draw under L/C Security, even if it violates this Lease. (e) If Landlord transfers its interest in the Leased Premises or any portion thereof during Premises, then Tenant shall at Tenant’s expense, within five Business Days after receiving a request from Landlord, deliver (and, if the Lease Termissuer requires, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 consent to) an amendment to the contraryL/C Security naming Landlord’s grantee as substitute beneficiary. If the required Security changes while L/C Security is in force, then Tenant shall deliver (and, if the issuer requires, Landlord shall consent to) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect corresponding amendment to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rentL/C Security.

Security Deposit. Upon with the execution and delivery of this Lease by Tenant, Tenant shall deliver to Landlord an unconditional, irrevocable and renewable standby letter of credit (the “Letter of Credit”) naming Landlord as beneficiary, in favor of Landlord and in the form attached hereto as Appendix 5, or other form reasonably acceptable to Landlord. The Letter of Credit shall be issued by a bank reasonably satisfactory to Landlord with a branch located in California in the principal amount of $179,697.00 (hereinafter, the “Stated Amount”). The form and content of the Letter of Credit shall conform to International Standby Practices 1998 International Chamber of Commerce Publication No. 590. The Letter of Credit shall state that an authorized officer or other representative of Landlord may make demand on Landlord’s execution of behalf for the Stated Amount, or any portion thereof, upon certifying that such sum is due and owing to Landlord under this Lease, Tenant and that the issuing bank must immediately honor such demand, without qualification or satisfaction of any conditions, except the proper identification of the party making such demand. In addition, the Letter of Credit shall deposit indicate that it is freely transferable in its entirety by Landlord as beneficiary to any person or entity to whom Landlord’s leasehold interest in the Building is transferred by Landlord, and that upon receiving written notice of transfer certifying that Landlord’s leasehold interest in the Building has been transferred to such transferee, and upon presentation to the issuing bank of the original Letter of Credit together with Landlord’s payment of the issuing bank’s fee required for transfer of the Letter of Credit from Landlord to such transferee, the amount set forth in Article 1 issuer or confirming bank will reissue the Letter of Credit naming such transferee as the “Security Deposit” beneficiary. The Letter of Credit may be re-issued or renewed provided that except as security for provided herein, the performance by Tenant Letter of Credit amount shall not be reduced below the Stated Amount at any time during the Term of the terms Lease. Each renewal or replacement Letter of this Lease Credit shall be in substantially the same form as the original Letter of Credit or such form as is otherwise reasonably acceptable to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statuteLandlord. In the event that Tenant fails to renew or re-issue the Security Deposit Letter of Credit at least twenty (20) days prior to the expiration of the then existing Letter of Credit, Landlord shall be entitled to make demand for the Stated Amount of said Letter of Credit and, thereafter, to hold such funds as a cash security deposit in accordance with Section 2.6.5 of the Lease. Once deposited with Landlord, the Letter of Credit (or a replacement thereof reasonably acceptable to Landlord) shall remain in effect for a period of at least sixty (60) days following the Term Expiration. Upon any Default by Tenant beyond the applicable cure period, Landlord may (but shall not be required to) draw upon all or any portion thereof of the Stated Amount of the Letter of Credit, and Landlord may then hold such proceeds as a cash security deposit and/or use, apply or retain all or any part of the proceeds for the payment of any sum which is in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant’s default or to compensate Landlord for any loss or damage which Landlord may suffer by reason of Tenant’s default. If any portion of the Letter of Credit proceeds is so usedused or applied, Tenant shall pay to Landlordshall, promptly upon demandwithin ten (10) days after demand therefor, post an additional Letter of Credit in an amount to cause the aggregate amount of the unused proceeds and such new Letter of Credit to equal the Stated Amount required in cash sufficient to restore the Security Deposit to the full original sumthis Section 2.6. Landlord shall not be deemed a trustee required to keep any proceeds from the Letter of Credit separate from its general funds. Should Landlord transfer its interest in the Premises during the Lease Term Landlord shall deposit with the purchaser thereof the Letter of Credit and all proceeds of the Security DepositLetter of Credit required under this Lease to be held by Landlord immediately prior to such transfer, thereupon Landlord shall be discharged from any further liability with respect to the Letter of Credit and said proceeds. Any remaining proceeds of the Letter of Credit held by Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during after expiration of the Lease Term, Landlord may pay the Security Deposit after any deductions described in this Section 2.6.1, shall be returned to any subsequent owner in conformity with the provisions of Section 1950.7 Tenant or, if there has been an assignment of the California Civil Code and/or any successor statuteLease, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period last assignee of ninety (90) days following a surrender Tenant’s interest hereunder, after all of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmenTenant’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rentobligations have been fulfilled.

Security Deposit. Upon Tenant’s execution of this Lease, Tenant The Security Deposit shall deposit with be held by Landlord the amount set forth in Article 1 as the “Security Deposit” as security for the performance of Tenant's obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of Landlord's damages in case of Tenant's default. Upon each occurrence of a Default, Landlord may use all or part of the Security Deposit to pay delinquent payments due under this Lease, and the cost of any damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Upon any such use of all or any portion of the Security Deposit, Tenant shall pay Landlord on demand the amount that will restore the Security Deposit to its original amount. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings. Landlord's obligation respecting the Security Deposit is that of a debtor, not a trustee; no interest shall accrue thereon. The Security Deposit shall be the property of Landlord, but the balance remaining, if any, after Tenant's obligations under this Lease have been completely fulfilled shall be paid to Tenant. Landlord shall be released from any obligation with respect to the Security Deposit upon transfer of this Lease and the Premises to a person or entity assuming Landlord's obligations under this Section 6. Tenant hereby waives the provisions of any law, now or hereafter in force, which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of the terms Tenant or any officer, employee, agent or invitee of Tenant. If Tenant shall fully perform every provision of this Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rentDeposit, or any other monetary payment obligation balance thereof, shall be returned to Tenant (or, at Landlord's option, to the last assignee of Tenant under Tenant's interest hereunder) within 60 days after the expiration or earlier termination of this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rent.

Security Deposit. Upon Tenant’s Concurrently with its execution of this Lease, Tenant shall deposit with deliver to Landlord the amount set forth identified in Article 1 the Basic Lease Information as the “Security Deposit” Deposit to be held by Landlord without liability for interest (unless required by Law) as security for the performance by Tenant of the terms Tenant’s obligations. The Security Deposit is not an advance payment of this Lease to be performed by Tenant, and not as prepayment Rent or a measure of rentdamages. Landlord may apply such portion from time to time, without prejudice to any other remedy provided in this Lease or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent Law, use all or a late charge or interest on defaulted rent, or any other monetary payment obligation portion of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sumextent necessary to satisfy past due Rent or to satisfy Tenant’s Default under this Lease or to reimburse or compensate Landlord for any liability, expense, loss or damage which Landlord may suffer or incur and has a right of recovery for the same from Tenant. If Landlord shall not be deemed a trustee so uses or applies all or any portion of the Security Deposit, then within fifteen (15) days after demand therefore, Tenant shall deposit cash with Landlord in an amount sufficient to restore the deposit to the full amount thereof, and Tenant’s failure to do so shall constitute a Default under this Lease. Landlord may use If there are no payments to be made from the Security Deposit as set out in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to this paragraph, or if there is any interest on balance of the Security Deposit remaining after all payments have been made, the Security Deposit, or such balance thereof remaining, will be refunded to the Tenant after the expiration or earlier termination of this Lease. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the benefit of the provisions of California Civil Code Section 1950.7 1950.7. In the event of an act ▇▇▇▇▇▇▇▇.v9 of bankruptcy by or insolvency of Tenant or the appointment of a receiver for Tenant or general assignment for the benefit of ▇▇▇▇▇▇’s creditors, the Security Deposit shall be deemed immediately assigned to Landlord. Except in the contrary) event of a period current unresolved Tenant Default, at the end of ninety the Term the Landlord will deliver the Security Deposit to Tenant within forty five (9045) days following a the Landlord’s acceptance of the surrender of the Leased Premises upon the expiration date of this Lease delivered by Tenant in accordance with the surrender conditions set forth herein. Provided that Tenant is not in default under the terms and conditions of this Lease, Tenant will have the right to substitute the cash Security Deposit described in the Basic Lease Information for a clean, irrevocable, unconditional and transferable standby letter of credit in the same amount (“Letter of Credit”) issued by and drawn upon a reputable commercial bank or financial institution (the “Issuing Bank”), which Letter of Credit shall have a term of not less than one year, and, be in the amount of $188,023.50. If in accordance with the terms of Section 4.1(a) above, Tenant has not provided the Letter of Credit to Landlord with the delivery of the Lease and has delivered the Security Deposit to the Landlord then upon delivery to Landlord of an approved original Letter of Credit the Landlord shall deliver to Tenant the cash Security Deposit within ten (10) business days of receipt of the approved original Letter of Credit. The Letter of Credit shall provide that: (i) the Issuing Bank shall pay to Landlord an amount up to the face amount of the Letter of Credit upon presentation of a signed draw down demand form acceptable to Issuing Bank delivered either by electronic mail or facsimile to cure a default by Tenant after notice of default from Landlord and certification from Landlord that a default has occurred under the Lease and is continuing; (ii) the Letter of Credit shall be automatically renewed, without amendment, for consecutive periods of one year each during the Term of this Lease not to extend beyond the Expiration Date; (iii) the Issuing Bank will retain the right to deliver written notice (the “Non-Renewal Notice”) to Landlord not less than thirty (30) days preceding the then expiration date of the Letter of Credit, that it elects not to renew such Letter of Credit and in the event that the Issuing Bank sends a Non-Renewal Notice, Tenant shall have thirty (30) days to provide Landlord with a substitute Letter of Credit acceptable to Landlord in the commercially reasonable exercise of its judgment or to post the cash Security Deposit. In the event that ▇▇▇▇▇▇ fails within said thirty (30) day period to provide Landlord with a substitute Letter of Credit or cash Security Deposit, Landlord shall have the right to draw the full amount of the Letter of Credit (which moneys shall be held by Landlord as a cash Security Deposit pursuant to inspect the Leased Premisesterms of this Section 7). If Landlord makes a draw upon the Letter of Credit then any balance of the drawn monies received by Landlord not applied to cure a default will be held by Landlord as Security Deposit for the remainder of the Term. If a draw upon the Letter of Credit is made by Landlord due to a default of Tenant the right to provide Landlord a Letter of Credit as alternative security to delivery of the cash Security Deposit shall be suspended for the remainder of the Term unless, make required restorations in Landlord’s sole and repairsabsolute discretion without any obligation to approve the same, receive and verify workmen’s b▇▇▇▇▇▇▇▇ thereforagrees to permit Tenant to provide a replacement clean, irrevocable, unconditional and prepare transferable standby letter of credit upon the terms described in this Section 7 with any other commercially reasonable conditions required by Landlord. Tenant acknowledges and agrees that the Letter of Credit shall be at all times a final accounting with respect third party obligation of the Issuing Bank to the Security DepositLandlord and independent of the terms of this Lease. In no event The terms of this Section 7 shall expressly survive the Security Deposit expiration or any portion thereof, be considered prepaid rent.earlier termination of the Lease. 60447235.v9

Security Deposit. Upon Tenant’s execution If LICENSEE defaults under any of the terms or conditions of this LeaseAgreement more than two times during any twelve consecutive months during the term of this Agreement, Tenant LICENSEE agrees, that in addition to curing such event of default, it shall pay LICENSOR a security deposit with Landlord the amount set forth in Article 1 as the “equal to $25,000 ("Security Deposit” "), which will be held by LICENSOR without interest as security for the full and faithful performance by Tenant LICENSEE of LICENSEE's covenants and obligations under this Agreement, it being expressly understood that such deposit is not an advance payment of license fees or a measure of LICENSOR's damages if LICENSEE defaults again. Following the terms of this Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions payment of the Security Deposit as are reasonably necessary for Deposit, upon the following purposes: (i) occurrence of any event of default by LICENSEE, LICENSOR may, from time to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted renttime, or without prejudice to any other monetary payment obligation of Tenant under remedy provided in this Lease; (ii) to repair damage to Agreement or by law, use the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant Security Deposit to the extent permitted necessary to make good any arrearages of payment owed by Law including, without limitation, paying in full on Tenant’s behalf LICENSEE to LICENSOR or any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses amount as to which LICENSEE is in default or for any other damage, injury, expense, or liability caused to LICENSOR by such event of default, regardless whether such damages or deficiency accrue before or after termination of this Agreement. Following any such application of the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedDeposit, Tenant shall LICENSEE agrees to pay to Landlord, promptly upon demand, an LICENSOR on demand the amount so applied in cash sufficient order to restore the Security Deposit to the full its original sum. Landlord shall not be deemed a trustee amount and LICENSEE's failure to do so within ten days of the date of demand will be, at LICENSOR's election, a material default under this Agreement. If LICENSEE is not in default of this Agreement upon the termination of this Agreement, LICENSOR agrees to return any remaining balance of such Security DepositDeposit to LICENSEE within thirty days of the date of the termination of this Agreement. Landlord may use LICENSOR's deduction of any amounts owed by LICENSEE to LICENSOR from the Security Deposit will in Landlord’s ordinary business and shall no event release LICENSEE from being in default under the terms of this Agreement. LICENSOR will not be required to segregate keep this Security Deposit separate from its general funds. LICENSEE agrees that it from Landlord’s general accounts. Tenant shall will not assign or encumber, or attempt to assign or encumber, the monies deposited under this Agreement as security, and that LICENSOR and its successors and assigns will not be entitled to bound by any interest on the Security Depositsuch actual or attempted assignment or encumbrance. If Landlord transfers LICENSEE cures the Leased Premises or any portion thereof during event of default that triggered the Lease Term, Landlord may pay obligation to put up the $25,000 Security Deposit and is not then in default, LICENSOR agrees to any subsequent owner in conformity with refund the provisions of Section 1950.7 $25,000 amount put as a Security Deposit within ten days of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return date of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rentLICENSEE's request.

Security Deposit. Upon Tenant’s execution of this Lease, Tenant Subtenant shall deposit with Landlord Sublandlord the amount set forth in Article 1 as sum of $23,364.84 (the “Security Deposit” ”) as security for the performance by Tenant Subtenant of the terms provisions of this Lease Sublease. If Subtenant defaults with respect to be performed by Tenantany provision of this Sublease, and not as prepayment including payment of rent. Landlord the Rent, Sublandlord may apply such portion use, apply, draw upon or portions retain all or any part of the Security Deposit as are reasonably to the extent necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rentany Rent, or to compensate Sublandlord for any other monetary payment obligation loss, cost or damage which Sublandlord may suffer by reason of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions Subtenant’s default. If any portion of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlordapplied, promptly upon demandor drawn upon, Subtenant shall, within ten (10) days after notice thereof, deposit cash with Sublandlord in an amount in cash sufficient to restore the Security Deposit to the full its original sumamount. Landlord Subtenant’s failure to do so shall not be deemed a trustee breach of the Security Depositthis Sublease. Landlord may use Sublandlord shall not, unless otherwise required by law, be required to keep the Security Deposit in Landlord’s ordinary business and shall not be required separate from its general funds, nor pay interest to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security DepositSubtenant. If Landlord transfers the Leased Premises or any portion thereof during the Lease TermSubtenant shall fully and faithfully perform every provision of this Sublease to be performed by it, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereofbalance thereof shall be returned to Subtenant (or to the last transferee of Subtenant’s interest hereunder) within thirty (30) days after the expiration of the Term (or sooner termination of this Sublease) and upon Subtenant’s vacation of the Premises in accordance with this Sublease. If the Lease is assigned, the Security Deposit shall be considered prepaid renttransferred to the assignee, and thereupon Sublandlord shall be discharged from further liability with respect thereto.

Security Deposit. Upon The Security Deposit shall be held by Landlord as security for the performance of Tenant’s execution 's obligations under this Lease. If Tenant fails to pay Rent, or otherwise an Event of Default occurs under this Lease, Landlord may use, apply or retain all or any portion of said Security Deposit for the payment of any amount already due Landlord, for Rents which will be due in the future, and/or to reimburse or compensate Landlord for any liability, expense, loss or damage which Landlord may suffer or incur by reason thereof. If Landlord uses or applies all or any portion of the Security Deposit, Tenant shall within 10 days after written request therefor deposit monies with Landlord sufficient to restore said Security Deposit to the full amount required by this Lease. If the Base Rent increases during the term of this Lease, Tenant shall shall, upon written request from Landlord, deposit additional monies with Landlord so that the total amount set forth in Article 1 as the “Security Deposit” as security for the performance by Tenant of the terms of this Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit shall at all times bear the same proportion to the increased Base Rent as are reasonably necessary the initial Security Deposit bore to the initial Base Rent. Should the Permitted Use be amended to accommodate a material change in the business of Tenant or to accommodate a sublessee or assignee, Landlord shall have the right to increase the Security Deposit to the extent necessary, in Landlord's reasonable judgment, to account for any increased wear and tear that the following purposes: Premises may suffer as a result thereof. Landlord may use, apply or retain all or any portion of the Security Deposit (i) first, for Tenant's repair obligations, including without limitation, the obligation to remedy any Event of Default by Tenant in restore the Premises to the condition required under this Lease, (ii) second, to the payment of Base Monthly Rent any rent or Additional Rent other sum in default or a late charge or interest on defaulted rent, or for the payment of any other monetary payment obligation sum to which Tenant may become obligated by reason of Tenant's default, and (iii) third, to compensate Landlord for any loss or damage which Landlord may suffer thereby. If a change in control of Tenant occurs during this Lease and following such change the financial condition of Tenant is, in Landlord's reasonable judgment, significantly reduced, Tenant shall deposit such additional monies with Landlord as shall be sufficient to cause the Security Deposit to be at a commercially reasonable level based on such change in financial condition. Landlord shall not be required to keep the Security Deposit separate from its general accounts. Within 90 days after the expiration or termination of this Lease, Landlord shall return that portion of the Security Deposit not used or applied by Landlord. Landlord shall upon written request provide Tenant with an accounting showing how that portion of the Security Deposit that was not returned was applied. No part of the Security Deposit shall be considered to be held in trust, to bear interest or to be prepayment for any monies to be paid by Tenant under this Lease; Lease (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased PremisesBase Rent). In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 1950.7, and all other provisions of law, now or hereafter in force, which may provide that Landlord can claim from a security deposit only those sums reasonably necessary to remedy defaults in the contrary) a period payment of ninety (90) days following a surrender of the Leased Premises rent, to repair damage caused by Tenant or to Landlord within which to inspect clean the Leased Premises, make required restorations and repairsit being agreed that Landlord may, receive and verify workmen’s b▇▇▇▇▇▇▇ thereforin addition, and prepare a final accounting with respect claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the Security Deposit. In no event shall the Security Deposit act or omission of Tenant or any portion thereofofficer, be considered prepaid rentemployee or agent of Tenant.

Security Deposit. Upon Tenant’s execution of this Lease, Tenant shall deposit with Landlord the amount set forth Security Deposit specified in Article 1 as the “Security Deposit” as security for the performance by Tenant of the terms of this Lease to be performed by Tenant, and not as prepayment of rent. Section I. Landlord may apply such portion all or portions part of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly unpaid Rent or Additional Rent or a late charge or interest on defaulted rent, or to cure any other monetary payment obligation defaults of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to . If Landlord if not surrendered in the condition required pursuant to the provisions uses any part of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedDeposit, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to its original amount within 10 days after Landlord’s written request. Tenant’s failure to do so shall be a default under this Lease and the full original sumoverdue amount shall accrue interest as any delinquent payment. If twice within any 12 month period, late charges are assessed against Tenant by Landlord. Landlord shall not be deemed a trustee of may, by written notice to Tenant, require Tenant to pay Landlord an amount equal to two months Base Rent as an increase in the Security Deposit. Landlord may use , due within 5 days after Tenant’s receipt of the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Depositnotice. If Landlord transfers its interest in the Leased Premises or any portion thereof during the Lease TermPremises, Landlord may pay shall transfer the Security Deposit to any subsequent owner its successor in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statuteinterest, in which event the transferring landlord whereupon Landlord shall be automatically released from all any liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives If, at the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender end of the Leased Premises by Term, Tenant has fully complied with all obligations under this Lease, then the remaining Security Deposit shall be returned to Tenant after Landlord within which to inspect has verified that Tenant has fully vacated the Leased Premises, make required restorations removed all of its property and repairssurrendered the Premises in the condition required; provided that Landlord may hold back a portion of the Security Deposit until final determination of Tenant’s Share of Common Expenses due hereunder, receive whereupon any final adjustment shall be made and verify workmenany remaining Security Deposit shall be returned to Tenant. Landlord’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting obligations with respect to the Security Deposit. In no event shall Security’ Deposit are those of a debtor and not of a trustee, and Landlord can commingle the Security Deposit or any portion thereof, with Landlord’s general funds and no interest shall be considered prepaid rentpaid to Tenant on the Security Deposit.

Security Deposit. Upon Tenant’s execution of this LeaseIf so specified in the Basic Lease Information, Tenant shall deposit with Landlord the amount set forth in Article 1 as Security Deposit upon the “execution of this Lease by Tenant. The Security Deposit” Deposit shall be held by Landlord as security for the performance by Tenant of the terms all its obligations under this Lease. If Tenant fails to pay any Rent due hereunder, or otherwise commits a default (after applicable notice and cure periods) with respect to any provision of this Lease to be performed by TenantLease, and not as prepayment of rent. Landlord may use, apply such or retain all or any portion or portions of the Security Deposit as are for the payment of any such Rent or for the payment of any other amounts expended or incurred by Landlord by reason of Tenant's default, or to compensate Landlord for any loss or damage which Landlord may incur thereby (subject to the provisions of California Civil Code Section 1950.7(c) and any similar or successor statute providing that Landlord may claim from a security deposit only those sums reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant defaults in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rentRent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) , or to clean and restore and repair the Leased Premises following their surrender to Premises). Exercise by Landlord if of its rights hereunder shall not surrendered in the condition required pursuant to the provisions of Article 2constitute a waiver of, and (iv) to remedy or relieve Tenant from any other Event of Default of Tenant to the extent permitted by Law includingliability for, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen default. If Landlord so uses or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit applies all or any portion thereof is so usedof the Security Deposit, Tenant shall pay to shall, within ten (10) days after demand by Landlord, promptly upon demand, deposit cash with Landlord in an amount in cash sufficient to restore the Security Deposit to its full amount. If Tenant performs all of Tenant's obligations hereunder, the full original sumSecurity Deposit, or so much thereof as has not theretofore been applied by Landlord, shall be returned, without interest, to Tenant (or, at Landlord's option, to the last assignee, if any, of Tenant's interest under this Lease) within thirty (30) days after the later of (i) the date of expiration or earlier termination of this Lease, or (ii) vacation of the Premises by Tenant if the Premises has been left in the condition specified by this Lease. Landlord shall not be deemed a trustee Landlord's receipt and retention of the Security Deposit. Deposit shall not create any trust or fiduciary relationship between Landlord may use and Tenant and Landlord need not keep the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it separate from Landlord’s its general accounts. Tenant shall not be entitled Subject to any interest on Section 22.1, upon termination of the Security Deposit. If Landlord transfers the Leased Premises original Landlord's (or any portion thereof during successor owner's) interest in the Lease TermPremises, the original Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord (or such successor) shall be released from all further liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall Deposit upon the Security Deposit original Landlord's (or any portion thereofsuch successor's) compliance with California Civil Code Section 1950.7(d), be considered prepaid rentor successor statute.

Security Deposit. Upon Tenant’s execution of this Lease, Tenant shall deposit the Security Deposit with Landlord on the amount set forth in Article 1 as the “Security Deposit” as security for the performance by Tenant of the terms of date this Lease to be performed is executed by Tenant, which, in the manner described in and subject to the provisions of ,Section (M) of the Basic Lease Terms, shall be held by Landlord to secure Tenant’s obligations under this Lease. The Security Deposit is not as prepayment an advance rental deposit or a measure of rentLandlord’s damages for an Event of Default (defined below). Landlord may apply such use any portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant satisfy Tenant’s unperformed obligations under this Lease; (ii) , to repair damage reimburse Landlord for performing any such obligations or to the Leased Premises caused or permitted compensate Landlord for its damages arising from Tenant’s failure to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law includingperform its obligations, without limitation, paying in full on Tenantprejudice to any of Landlord’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premisesother remedies. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is If so used, Tenant shall shall, upon request, pay to Landlord, promptly upon demand, Landlord an amount in cash sufficient to that will restore the Security Deposit to the full its original sumamount. The Security Deposit shall be Landlord’s property. The Security Deposit shall be maintained by Landlord shall not be deemed in a trustee segregated, non-interest bearing account. The unused portion of the Security DepositDeposit will be returned to Tenant within forty-five (45) days following the Expiration Date (or the date on which Tenant surrenders the Premises, if later) or sooner termination of this Lease, provided that Tenant has vacated the Premises. Landlord may use In the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on event of a sale or other transfer of the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease TermBuilding, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from relieved of all liability for the return of Security Deposit provided that Landlord transfers the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 same to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ thereforpurchaser or transferee, and prepare provided that the purchaser or transferee assumes Landlord’s obligations under this Lease in writing (which may be in the form of a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rentgeneral assignment).

Security Deposit. Upon Tenant’s execution of this LeaseOn the Effective Date, Tenant shall deposit with Landlord the amount Security Deposit as set forth in Article 1 as Paragraph 16 of the “Security Deposit” Summary of Basic Lease Terms as security for the full and faithful performance by Tenant of the terms of this Lease to all Tenant’s obligations hereunder. No interest shall be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of paid upon the Security Deposit as are reasonably necessary for nor shall Landlord be required to maintain the following purposes: (i) to remedy any Event of Default by Tenant deposit in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premisessegregated account. In this regard, Tenant hereby waives any restriction on the uses to which the The Security Deposit may shall not be applied construed as contained in Section 1950.7(c) of the California Civil Code and/or any successor statuteprepaid Rent. In the event that Tenant shall fail to cure a default under this Lease within the time allowed for cure, then Landlord may retain the Security Deposit, or a portion thereof, and apply it toward any damages sustained by Landlord, including but not limited to actual damages sustained by the Landlord by reason of the default of Tenant, including any past due Rent. Upon each such application, Tenant shall, on demand, pay to Landlord the sum so applied, which shall be added to the Security Deposit so that the same shall be restored to the amount first set forth above. In the event of bankruptcy or other debtor-creditor proceedings, either voluntarily or involuntarily instituted by or against Tenant, the Security Deposit shall be deemed to be applied in the following order: to actual damages caused by Tenant beyond ordinary wear and tear, obligations and other charges, including any portion thereof is so used, Tenant shall pay to damages sustained by Landlord, promptly upon demandother than unpaid Rent, an amount in cash sufficient due to restore Landlord for all periods prior to the filing of such proceedings; to accrued and unpaid Rent prior to the filing of such proceeding, and thereafter to actual damages, obligations, other charges and damages sustained by Landlord and Rent due the Landlord for all periods subsequent to such filing. In the event of a sale of the Building, Landlord shall have the right to transfer the Security Deposit to the full original sum. Landlord shall not be deemed a trustee buyer, and, assuming the buyer assumes all of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business obligations under this Lease and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit, Landlord shall have no further obligation regarding the Security Deposit. In no event shall If Tenant is not then in default under this Lease, the Security Deposit or any portion thereof, balance thereof shall be considered prepaid rentreturned to Tenant within forty-five (45) days after expiration of the Lease Term or forty-five (45) days after the final day Tenant occupies the Leased Premises.

Security Deposit. Upon Tenant’s execution of this Lease, Tenant shall deposit has deposited with Landlord the amount Security Deposit set forth in Article 1 as the “Security Deposit” Basic Provisions as security for the full and faithful performance by Tenant of the terms every provision of this Lease to be performed by Tenant. If Tenant fails to pay Base Rent, and not as prepayment Additional Rent or other charges due hereunder or otherwise defaults with respect to any provision of rent. the Lease, Landlord may use, apply such or retain all or any portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of any Base Monthly Rent or Rent, Additional Rent or a late other charge in default or interest on defaulted rentfor the payment of any other sum to which Landlord may become entitled by reason of Tenant’s default, or to compensate Landlord for any other monetary payment obligation of loss or damage which Landlord may suffer thereby. Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean acknowledges and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which agrees that the Security Deposit may be applied as contained is not an advance payment of Rent, nor a measure of or limit on the amount of Landlord’s damages in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit of any default by Tenant. If Landlord uses or applies all or any portion thereof is so usedof the Security Deposit, Tenant shall pay to Landlord, promptly upon within ten (10) days after written demand, deposit cash with Landlord in an amount in cash sufficient to restore the Security Deposit to the full original sumamount stated above and Tenant’s failure to do so shall be a material breach of this Lease. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use required to keep the Security Deposit in Landlord’s ordinary business and shall not be required separate from its general accounts or to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any pay interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay The balance of the Security Deposit after deducting any amounts applied by Landlord as provided above, shall be returned, without payment of interest for its use, to any subsequent owner in conformity with Tenant (or at Landlord’s option, to the provisions last assignee, if any, of Section 1950.7 Tenant’s interest hereunder) within thirty (30) days of the California Civil Code and/or any successor statutelater of (i) the last day of the Term, in which event (ii) the transferring landlord shall be released from date Tenant vacated the Premises, or (iii) the date Tenant has fulfilled all liability for the return of its obligations hereunder. No trust relationship is created between Landlord and Tenant regarding the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rent.

Security Deposit. Upon Tenant’s execution of this Lease, Tenant shall deposit with Landlord Owner agrees to pay to the Marina the amount set forth in Article 1 as the “Security Deposit” as security for the performance by Tenant of the terms of this Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit specified above, to secure the faithful performance of Owner's obligations hereunder. In addition to all remedies that ▇▇▇▇▇▇ ▇▇▇ have under this Agreement, ▇▇▇▇▇▇ ▇▇▇ at its sole option and judgment apply such amounts of said Security Deposit Fee as are reasonably necessary for the following purposesto: (ia) to remedy any Event of Default by Tenant Owner's default in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any the fees and other monetary payment obligation of Tenant under this Leasecharges due hereunder; (iib) to repair damage to the Leased Premises Marina property caused by Owner's or permitted to occur by TenantOwner's family, guests, agents or other invitees; (iiic) clean the berth/mooring/storage space; (d) pay attorneys' fees, litigation expenses and costs incurred in enforcing the Marina's rights and remedies relating to this Agreement; and/or (e) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy satisfy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statuteOwner's obligations hereunder. In the event the this Security Deposit or any portion thereof is so usedapplied as provided herein, Tenant shall pay Owner agrees to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity deposit with the provisions of Section 1950.7 of the California Civil Code and/or any successor statuteMarina, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord within ten (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (9010) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s bafter written demand from ▇▇▇▇▇▇, an amount sufficient to restore said Security Deposit to its original sum. If the amount of the Security Deposit is increased during any term of the Agreement, Owner agrees to pay additional sums as will cause the Security Deposit paid by him/her/it to equal the amount required by the Marina's then current "Rate Schedule." Failure to do so shall constitute a material breach of this Agreement. All Security Deposits are fully earned at the time of payment to Marina. Upon termination of this Agreement any remaining portion of said Security Deposit will be returned to Owner within 30 days following the date the Marina has regained possession of the berth/mooring/storage space and is able to determine the amount of any refund if any, to the Owner. Unless the Marina expressly so approves in writing, Owner may not use any portion of the Security Deposit as payment of the last month's wharfage fees. ▇▇▇▇▇▇ thereforshall have the right to combine said Security Deposit with other funds of the Marina. ▇▇▇▇▇▇ shall not be obligated to, and prepare a final accounting with respect to shall not, pay interest on the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rent.

Security Deposit. Upon Tenant’s execution of this Lease, Tenant shall deposit with Landlord Landlord, cash in the amount of the Security Deposit set forth in Article 1 as the “Security Deposit” as security for Principal Lease Provisions, to secure the performance by Tenant of the terms of its obligations under this Lease to be performed by Lease, including without limitation Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: ’s obligations (i) to remedy any Event of Default by Tenant in the payment of Base pay Basic Monthly Rent or and Additional Rent or a late charge or interest on defaulted rent(as defined below), or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage damages to the Leased Premises and/or the Project caused by Tenant or permitted to occur by Tenant; ’s agents, employees, contractors, licensees, and invitees (collectively, “Tenant’s Invitees”), (iii) to clean and restore and repair surrender the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2by Paragraph 24, below, and (iv) to remedy any other Event of Default by Tenant in the performance of any of its obligations under this Lease. If Tenant commits an Event of Default under this Lease, Landlord may, at its election, use the Security Deposit to the extent permitted cure such Event of Default, and to compensate Landlord for all damage suffered by Law Landlord which are directly attributable to such Event of Default, including, without limitation, paying in full on Tenant’s behalf any sums claimed reasonable attorneys’ fees and costs incurred by materialmen or contractors of Tenant to be owing to them Landlord. Upon demand by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regardLandlord, Tenant hereby waives shall promptly pay to Landlord a sum equal to any restriction on the uses to which portion of the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to used by Landlord, promptly upon demand, an amount in cash sufficient order to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use maintain the Security Deposit in Landlordthe amount set forth in the Principal Lease Provisions. Following the Expiration Date, and within the earlier of 30 days or the time frame otherwise required by applicable law, Landlord shall deliver to Tenant, at Tenant’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or last known address, any portion thereof during the Lease Term, Landlord may pay of the Security Deposit to any subsequent owner not used by Landlord, as provided in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Depositthis Paragraph. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall may commingle the Security Deposit or any portion thereof, be considered prepaid rentwith Landlord’s other funds and Landlord will not pay interest on such Security Deposit to Tenant.

Security Deposit. Upon Tenant’s Letter of Credit. BLC Holdings shall, upon the execution of this LeaseAgreement by BLC Holdings, Tenant shall deposit either (i) cause to be deposited with Landlord PSLT-BLC Holdings cash in the amount set forth in Article 1 as of the “Security Amount (the "Security Deposit” "), or (ii) cause to be delivered to PSLT-BLC Holdings a letter of credit (the "Letter of Credit") issued in favor of PSLT-BLC Holdings in the amount of the Security Amount, as security for the performance and observance by Tenant BLC Holdings of the terms terms, conditions and provisions of this Lease to be performed Agreement and as security for the performance and the observance by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions each of the Security Deposit as are reasonably necessary for Brookdale Lessees of the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rentterms, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean conditions and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2the Property Leases, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors the surrender of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) possession of the California Civil Code and/or any successor statuteFacilities by the Brookdale Lessees as provided in the Property Leases. In Upon the event occurrence and during the Security Deposit continuance of an Event of Default, PSLT-BLC Holdings may draw upon the Letter of Credit or apply any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore of the Security Deposit to the full original sumextent required for the payment of any sum as to which BLC Holdings or the Brookdale Lessee(s) under the Property Lease(s) to which the applicable Event of Default relates is in default or for any sum which PSLT-BLC Holdings may have expended or may be required to expend by reason of the occurrence of such Event of Default, including any damages or deficiency accrued before or after summary proceedings or other re-entry by any Provident Lessor pursuant to any Property Lease. Landlord shall not be deemed a trustee Subject to the provisions of Paragraph 10(b) hereof, if PSLT-BLC Holdings draws upon the Letter of Credit and applies or retains any portion or all of the sum received upon such draw, or applies any portion of the Security Deposit, BLC Holdings shall forthwith take such action as is necessary to restore the face amount of the Letter of Credit to the Security Amount or pay any deficiency to PSLT-BLC Holdings such that the Security Deposit is at all times equal to the Security Amount. Landlord may use The Security Deposit shall be held in a segregated bank account and shall be invested in Permitted Investments. BLC Holdings or the party posting the Security Deposit in Landlord’s ordinary business accordance with the terms and conditions set forth in Paragraph 33(d) below shall not be required responsible for payment of any federal, state or local income or other tax applicable to segregate it income earned from Landlord’s general accountsPermitted Investments. Tenant shall not be entitled to any All interest accruing on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability held by PSLT-BLC Holdings for the return account of BLC Holdings or such other party posting the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect shall be distributed to BLC Holdings or such other party on the Security Deposit. In no event shall fifteenth (15th) day after the Security Deposit or any portion thereof, be considered prepaid rentend of each Lease Year.

Security Deposit. Upon (a) Tenant’s execution 's Security Deposit, which shall be delivered by Tenant to Landlord, together with the first (1st) month's payment of Base Rent and Equipment Space Rent concurrently with Tenant's delivery to Landlord of this LeaseLease as executed by Tenant, Tenant shall deposit with Landlord the amount set forth in Article 1 as the “Security Deposit” be held by Landlord, without liability for interest, as security for the performance of Tenant's obligations under this Lease. Landlord shall not be required to keep the Security Deposit segregated from other funds of Landlord. Tenant shall not assign or in any way encumber the Security Deposit. Upon the occurrence of any default by Tenant (beyond the giving of acceptable notice and the terms passage of this Lease applicable grace periods), Landlord shall have the right, without prejudice to be performed by Tenantany other remedy, to use the Security Deposit, or portions thereof, to the extent necessary to pay any arrearages in Rent, and not as prepayment any other damage, injury or expense. Following any such application of rent. Landlord may apply such all or any portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedDeposit, Tenant shall pay to Landlord, promptly upon on demand, an the amount so applied in cash sufficient order to restore the Security Deposit to the full its original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use amount (or if the Security Deposit is a Letter of Credit, Tenant may either deliver cash, a replacement Letter of Credit, or an additional Letter of Credit). Provided Tenant is not in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Termdefault hereunder, Landlord may pay will return any unapplied portion of the Security Deposit to any subsequent owner Tenant within thirty (30) days following the later to occur of (i) the expiration of the Term, and (ii) Tenant's vacancy of the Premises and Building in conformity accordance with the provisions of Section 1950.7 this Lease. (b) If the Security Deposit is in the form of a Letter of Credit , the Letter of Credit shall (i) be in form and substance satisfactory to Landlord; (ii) name Landlord as its beneficiary; (iii) be drawn on an FDIC insured financial institution satisfactory to the Landlord; (iv) expressly allow Landlord to draw upon it: (A) in the event that the Tenant is in default under the Lease by delivering to the issuer of the California Civil Code and/or Letter of Credit written notice that Landlord is entitled to draw thereunder pursuant to the terms of this Lease; or (B) if Tenant, within sixty (60) days prior to expiration of the Letter of Credit then held by Landlord, fails to provide Landlord with a replacement Letter of Credit meeting the requirements herein; (v) expressly state that it will be honored by the issuer without inquiry into the accuracy of any such notice or statement made by Landlord; (vi) expressly permit multiple or partial draws up to the stated amount of the Letter of Credit; (vii) expressly provide that it is transferable to any successor statuteof Landlord; and (viii) expire no earlier than sixty (60) days after the Expiration Date (alternatively, the Letter of Credit [and any renewals or replacements thereof] may be for a term of not less than one (1) year; in such event Tenant agrees that it shall from time to time, as necessary, [whether as a result of a draw on the Letter of Credit by Landlord pursuant to the terms hereof or as a result of the expiration of the Letter of Credit then in effect], renew or replace the original and any subsequent Letter of Credit so that a Letter of Credit, in the amount required hereunder, is in effect until a date which event is at least sixty (60) days after the transferring landlord Expiration Date. If Tenant fails to furnish such renewal or replacement at least thirty (30) days prior to the stated expiration date of the Letter of Credit then held by Landlord, Landlord may draw upon such Letter of Credit and hold the proceeds thereof [and such proceeds need not be segregated] as a Security Deposit pursuant to the terms of this Article 18). (c) Any renewal of or replacement for the original or any subsequent Letter of Credit shall meet the requirements for the original Letter of Credit as set forth above, except that such replacement or renewal shall be released from all liability for issued by a national bank satisfactory to Landlord at the return time of the issuance thereof. Landlord agrees that in the event of any event which would give Landlord the right to draw upon the Letter of Credit, Landlord shall only draw down such amount as Landlord reasonably believes to be necessary to cure or remedy any default on the part of Tenant and to reimburse Landlord for any costs, expenses or liability incurred in connection with such default; notwithstanding the foregoing, if the amount of any draw upon the Letter of Credit exceeds the amount necessary to reimburse Landlord for such costs, expenses or liability, any excess proceeds of any draw on the Letter of Credit shall be held by Landlord as a Security Deposit. Tenant specifically grants Deposit pursuant to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rentthis Article 18.

Security Deposit. Upon Tenant’s execution of this Lease, Tenant shall deposit with Landlord the amount set forth in Article 1 as the (“Security Deposit” ”), upon Tenant’s execution and submission of this Lease. The Security Deposit shall serve as security for the prompt, full and faithful performance by Tenant of the terms provisions of this Lease. If Tenant commits a Default, or owes any amounts to Landlord upon the expiration or earlier termination of this Lease (including estimated amounts under Article 3, which shall remain subject to be performed by Tenantreconciliation against actual amounts as further provided therein), and not as prepayment of rent. Landlord may use or apply such portion the whole or portions any part of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen obligations hereunder. The use or contractors application of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may or any portion thereof shall not prevent Landlord from exercising any other right or remedy provided hereunder or under any Law and shall not be applied construed as contained in Section 1950.7(c) of the California Civil Code and/or any successor statuteliquidated damages. In the event the Security Deposit is reduced by such use or any portion thereof is so usedapplication, Tenant shall pay to Landlord, promptly upon demanddeposit with Landlord within ten (10) days after notice, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee amount of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it keep the Security Deposit separate from Landlord’s general accounts. Tenant shall not be entitled to any funds or pay interest on the Security Deposit. Any remaining portion of the Security Deposit not used or applied hereunder shall be returned to Tenant (or, at Landlord’s option, to the last assignee of Tenant’s interest in this Lease) within thirty (30) days after Tenant (or such assignee) has vacated the Premises in accordance with Article 23 and this obligation shall survive termination of the Lease. If the Premises shall be expanded at any time, or if the Term shall be extended at an increased rate of Rent, the Security Deposit shall thereupon be proportionately increased. Tenant shall not assign, pledge or otherwise transfer any interest in the Security Deposit except as part of an assignment of this Lease approved by Landlord transfers under Article 13, and any attempt to do so shall be null and void. Landlord shall provide Tenant with written notice of the Leased Premises or any portion thereof during the Lease Term, Landlord may pay transfer of the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rentother party.

Security Deposit. 9.1 Upon Tenant’s execution of this Lease, Tenant shall deposit with Landlord cash in the amount set forth in Article 1 as the “Security Deposit” of $268,583 as security for the faithful performance by Tenant of all of the terms terms, covenants, and conditions of this Lease to be kept and performed by TenantTenant during the term and any extension term hereof If Tenant defaults with respect to any provision of this Lease, and including but not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) limited to remedy any Event of Default by Tenant in provision relating to the payment of Base Monthly Rent, and subject to any notice requirements and cure periods for Tenant’s benefit set forth in Article 24, Landlord may (but shall not be required) to use, apply or retain the security deposit for the payment of any Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) sum in default, or to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to compensate Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy for any other Event loss or damage which Landlord may suffer by reason of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Depositdefault. Landlord may use the Security Deposit security deposit without giving notice of default to Tenant as otherwise required by Article 24 if Landlord is precluded from giving such notice by any provision of the Bankruptcy Code. Tenant hereby grants to Landlord a security interest in the security deposit in accordance with the applicable provisions of the California Commercial Code to secure the obligations of this Lease. 9.2 In the event any or all of the security deposit is used to cure a Tenant default, Tenant shall within fifteen (15) days after request therefore replenish the security deposit to the full amount set forth above. 9.3 In the event of bankruptcy or other debtor/creditor proceedings against Tenant, the security deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for all periods prior to the filing of such proceedings. 9.4 Landlord shall deliver the security deposit to any purchaser of Landlord’s ordinary business interest in the Premises, and thereupon Landlord shall not be required discharged from any further liability with respect thereto provided that such purchaser has agreed to segregate it from Landlord’s general accountsassume in writing the obligations of Landlord hereunder. Tenant This provision shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit also apply to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord transfers. 9.5 The security deposit shall be released from all liability for the return of the Security Deposit. returned to Tenant specifically grants to Landlord within thirty (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (9030) days following a surrender the expiration of the Leased Premises this Lease, except for amounts which are actually used to pay or reimburse Landlord for costs incurred by Tenant Landlord to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or cure any portion thereof, be considered prepaid rentdefault by Tenant.

Security Deposit. Upon Tenant’s execution of this Lease, Tenant shall agrees to deposit the Security Deposit with Landlord on the amount set forth in Article 1 as the “date hereof. The Security Deposit” Deposit shall be retained by Landlord as security for the faithful performance and observance by Tenant of the terms of its obligations under this Lease to be performed by TenantLease, and not as prepayment of rent. Landlord may apply such portion or portions of it being expressly agreed that the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent is not an advance rental deposit or a late charge or interest on defaulted rent, or any other monetary payment obligation measure of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased PremisesLandlord's damages. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit Except as may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not otherwise be required to segregate it from Landlord’s general accounts. by applicable law, (a) Tenant shall not be entitled to any interest on the Security Deposit, (b) Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account, and (c) Landlord shall have the right to commingle the Security Deposit with its other funds. If Landlord transfers Tenant defaults under this Lease and such default extends beyond any applicable grace or cure period (following notice of default being given to Tenant to the Leased Premises extent required hereunder), without limiting any other right or any portion thereof during the Lease Termremedy of Landlord, Landlord may pay also apply the whole or any part of the Security Deposit to the extent required for the payment of any subsequent owner Rent or other sums payable under this Lease as to which Tenant is in conformity with the provisions default or on account of Section 1950.7 any sum which Landlord may expend or may be required to expend by reason of Tenant's default. If any portion of the California Civil Code and/or Security Deposit is applied by Landlord for any successor statutesuch purpose, Tenant shall, within ten (10) days after demand is made by Landlord, deposit cash with Landlord in which an amount sufficient to restore the Security Deposit to its original amount. If Tenant shall fully and faithfully comply with all of the covenants and conditions of this Lease, the Security Deposit shall be promptly returned to Tenant after the expiration date of the Term and the surrender of the Premises to Landlord. In no event shall the transferring landlord Security Deposit be applied to the last monthly installment of Base Rent or Additional Rent due prior to the expiration date of the Term. In the event of a sale of the Premises, Landlord shall have the right to transfer the Security Deposit to the purchaser subject to the terms of this Lease, whereupon Landlord shall be released by Tenant from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (Deposit and Tenant hereby waives the provisions of California Civil Code Section 1950.7 shall look solely to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rentnew landlord for its return.

Security Deposit. Upon Tenant’s execution of this Lease, Tenant shall deposit with Landlord the amount set forth in Article 1 as the “Security Deposit” . The Security Deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms of this Lease to be observed and performed by Tenant. The Security Deposit shall not be mortgaged, assigned, transferred or encumbered by Tenant and any such act on the part of Tenant shall be without force and effect and shall not as prepayment of rentbe binding upon Landlord. Landlord may apply such portion or portions of Tenant shall cause the Security Deposit as are reasonably necessary for to be maintained throughout the following purposes: (i) to remedy any Event of Default by Tenant term in the payment of Base Monthly amount set forth in Section 1.1. If the Annual Fixed Rent or Additional Rent payable hereunder shall be overdue and unpaid or a late charge or interest should Landlord make any payment on defaulted rentbehalf of the Tenant, or Tenant shall fail to perform any of the terms of this Lease, then Landlord may, at its option and without notice or prejudice to any other monetary remedy which Landlord may have on account thereof, appropriate and apply the entire Security Deposit or so much thereof as may be necessary to compensate Landlord toward the payment obligation of Tenant under this Lease; (ii) Annual Fixed Rent, Additional Rent or other sums or loss or damage sustained by Landlord due to repair damage to the Leased Premises caused or permitted to occur such breach by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly forthwith upon demand, an amount in cash sufficient to demand restore the Security Deposit to the full original sumamount stated in Section 1.1. Notwithstanding the foregoing, upon the application by Landlord shall not be deemed a trustee of all or any portion of the Security Deposit. Deposit (with or without notice thereof to Tenant) to compensate Landlord may use for a failure by Tenant to pay any Annual Fixed Rent or Additional Rent when due or to perform any other obligation hereunder, and until Tenant shall have restored the Security Deposit to the amount required by Section 1.1, Tenant shall be deemed to be in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accountsdefault in the payment of Additional Rent for purposes of Section 8.1(i) hereof. So long as Tenant shall not be entitled to any interest on in default of its obligations under this Lease, Landlord shall return the Security Deposit. If Landlord transfers the Leased Premises , or any portion so much thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner as shall have not theretofore been applied in conformity accordance with the provisions terms of this Section 1950.7 4.7, to Tenant promptly following the expiration or earlier termination of the California Civil Code and/or any successor statute, in which event term of this Lease and the transferring landlord shall be released from all liability for the return surrender of possession of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect in accordance with the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to terms of this Lease. While Landlord holds the Security Deposit, Landlord shall have no obligation to pay interest on the same and shall have the right to commingle the same with Landlord’s other funds. In no event If Landlord conveys Landlord’s interest under this Lease, the Security Deposit, or any part thereof not previously applied, shall be turned over by Landlord to Landlord’s grantee, and Tenant shall look solely to such grantee for proper application of the Security Deposit in accordance with the terms of this Section 4.7 and the return thereof in accordance herewith. The holder of a mortgage on the Property shall not be responsible to Tenant for the return or any portion thereofapplication of the Security Deposit, be considered prepaid rentwhether or not it succeeds to the position of Landlord hereunder, unless such holder actually receives the Security Deposit.

Security Deposit. Upon Tenant’s Subject to the terms of Article 35 below, the Security Deposit, if any, shall be delivered to Landlord upon the execution of this Lease, Lease by Tenant and shall deposit with be held by Landlord the amount set forth in Article 1 as the “Security Deposit” without liability for interest (unless required by Law) as security for the performance by Tenant of the terms Tenant’s obligations. The Security Deposit is not an advance payment of this Lease to be performed by Rent or a measure of Tenant, and not as prepayment of rent’s liability for damages. Landlord may apply such portion or portions The amount of the Security Deposit as are reasonably necessary for the following purposes: (i) shall be subject to remedy any Event of Default by Tenant reduction in the payment manner and at the times specified as though it were a Letter of Base Monthly Rent or Additional Rent Credit (as described in Article 35). Landlord may, from time to time, without prejudice to any other remedy, use all or a late charge or interest on defaulted rent, or any other monetary payment obligation portion of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or to satisfy past due Rent or to cure any successor statuteuncured default by Tenant. In the event If Landlord uses the Security Deposit or any portion thereof is so usedDeposit, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to on demand restore the Security Deposit to its original amount. At the full original sum. later of (1) termination of this Lease, or (ii) the date Tenant surrenders the Premises to Landlord in accordance with the provisions of this Lease, Landlord shall not be deemed a trustee return any unapplied portion of the Security DepositDeposit (less any amounts retained to reimburse Landlord for any uncured defaults) to Tenant within 10 Business Days after the date this Lease expires or terminates and Tenant surrenders possession of the Premises to Landlord in accordance with this Lease. In addition to any other deductions Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be is entitled to make pursuant to the terms hereof, Landlord shall have the right to make a good faith estimate of any interest on unreconciled Expenses and/or Taxes as of the Termination Date and to deduct any anticipated shortfall from the Security Deposit. If Landlord transfers its interest in the Leased Premises or any portion thereof during the Lease TermPremises, Landlord may pay assign the Security Deposit to any subsequent owner the transferee and, following the assignment, Landlord shall have no further liability for the return of the Security Deposit, provided that such transferee has agreed in conformity writing to assume the obligations of Landlord under this Lease with respect to the Security Deposit. Landlord shall not be required to keep the Security Deposit separate from its other accounts. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code and/or any successor statuteCode, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rentsimilar or successor Laws now or hereinafter in effect.

Security Deposit. Upon Tenant’s execution Within ten (10) days of this Leasethe Effective Date, Tenant shall deposit with Landlord the amount Security Deposit as set forth in Article 1 as Item 13 of the “Security Deposit” Summary of Basic Lease Terms as security for the full and faithful performance by Tenant of all Tenant’s obligations hereunder. No interest shall be paid upon the Security Deposit nor shall Landlord be required to maintain the deposit in a segregated account. The Security Deposit shall not be construed as prepaid Rent. In the event that Tenant shall default in the full and faithful performance of any of the terms hereof, then Landlord may either retain the Security Deposit as liquidated damages, or a portion thereof, for damages caused by Tenant beyond ordinary wear and tear, or Landlord may retain the same and apply it toward any damages sustained by Landlord, including but not limited to actual damages sustained by the Landlord by reason of the default of Tenant, including any past due Rent. Upon each such application, Tenant shall, on demand, pay to Landlord the sum so applied, which shall be added to the Security Deposit so that the same shall be restored to the amount first set forth above. In the event of bankruptcy or other debtor-creditor proceedings, either voluntarily or involuntarily instituted by or against Tenant, the Security Deposit shall be deemed to be applied in the following order: to actual damages caused by Tenant beyond ordinary wear and tear, obligations and other charges, including any damages sustained by Landlord, other than unpaid Rent, due to Landlord for all periods prior to the filing of such proceedings; to accrued and unpaid Rent prior to the filing of such proceeding, and thereafter to actual damages, obligations, other charges and damages sustained by Landlord and Rent due the Landlord for all periods subsequent to such filing. In the event of a sale of the Land and the Building, Landlord shall transfer the Security Deposit to the buyer, and shall confirm the same to Tenant in writing, after which transfer and written confirmation Landlord shall have no further obligation regarding the Security Deposit. Notwithstanding the foregoing, and so long as Tenant is not in default of this Lease beyond any applicable cure period, Landlord shall return to be performed by Tenant (or, at Tenant’s option, and not as prepayment or apply to subsequent payments of rent. Landlord may apply such Rent due hereunder) a portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment amount of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation Sixty Thousand and 00/100 Dollars ($60,000.00) upon the first anniversary of Tenant under this Lease; the Commencement Date and also upon the date that is eighteen (ii18) to repair damage to months after the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions Commencement Date. The remaining balance of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may shall be applied as contained in Section 1950.7(c) held until the expiration of the California Civil Code and/or any successor statuteLease Term. In If Tenant fully and faithfully complies with all of the event terms hereof, the Security Deposit or any portion balance thereof is so used, shall be returned to Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee within thirty (30) days after expiration of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises Lease Term or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord thirty (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (9030) days following a surrender of after the Leased Premises by final day Tenant to Landlord within which to inspect occupies the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rent.

Security Deposit. Upon Tenant’s execution of this Lease, Tenant shall deposit with Landlord Landlord, upon delivery of an copy of this Lease to Landlord, a security deposit (the “Security Deposit”) for the performance all of Tenant’s obligations hereunder in the amount set forth in Article 1 Section 1.1 of this Lease, which Security Deposit shall be in the form of an unconditional and irrevocable letter of credit (the “Letter of Credit”): (i) in form and substance satisfactory to Landlord, (ii) naming Landlord as beneficiary, (iii) expressly allowing Landlord to draw upon it at any time from time to time by delivering to the issuer notice that Landlord is entitled to draw thereunder, (iv) issued by an FDIC-insured financial institution satisfactory to Landlord, (v) redeemable by presentation of a sight draft in the state of Landlord’s choice, and (vi) transferable without fee or cost to Landlord. Landlord hereby approves Silicon Valley Bank as the “issuer of the Letter of Credit. If Tenant not provide Landlord with a substitute Letter of Credit complying with all of the requirements hereof at least 10 days before the stated expiration date of any then current Letter of Credit, Landlord shall have the right to draw the full amount of the current Letter of Credit and hold the funds drawn in cash without obligation for interest thereon as the Security Deposit” . The Letter Credit shall be held by Landlord as security for the performance by Tenant of Tenant’s obligations under Lease. The Letter of Credit is not an advance rental deposit or a measure of Landlord’s damages case of Tenant’s default. Upon each occurrence of a Default (as defined in Section 16.1), Landlord may draw all or any part of the terms Letter of Credit to pay delinquent payments due under this Lease, future rent damages, and the cost of any damage, injury, expense or liability caused such Default, without prejudice to any other remedy provided herein or provided by law. Landlord’s right to use the Letter of Credit under this Section includes the right to use the Letter Credit to pay future rent damages following the termination of this Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions Section below. Upon any use of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit all or any portion thereof is so usedof the Letter of Credit, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient on demand a new Letter of Credit or amend the existing Letter of Credit to restore the Security Deposit Letter of Credit to the full original sumamount set forth on Page 1 of this Lease. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 any law, now hereafter in force which provide that Landlord may claim from a security deposit only those reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the Default of Tenant. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Letter of Credit shall be deemed to be applied first to the contraryof Rent and other charges due Landlord for periods prior to the filing of such proceedings. The Letter of Credit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant (or, at Landlord’s option, to the last assignee of Tenant’s interest hereunder) within 90 days after the expiration or earlier termination of this Lease. Provided that no Default (as defined in Section 16.1) or event that with the passage of or the giving of notice, or both, would constitute a period Default has occurred that remains uncured, amount of ninety the Security Deposit shall be reduced to $862,274.00 effective as of the Rent Commencement Date, whereupon, within thirty (9030) days following a surrender receipt of Tenant’s written request, any portion of the Leased Premises Security Deposit in excess of the respective reduced amounts shall, if held by Landlord in cash, be refunded to Tenant, without interest, or Landlord shall agree to an appropriate replacement or amendment of the Letter of Credit in order to effect such reduction. Notwithstanding the foregoing, if any uncured monetary Default exists as of such reduction date, such reduction will occur at the later of: (i) one year from the original reduction date; or (ii) such time as the Default shall have been cured. If any uncured material non-monetary Default exists of such reduction date, such reduction will occur at the later of: (i) six months from the original reduction date; or (ii) such time as the Default shall have been cured. If any event that with the passage of time, or the giving of notice, or both, would constitute a monetary Default or material non-monetary Default exists as of such reduction date, such reduction will occur at such time as the uncured default shall have been cured. If Landlord transfers its interest in the Project or this Lease, Landlord shall either (a) transfer any Security Deposit then held by Landlord to a person or entity assuming Landlord’s obligations under this Section, or (b) return to Tenant any Security Deposit then held by Landlord and remaining after the deductions permitted herein. Upon such transfer to such transferee or the return of the Security Deposit to Tenant, Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting shall have no further obligation with respect to the Security Deposit. In no event shall , and Tenant’s right to the return of the Security Deposit shall apply solely against Landlord’s transferee. The Security Deposit is not an advance rental deposit or any portion thereofa measure of Landlord’s damages in case of Tenant’s default. Landlord’s obligation respecting the Security Deposit is that of a debtor, be considered prepaid rentnot a trustee, and no interest shall accrue thereon.

Security Deposit. Upon Tenant’s execution of this Lease, 40.01. Tenant shall deposit with Landlord on the signing of this Lease the Security Deposit, as security for the faithful performance and observance by Tenant of the terms, provisions and conditions of this Lease. Tenant agrees that in the event Tenant has defaulted in the performance of any of its obligations under this Lease, including the payment of any item of rental, and whether or not the transmittal of a Notice of default by Landlord is barred by applicable law, Landlord may use, apply or retain the whole or any part of the Security Deposit, to the extent required for the payment of any basic annual rent or additional rent as to which Tenant is in default, or for any sum that Landlord may expend or may be required to expend by reason of the default (including any damages or deficiency accrued before or after summary proceedings or other re-entry by Landlord). If Landlord applies or retains any portion or all of the Security Deposit, Tenant shall forthwith restore the amount so applied or retained by delivering additional cash so that, at all times, the amount of the Security Deposit shall be the amount set forth on the Reference Page. Provided there is no uncured default, any balance of the Security Deposit held by Landlord and not used, applied or retained by Landlord as above provided shall be returned to Tenant after the Expiration Date and after delivery of possession of the entire demised premises to Landlord in Article 1 as the “Security Deposit” as security for the performance by Tenant of accordance with the terms of this Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. 40.02. If Landlord transfers At Landlord’s sole option, Tenant shall give Landlord, upon its demand, a Letter(s) of Credit (as defined and further described in this Section). After Landlord’s receipt from Tenant of the Leased Premises or any portion thereof during the Lease TermLetter(s) of Credit, if so requested by Landlord, Landlord may pay shall return to Tenant any cash Security Deposit then held by Landlord as security under this Lease. “Letter of Credit” shall mean a clean irrevocable and unconditional standby letter of credit issued and drawn upon any commercial bank approved by Landlord having a net worth of at least One Billion U.S. Dollars and with offices for banking purposes in the continental United States of America (“Issuing Bank”). Tenant shall cause each Letter of Credit to have a term of not less than one year, be in form and content satisfactory to Landlord, be for the account of Landlord and be in the amount of the Security Deposit set forth in the Reference Page. Landlord, at its sole option, may at any time require Tenant to any subsequent owner deliver more than one (1) (as determined by Landlord in conformity with its absolute discretion) Letter of Credit from different Issuing Banks, each having a net worth of at least One Billion U.S. Dollars and each meeting the provisions of Section 1950.7 of the California Civil Code and/or any successor statuteother requirements set forth in this Article 40 that an Issuing Bank must satisfy. Landlord, in which its sole judgment, shall determine the dollar amount of each Letter of Credit, but in no event shall the transferring landlord shall be released from all liability for the return combined Letters of Credit exceed the Security Deposit. Tenant specifically grants shall cause the Letter(s) of Credit to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rent.provide that:

Security Deposit. Upon Tenant’s execution of this Lease, Section 15.01. Tenant shall deposit has deposited with Landlord the amount set forth sum stipulated in Article 1 as the “Security Deposit” Basic Lease Provisions, as security for the full and faithful performance by Tenant of the terms every provision of this Lease to be performed by Tenant. If Tenant defaults with respect to any provision of this Lease (after notice and the expiration of any applicable cure period), and including but not as prepayment of rent. Landlord may apply such portion or portions of limited to the Security Deposit as are reasonably necessary for the following purposes: (i) provisions relating to remedy any Event of Default by Tenant in the payment of Base Monthly Basic Rent and Additional Rent, Landlord may use, apply or retain all or any part of this security deposit for the payment of any Basic Rent or Additional Rent or a late charge or interest on defaulted rentother sum in default, or for the payment of any other monetary payment obligation amount which Landlord may spend or become obligated to spend by reason of Tenant under this Lease; (ii) Tenant’s default, or to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to compensate Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy for any other Event loss or damage which Landlord may suffer by reason of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premisesdefault. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or If any portion thereof of said deposit is so usedused or applied, Tenant shall pay to Landlord, promptly upon demand, an within five (5) days after written demand therefor deposit cash with Landlord in amount in cash sufficient to restore the Security Deposit security deposit to the full its original sumamount and Tenant’s failure to do so shall be an Event of Default under this Lease. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it keep this security deposit separate from Landlord’s general accounts. its funds, and Tenant shall not be entitled to any interest on the Security Depositsuch deposit. If Landlord transfers Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Leased Premises security deposit or any portion balance thereof during shall be returned to Tenant (or, at Landlord’s option, to the Lease last assignee of Tenant’s interest hereunder) at the expiration of the Term. In the event of the insolvency of Tenant or in the event of the entry of a judgment in bankruptcy in any court against Tenant which is not discharged within thirty (30) days after entry, or in the event a petition is filed by or against Tenant under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, then and in such event Landlord may pay require the Security Deposit Tenant to any subsequent owner deposit additional security in conformity with an amount which in Landlord’s sole judgment would be sufficient to adequately assure Tenant’s performance of all of its obligations under this Lease, including all payments subsequently accruing. Failure of Tenant to deposit the provisions security required by this Section within ten (10) days after Landlord’s written demand shall constitute a material breach of Section 1950.7 this Lease by Tenant. The security deposit is being made by means of an irrevocable “evergreen” letter of credit, which shall be in form and substance, and drawn on a bank which is a member of the California Civil Code and/or any successor statuteNew York clearinghouse, in which satisfactory to Landlord. It shall have a final expiry of not less than six (6) months after the Expiration Date. In the event that the transferring landlord “Guarantor Loan” (hereinafter defined) shall be released from all liability for accepted by Landlord, then, provided that Tenant shall not be in default in the return performance or observance of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions any of California Civil Code Section 1950.7 to the contrary) a period of its obligations hereunder, not later than ninety (90) days following after the Rent Commencement Date, the security deposit shall be reduced by an amount equal to two (2) months Basic Rent and a surrender new letter of credit, in such reduced amount (but otherwise conforming to the provisions hereof) shall be substituted therefor. As the Basic Rent increases throughout the Term, the amount of the Leased Premises by Tenant security shall be increased accordingly, so that Landlord shall at all times have a security deposit letter of credit in an amount equal to Landlord within which to inspect ten (10) or twelve (12) months Basic Rent, as the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rentcase may be.

Security Deposit. Upon Tenant’s execution of this Leasethe Execution Date, Tenant shall deposit with Landlord the amount set forth in Article 1 as the “Security Deposit” Deposit as security for the Tenant’s faithful performance by of Tenant’s obligations hereunder. If Tenant of the terms fails to timely pay rent or other charges due hereunder, or otherwise defaults with respect to any provisions of this Lease to be performed by Tenantbeyond applicable notice and cure periods hereunder, and not as prepayment of rent. Landlord may apply such use, apply, or retain all or any portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent any rent or Additional Rent other charge in default or a late charge or interest on defaulted rentfor the payment of any other sum to which Landlord may become obligated by reason of Tenant’s default, or to compensate Landlord for any other monetary payment loss or damage which Landlord may suffer thereby. Landlord shall have no obligation of to apply the Security Deposit against any amount due or owing from Tenant under this Lease; (ii) to repair damage to Lease or against any Advance made by Landlord, nor shall the Leased Premises caused or permitted to occur rights and remedies of Landlord under this Lease be affected in any manner by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to fact that Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which holds the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statuteDeposit. In the event the Security Deposit If, however, Landlord so uses or applies all or any portion thereof is so usedof the Security Deposit, Tenant shall pay to Landlordwithin ten (10) days after written demand therefor, promptly upon demand, deposit with Landlord an amount in cash sufficient to restore the Security Deposit to the full original sumamount stated above, and Tenant’s failure to do so shall constitute a default under this Lease. Landlord shall not be deemed a trustee required to keep the security deposit separate from its general accounts or to pay interest thereon, unless otherwise required by applicable law. If Tenant performs all of Tenant’s obligations hereunder, the Security Deposit. , or so much thereof after application thereof by Landlord may use in accordance with this Section 3.7, as has not been applied by Landlord, shall be returned, in cash, without payment of interest or other increment for its use, to Tenant at the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during expiration of the Lease Term, . No trust relationship is created herein between Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rent.

Security Deposit. Upon Tenant’s execution of this Lease, Section 29.1 Tenant shall deposit has deposited the Security Deposit with Landlord the amount set forth in Article 1 as the “Security Deposit” as security for the full and faithful performance by Tenant of the terms every provision of this Lease to be performed by Tenant, Tenant through the Term and not as prepayment of rentall renewals thereto. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any If an Event of Default by Tenant in shall have occurred with respect to any provision of this Lease, including but not limited to the provisions relating to the payment of Base Monthly Fixed Rent and Additional Rent, Landlord may use, apply or retain all or any part of this Security Deposit for the payment of any Fixed or Additional Rent or a late charge any other sum as to which Tenant is in default or interest on defaulted rentfor the payment of any other amount which Landlord may spend or become obligated to spend by reason of such Event of Default, or to compensate Landlord for any other monetary payment obligation loss, cost or damage which Landlord may suffer by reason of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other such Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf under this Lease. Landlord shall give Tenant notice contemporaneously with such use or application of any sums claimed by materialmen or contractors portion of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied Deposit. Tenant shall, within ten (10) Business Days after the giving of such notice, deposit with Landlord cash (or other suitable collateral such as contained an additional letter of credit) in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sumamount then required pursuant to the terms of this Article 29 and Tenant’s failure to do so shall be a breach of this Lease. Landlord shall not, unless otherwise required by Laws, pay interest to Tenant on the Security Deposit, and if Landlord is required to maintain the Security Deposit in an interest bearing account, Landlord will retain the maximum amount permitted under Laws as a bookkeeping and administrative charge. Tenant shall not assign or encumber any part of the Security Deposit, and no assignment or encumbrance by Tenant of all of any part of the Security Deposit shall be binding upon Landlord, whether made prior to, during, or after the Term. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use required to exhaust its remedies against Tenant or against the Security Deposit in Landlord’s ordinary business before having recourse to any other form of security held by Landlord and recourse by Landlord to any Security Deposit shall not be required affect any remedies of Landlord which are provided in this Lease or which are available to segregate it from Landlord’s general accountsLandlord in law or in equity. If Tenant shall not fully and faithfully perform every covenant and provision of this Lease to be entitled to any interest on performed and observed by Tenant, the Security Deposit. If Landlord transfers the Leased Premises Deposit or any portion balance thereof during shall be returned to Tenant reasonably promptly after the Lease Termexpiration or sooner termination (other than a termination pursuant to Article 17) of the Term and Tenant’s surrender to Landlord of the Premises, but in no event later than sixty (60) days after such expiration or termination. In the event the Building is sold, Landlord may pay shall transfer the Security Deposit to any subsequent the new owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord and Landlord shall thereupon be released by Tenant from all liability for the return of said Security Deposit; and Tenant agrees to look to the new owner solely for the return of the Security Deposit. A lease of the entire Building shall be deemed a transfer within the meaning of the foregoing sentence. Landlord shall notify or cause Tenant specifically grants to be notified in the event of any transfer of the Building. Section 29.2 Landlord (agrees to reduce the Security Deposit as set forth below. Landlord shall have no obligation to reduce and Tenant hereby waives shall have no right to request a reduction in the provisions Security Deposit unless all of California Civil Code Section 1950.7 the following conditions have been satisfied on the date of the scheduled reduction to the contrarySecurity Deposit: (a) a period No Event of ninety Default shall have occurred and be continuing under this Lease; and (90b) days following a surrender there shall not have occurred any material adverse change in the financial condition of Tenant from the Leased Premises condition described in the financial statements submitted by Tenant to Landlord within which to inspect in connection with this Lease. Notwithstanding the Leased Premisesforegoing, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to if an Event of Default existed on the Security Deposit. In no event shall date of the scheduled reduction of the Security Deposit or any portion thereofand Tenant subsequently cures said Event of Default without Landlord having terminated this Lease, Tenant shall then be considered prepaid rententitled to an immediate reduction of said Security Deposit at the time of said cure by Tenant by the amount as to which said Security Deposit would have been reduced had such Event of Default not existed. Section 29.3 (a) Subject to the terms in Section 29.2, the Security Deposit shall be reduced from the original Two Hundred Ninety-Five Thousand and no/100 Dollars ($295,000.00): (i) on the first day of December 2006, the Security Deposit shall be reduced by Seventy-Two Thousand Four Hundred Forty-Six and 80/100 Dollars ($72,446.80) and such amount shall be credited towards the monthly Rent for December 2006 and January 2007; (ii) on the first day of December 2007, the Security Deposit shall be reduced by Seventy-Two Thousand Four Hundred Forty-Six and 80/100 Dollars ($72,446.80) and such amount shall be credited towards the monthly Rent for December 2006 and January 2008; and (iii) on the first day of December 2008, the Security Deposit shall be reduced by Seventy-Two Thousand Four Hundred Forty-Six and 80/100 Dollars ($72,446.80) and such amount shall be credited towards the monthly Rent for December 2008 and January 2009.

Security Deposit. Upon Tenant’s As of the parties’ execution of this Lease, Tenant shall deposit with Landlord deliver the Security Deposit in the amount set forth in Article 1 of $20,000 to Landlord paid over twelve months beginning September 1, 2015 as the “Security Deposit” $1,666.67 consistent with Section 1.01 as partial security for the performance by Tenant of the terms provisions of this Lease Lease. In the event of any Default by Tenant under this Lease, Landlord shall have the right to be performed by Tenant, and not as prepayment of rent. Landlord may apply such all or any portion or portions of the Security Deposit as are reasonably necessary for to cure the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rentand reinstate this Lease, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused otherwise compensate Landlord for all damages sustained by Landlord resulting from or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statuteconnection with such Default. In the event of any such application of the Security Deposit or any portion thereof is so usedby Landlord, Tenant shall pay upon demand deliver to Landlord, promptly upon demand, an amount in cash sufficient Landlord the sum required to restore the Security Deposit to the full original sumamount set forth in Section 1.01. Provided that Tenant is not in Default at the expiration or termination of this Lease, Landlord shall return any remaining portion of the Security Deposit to Tenant within thirty (30) days after the date of such expiration or termination. Landlord's rights with respect to the Security Deposit are those of a trustee. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use entitled to commingle the Security Deposit in with Landlord’s ordinary business 's general funds and shall not be required have no obligation to segregate it from Landlord’s general accounts. pay Tenant shall not be entitled to any interest on the Security Deposit. If In the event of a transfer of Landlord's interest in this Lease during the Term hereof, provided Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the then unapplied Security Deposit to any subsequent owner in conformity with the provisions transferee and the transferee agrees and actually does deposit the check to a trust account held for the sole use of Section 1950.7 of the California Civil Code and/or any successor statutethis provision, in which event the transferring landlord Landlord shall be released discharged from all any further liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rent.

Security Deposit. Upon Tenant’s execution of signing this Lease, Tenant shall immediately deposit with Landlord the amount set forth in Article 1 as the “Security Deposit” as security for the performance by Tenant of the terms of this Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, ; and (iv) to remedy any other Event of Default default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s its general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof Building during the Lease Term, Landlord may shall pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) sixty days following a surrender of the Leased Premises by Tenant to Landlord within which to return the Security Deposit (less permitted deductions) to Tenant, it being agreed between Landlord and Tenant that sixty days is a reasonable period of time within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇▇ therefortherefore, and prepare a final accounting with respect to the Security Depositsuch deposit. In no event shall the Security Deposit Deposit, or any portion thereof, be considered prepaid rent.

Security Deposit. Upon TenantTenant hereby agrees to pay to Landlord a security deposit of eight thousand four hundred forty dollars and fifty cents ($8,440.50), which is equal to first month’s execution of Base Rental, on the day this Lease, Lease is executed by Tenant shall deposit with Landlord the amount set forth in Article 1 as (the “Security Deposit” as security for ”). Upon the performance by Tenant occurrence of the terms any Event of this Lease to be performed Default by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of may, from time to time, without prejudice to any other remedy, use the Security Deposit as are reasonably to the extent necessary for to make good any arrears of Base Rental or Additional Rental or any other payment obligation hereunder, including, but not limited to, the following purposes: (i) to remedy cost of any damage, injury, expense, or liability caused by any Event of Default by Tenant in the payment hereunder. Any remaining balance of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit shall be returned by Landlord to Tenant within a reasonable period of time after the termination or expiration of this Lease and the satisfaction of Tenant’s obligations hereunder. The Security Deposit shall not be considered an advance payment of rental or a measure of Landlord’s damages in case of default by Tenant. Tenant shall not be entitled to receive and shall not receive any interest on the Security Deposit, and Landlord may be applied as contained in Section 1950.7(c) commingle the same with other monies of the California Civil Code and/or any successor statuteLandlord. In the event Landlord applies the Security Deposit or any portion thereof to the payment of any sum described above and this Lease is so usednot terminated, Tenant shall pay to Landlord, promptly upon demand, immediately deposit with Landlord an amount of money equal to the amount so applied, and such amount shall be deemed to be part of the Security Deposit. In the event of a sale or transfer of Landlord’s interest in cash sufficient the Premises, Landlord shall have the right to restore transfer the Security Deposit to the full original sum. purchaser or lessor, as the case may be, and upon any such transfer and acknowledgement of receipt of Security Deposit by such transferee, Landlord shall not be deemed a trustee relieved of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability to Tenant for the return of the Security Deposit. Tenant specifically grants to Landlord (, and Tenant hereby waives the provisions of California Civil Code Section 1950.7 shall look solely to the contrary) a period new owner or lessor for the return of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rent.

Security Deposit. Upon Tenant’s The Security Deposit shall be due and payable to Landlord within ten (10) business days after the execution of this LeaseLease (but in no event later than the commencement of any Early Occupancy), Tenant and shall deposit with be held by Landlord the amount set forth in Article 1 as the “Security Deposit” as security for the performance by Tenant of the terms Tenant’s obligations. The Security Deposit is not an advance rental deposit, or a measure of this Lease to be performed by TenantLandlord’s damages in an Event of Default (as hereinafter defined). Upon any Event of Default, and not as prepayment of rent. Landlord may apply such portion use all, or portions of part of, the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant pay delinquent payments due under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) the cost of any damage, injury, expense or liability caused by such Event of Default, without prejudice to remedy any other Event of Default of Tenant to the extent permitted remedy provided herein or provided by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premiseslaw. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord within ten (10) business days of Landlord, promptly upon demand, an ’s demand the amount in cash sufficient to that will restore the Security Deposit to the full its original sumamount. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor▇▇’s obligation respecting the Security Deposit is that of a debtor, not a trustee. The Security Deposit shall be the property of Landlord, and prepare a final accounting any remaining amount of the Security Deposit shall be paid to Tenant when Tenant’s obligations under this Lease have been fulfilled. Landlord shall not be required to keep the Security Deposit separate from its general accounts, and no interest shall accrue thereon. Landlord shall be released from any obligation with respect to the Security DepositDeposit upon transfer of this Lease and the Premises to a person or entity assuming Landlord’s obligations. In no event shall the The Security Deposit under the Lease shall be USD$150,000.00, in the form of an unconditional, irrevocable letter of credit from a bank reasonably acceptable to Landlord and in compliance with the material terms shown in Exhibit G attached hereto (“Letter of Credit”). The Letter of Credit shall either provide that it does not expire until 60 days following the Expiration Date or, if it is for less than the full Lease Term, shall be renewed by Tenant at least 60 days prior to its expiration during the Lease Term. The Letter of Credit shall provide that it may be drawn down upon by Landlord at any time Landlord delivers its site draft to the bank. If Landlord sells or conveys the Premises, Tenant shall, at ▇▇▇▇▇▇▇▇’s request, cooperate in having the Letter of Credit transferred to the purchaser and Landlord agrees to notify Tenant in the event of such transfer. If the Letter of Credit is ever drawn upon by Landlord pursuant to the terms of the Lease, Tenant shall within ten (10) business days thereafter cause the Letter of Credit to be restored to the then existing amount at the time immediately prior to the draw down. Notwithstanding anything contained herein to the contrary, in the event Tenant fails to renew the Letter of Credit in accordance with the terms and conditions as set forth in this Paragraph 7, or in the event that Tenant shall commence any portion thereofproceeding for relief, as defined in Paragraph 24(b) of the Lease, an immediate Event of Default shall be considered prepaid rentdeemed to have occurred, without the requirement of notice or opportunity to cure, in which case Landlord may immediately draw down on the Letter of Credit.

Security Deposit. Upon Tenant shall deposit with Landlord, upon delivery of an executed copy of this Lease to Landlord, a security deposit (the “Security Deposit”) for the performance of all of Tenant’s execution obligations hereunder in the amount set forth on page 1 of this Lease, Tenant which Security Deposit shall deposit with be in the form of cash. The Security Deposit shall be held by Landlord the amount set forth in Article 1 as the “Security Deposit” as security for the performance of Tenant’s obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Upon each occurrence of a Default (as defined in Section 20), Landlord may use all or any part of the Security Deposit to pay delinquent payments due under this Lease, future rent damages under California Civil Code Section 1951.2, and the cost of any damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Landlord’s right to use the Security Deposit under this Section 6 includes the right to use the Security Deposit to pay future rent damages following the termination of this Lease pursuant to Section 21(c) below. Upon any use of all or any portion of the Security Deposit, Tenant shall pay Landlord on demand the amount that will restore the Security Deposit to the amount set forth on Page 1 of this Lease. Tenant hereby waives the provisions of any law, now or hereafter in force, including, without limitation, California Civil Code Section 1950.7, which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee, agent or invitee of Tenant. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the terms Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings. If Tenant shall fully perform every provision of this Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rentDeposit, or any other monetary payment obligation of Tenant balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2this Lease), and shall be returned to Tenant (iv) to remedy any other Event of Default of Tenant or, at Landlord’s option, to the extent permitted by Law including, without limitation, paying in full on last assignee of Tenant’s behalf any sums claimed by materialmen interest hereunder) within 60 days after the expiration or contractors earlier termination of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security DepositLease. If Landlord transfers its interest in the Leased Premises Project or any portion thereof during the Lease Termthis Lease, Landlord may pay the shall either (a) transfer any Security Deposit then held by Landlord to a person or entity assuming Landlord’s obligations under this Section 6, or (b) return to Tenant any subsequent owner in conformity with Security Deposit then held by Landlord and remaining after the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for deductions permitted herein. Upon such transfer to such transferee or the return of the Security Deposit. Tenant specifically grants Deposit to Tenant, Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting shall have no further obligation with respect to the Security Deposit. In no event shall , and Tenant’s right to the return of the Security Deposit shall apply solely against Landlord’s transferee. The Security Deposit is not an advance rental deposit or any portion thereofa measure of Landlord’s damages in case of Tenant’s default. Landlord’s obligation respecting the Security Deposit is that of a debtor, be considered prepaid rentnot a trustee, and no interest shall accrue thereon.

Security Deposit. Upon Tenant’s execution To the extent that the unapplied amount of this Leasethe security deposit held by Existing Landlord under the Existing Lease (such amount, the “Original Security Deposit”) is less than the amount of the Security Deposit specified in the Basic Provisions, on the Commencement Date, Tenant shall deposit with Landlord the difference between such amount set forth in Article 1 as of the “Security Deposit and the Original Security Deposit” as security , which, when combined with the Original Security Deposit shall be the Security Deposit for the performance by Tenant of its obligation under this Lease. Tenant agrees that if Tenant defaults in its performance of this Lease, or in the payment of any sums owing to Landlord, or in the payment of any other sums required from Tenant under the provisions of this Lease, then Landlord may, but shall not be obligated to, use the Security Deposit, or any portion thereof, to cure such default or to compensate Landlord for any damage, including Rent that is unpaid either before or after the termination of this Lease, late charges and costs of enforcement, and any other damages suffered by Landlord before or after the termination of this Lease which Landlord is entitled to recover pursuant to the terms of this Lease to be performed by TenantLease, and not as prepayment of rentwhich are sustained by Landlord resulting from Tenant's default or nonpayment. If Landlord may does so apply such any portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedDeposit, Tenant shall immediately pay to Landlord, promptly upon demand, an amount in Landlord sufficient cash sufficient to restore the Security Deposit to the full original sumamount of the then current Minimum Monthly Rent. If Tenant is not in default at the expiration or termination of this Lease, Landlord shall not be deemed a trustee return the unexpended portion of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord within sixty (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (9060) days following a surrender expiration or termination of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premisesthis Lease, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting without interest. Landlord's obligations with respect to the Security Deposit. In no event Deposit shall be those of debtor, and not of a trustee, and Landlord shall be entitled to commingle the Security Deposit with the general funds of Landlord. With the understanding that it is the parties’ intent that the terms of this Lease control their obligations regarding the Security Deposit, to the maximum extent permitted by applicable law (it being the specific intent of the parties that, to the extent applicable law permits Landlord to reserve greater rights with respect to the Security Deposit under the terms of this Lease than would otherwise be available under applicable law, Landlord be allowed to reserve such greater rights), Tenant hereby waives (a) any and all terms of applicable law, including, without limitation, California Civil Code Section 1950.7, applicable to security deposits in the commercial context to the extent inconsistent with the terms of this Lease, including, without limitation, any laws that provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant or to clean the Premises (“Security Deposit Laws”), and (b) to the extent inconsistent with the terms of this Lease, any portion thereofand all rights, be considered prepaid rentduties and obligations either Party may now or, in the future, will have under, relating to or arising from the Security Deposit Laws.

Security Deposit. Upon Tenant’s execution of this Lease, Tenant The Security Deposit shall deposit with be held by Landlord the amount set forth in Article 1 as the “Security Deposit” without obligation for interest thereon as security for the performance by Tenant of the terms Tenant's obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of this Lease to be performed by Landlord's damages in case of Tenant's default. Upon each occurrence of a Default (as defined in Section 20), and not as prepayment of rent. Landlord may apply such portion use all or portions part of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant pay delinquent payments due under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, future rent damages under Chapter 83, Florida Statutes, 2006, and (iv) the cost of any damage, injury, expense or liability caused by such Default, without prejudice to remedy any other Event of Default of Tenant remedy provided herein or provided by law. Landlord's right to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which use the Security Deposit may be applied as contained in under this Section 1950.7(c) of 6 includes the California Civil Code and/or any successor statute. In the event right to use the Security Deposit to pay future rent damages following the termination of this Lease pursuant to Section 21(c) below. Upon any use of all or any portion thereof is so usedof the Security Deposit, Tenant shall pay to Landlord, promptly upon demand, an Landlord on demand the amount in cash sufficient to that will restore the Security Deposit to the full its original sumamount. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit in shall be deemed to be applied first to the payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings. Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay 's obligation respecting the Security Deposit is that of a debtor, not a trustee; no interest shall accrue thereon. The Security Deposit shall be the property of Landlord, but shall be paid to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord Tenant when Tenant's obligations under this Lease have been completely fulfilled. Landlord shall be released from all liability for the return of any obligation with respect to the Security DepositDeposit upon transfer of this Lease and the Premises to a person or entity assuming Landlord's obligations under this Section 6. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 any law, now or hereafter in force, including, without limitation, Chapter 83, Florida Statutes, 2006, which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee, agent or invitee of Tenant. The Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant (or, at Landlord's option, to the contrarylast assignee of Tenant's interest hereunder) within 90 days after the expiration or earlier termination of this Lease. If Landlord transfers its interest in the Project or this Lease, Landlord shall either (a) transfer any Security Deposit then held by Landlord to a period of ninety person or entity assuming Landlord's obligations under this Section 6 or (90b) days following a surrender return to Tenant any Security Deposit then held by Landlord and remaining after the deductions permitted herein. Upon such transfer to such transferee or the return of the Leased Premises by Tenant Security Deposit to Tenant, Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting shall have no further obligation with respect to the Security Deposit. In no event shall , and Tenant's right to the return of the Security Deposit shall apply solely against Landlord's transferee. The Security Deposit is not an advance rental deposit or any portion thereofa measure of Landlord's damages in case of Tenant's default. Landlord's obligation respecting the Security Deposit is that of a debtor, be considered prepaid rentnot a trustee, and no interest shall accrue thereon.

Security Deposit. Upon Tenant’s execution of this Lease, Tenant shall deposit with Landlord upon execution hereof that sum identified in the amount set forth in Article 1 Summary as the Security Deposit (the “Security Deposit” ”) as security for the Tenant’s faithful performance by of Tenant’s obligations hereunder. If Tenant fails to pay rent or other charges due hereunder (all of the terms which, collectively, are defined to be “Rent”), or otherwise defaults with respect to any provision of this Lease to be performed by TenantLease, and not as prepayment of rent. Landlord may apply such use, apply, or retain all or any portion of said deposit for the payment of any rent or portions other charge in default or for the payment of any other sum to which Landlord may become obligated by reason of Tenant’s default, or to compensate Landlord for any loss or damage which Landlord may suffer thereby. The use, application, or retention of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or Landlord shall not prevent Landlord from exercising any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused remedy provided hereunder or permitted to occur by Tenant; (iii) to clean at law and restore and repair the Leased Premises following their surrender to shall not be construed as liquidated damages. If Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen so uses or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit applies all or any portion thereof is so usedof said deposit, Tenant shall pay to Landlordshall, promptly upon demandwithin ten (10) days after written demand therefor, deposit cash with Landlord in an amount in cash sufficient to restore the Security Deposit said deposit to the full original sumamount then required of Tenant. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use required to keep the Security Deposit in Landlord’s ordinary business separate from its general accounts and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to to, and Tenant hereby specifically waives any requirement that Landlord pay interest on the Security Deposit. If Tenant performs all of Tenant’s obligations hereunder, the Security Deposit, or so much thereof as has not theretofore been applied by Landlord, shall be returned, without payment of interest or other increment for its use, to Tenant or, at Landlord’s option, to the last assignee, if any, of Tenant’s interest hereunder. at the expiration of the Term hereof, and after Tenant has vacated the Leased Premises. No trust or fiduciary relationship is created herein between Landlord and Tenant with respect to the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease TermTerm hereof, Landlord may pay the Security Deposit to any subsequent owner Landlord’s successor in conformity interest in accordance with the provisions of Section 1950.7 of the California Civil Code and/or § 1950.7 or any successor statute, in which event the transferring landlord Landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rent.

Security Deposit. Upon Tenant’s (a) Simultaneously with the execution and delivery of this Lease, Tenant shall deposit with deliver to Landlord the amount set forth Security Deposit in Article 1 as the “cash or immediately available funds. (b) The Security Deposit” as Deposit is security for the faithful performance and observance by Tenant of the terms and conditions of this Lease to be performed by Tenant, and is not as prepayment an advance payment of rent. If an Event of Default occurs, Landlord may use, apply such portion or portions retain all or any part of the Security Deposit as are reasonably necessary to the extent required for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of any Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation sum as to which Tenant is in default or for any sum which Landlord may expend or may be required to expend by reason of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions occurrence of Article 2, and (iv) to remedy any other an Event of Default Default, including, but not limited to, any damage or deficiency accrued before or after summary proceedings or other re-entry by Landlord, including the costs of Tenant to the extent permitted by Law such proceeding or re-entry and further including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors reasonable attorneys’ fees. If an Event of Tenant Default occurs, Landlord shall have the right to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which apply the Security Deposit Deposit, or any part thereof, as aforesaid, without additional notice and without prejudice to any other remedy or remedies which Landlord may be applied as contained have, or Landlord may pursue any other such remedy or remedies in Section 1950.7(c) lieu of the California Civil Code and/or any successor statute. In the event applying the Security Deposit or any portion thereof is so usedpart thereof. No interest shall be payable on the Security Deposit and Landlord shall have the right to commingle the Security Deposit with other funds of Landlord. If Landlord applies the Security Deposit in whole or in part, Tenant shall immediately upon demand pay to Landlord, promptly upon demand, an Landlord the amount in cash sufficient so applied to restore the Security Deposit to its original amount. In the full original sum. event of a sale or other transfer of Landlord’s Property, or leasing of Landlord’s Property subject to Tenant’s tenancy hereunder, Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use transfer the Security Deposit in Landlord’s ordinary business and shall not be required then remaining to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises vendee or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statutelessee, in which event the transferring landlord Landlord shall thereupon be released from all liability for the return of such Security Deposit to Tenant; and Tenant shall look solely to the new landlord for the return of the Security DepositDeposit then remaining. The holder of any mortgage on Landlord’s Property shall not be responsible to Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall for the Security Deposit or its application or return unless the Security Deposit shall actually have been received by such holder. Tenant shall not assign or encumber or attempt to assign or encumber the Security Deposit, and Landlord shall not be bound by any portion thereofsuch assignment, be considered prepaid rentencumbrance, attempted assignment or attempted encumbrance.

Security Deposit. Upon Tenant’s The Security Deposit shall be delivered to Landlord upon the execution of this Lease, Lease by Tenant and shall deposit with be held by Landlord the amount set forth in Article 1 without liability for interest (except as the “Security Deposit” required by law) and as security for the performance by Tenant of the terms Tenant's obligations under this Lease. The Security Deposit shall not be considered an advance payment of this Lease to be performed by Rent or a measure of Tenant, and not as prepayment of rent's liability for damages. Landlord may apply such may, from time to time, without prejudice to any other remedy, use all or a portion or portions of the Security Deposit as are reasonably necessary for to make good any arrearage of Rent, to repair damages to the following purposes: (i) Premises, to remedy any Event clean the Premises upon termination of Default by Tenant in the payment of Base Monthly Rent this Lease or Additional Rent or a late charge or interest on defaulted rent, or otherwise to satisfy any other monetary payment covenant or obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions hereunder. Following any such application of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedDeposit, Tenant shall pay to Landlord, promptly upon demand, an Landlord on demand the amount so applied in cash sufficient order to restore the Security Deposit to its original amount. If Tenant is not in default at the full original sum. termination of this Lease, after Tenant surrenders the Premises to Landlord shall not be deemed a trustee in accordance with this Lease and all amounts due Landlord from Tenant are finally determined and paid by Tenant or through application of the Security Deposit. Landlord may use , the balance of the Security Deposit in Landlord’s ordinary business and remaining after any such application shall not be required returned to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security DepositTenant. If Landlord transfers its interest in the Leased Premises or any portion thereof during the Lease Term, Landlord may pay assign the Security Deposit to any subsequent owner in conformity with the provisions transferee and thereafter shall have no further liability for the return of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability such Security Deposit. Tenant agrees to look solely to such transferee or assignee for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions its successors and assigns shall not be bound by any actual or attempted assignment or encumbrance of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or by Tenant, provided, however, if Tenant's interest in this Lease has been assigned, Landlord shall, provided that Landlord has been furnished with a fully executed copy of the agreement assigning such Security Deposit, return the Security Deposit to such assignee in accordance with the terms and conditions hereof. If Landlord return the Security Deposit to Tenant's assignee as aforesaid, Landlord will have no further obligation to any portion thereof, party with respect thereto. Landlord shall not be considered prepaid rentrequired to keep the Security Deposit separate from its other accounts.

Security Deposit. Upon Concurrently with Tenant’s execution of this Lease, Tenant shall deposit with deliver to Landlord a sum equal to the amount set forth stated in Article 1 as the “Security Deposit” Section l(i) as security for the performance by Tenant of every covenant and condition of this Lease. Landlord’s obligations with respect to the Security Deposit are those of a debtor and not a trustee. Landlord may maintain such sums separate and apart from Landlord’s general funds or may commingle them with Landlord’s general or other funds. Landlord is not required to pay Tenant interest on such sums, or any portion thereof. If Tenant defaults with respect to any covenant or condition of this Lease beyond any applicable notice and cure period, including but not limited to the payment of rent, Landlord may apply the whole or a part of the Security Deposit to the payment of any sum in default or any other sum which Landlord may be required to spend by reason of Tenant’s default. Tenant shall replenish any amounts spent by Landlord pursuant to the terms of Section 23 below within thirty (30) days following receipt of notice from Landlord. Within a reasonable period of time (not to exceed thirty (30) days) after expiration of the Lease Term or earlier termination of this Lease, the Security Deposit shall be returned to Tenant, less those amounts that may be required by Landlord under the terms of this Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (ia) to remedy any Event defaults on the part of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rentotherwise, or any other monetary payment obligation of Tenant under this Lease; (iib) to repair damage damages to the Leased Premises caused or permitted to occur by Tenant; , provided Landlord is entitled to the same under the terms of this Lease, and (iiic) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to by this Lease. If Landlord disposes of its interest in the provisions of Article 2Premises, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen Landlord shall deliver or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore credit the Security Deposit to Landlord’s successor in interest in the full original sum. Premises and provided such successor assumes Landlord’s obligations hereunder, Landlord shall not be deemed a trustee relieved of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting further responsibility with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rent.

Security Deposit. Upon Tenant’s execution On or before the Execution Date of this Lease, Tenant shall deposit with Landlord the amount initial installment of the Security Deposit as set forth in Article 1 as the “Security Deposit” Section 2.2, which sum shall be held by Landlord as security for the faithful performance by Tenant of all of the terms terms, covenants and conditions of this Lease to be kept and performed by Tenant, Tenant during the Term. Interest shall accrue on the Security Deposit for the benefit of Tenant and not as prepayment of rent. Landlord may apply such portion or portions shall be paid to Tenant to the extent that Tenant is entitled to the return of the Security Deposit as are reasonably necessary provided in this Lease. Landlord shall not be required to maintain a separate account for the following purposes: Security Deposit, but may intermingle it with other funds of Landlord; provided however, Landlord shall keep the Security Deposit in a federally insured, interest-bearing account for the benefit of Tenant. If Tenant Defaults with respect to any provision of this Lease, then without notice to Tenant, Landlord may (i) to remedy but shall not be required to), apply all or any Event part of Default by Tenant in the Security Deposit for the payment of Base Monthly any Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation sum in Default. If any portion of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedused or applied, then Tenant shall pay to Landlordshall, promptly upon demanddemand therefor, an amount in cash sufficient to restore the Security Deposit to its original amount. So long as no default has occurred and is continuing, the full original sum. Landlord shall not be deemed a trustee unapplied portion of the Security Deposit. Landlord may use Deposit shall be returned to Tenant, or, at Landlord's option, to the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accountslast assignee of Tenant's interest hereunder, within sixty (60) days following the expiration of the Term. Tenant shall not be entitled hereby irrevocably waives and relinquishes any and all rights, benefits, or protections, if any, Tenant now has, or in the future may have under any provision of law which (a) establishes the time frame by which a landlord must refund a security deposit under a lease, or (b) provides that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant, or to clean the subject premises. Tenant acknowledges and agrees that (x) any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability statutory time frames for the return of a security deposit are superseded by the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code express period identified in this Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor5.4, and prepare a final accounting with respect to the Security Deposit. In no event shall (y) rather than be so limited, Landlord may claim from the Security Deposit (i) any and all sums expressly identified in this Section 5.4, and (ii) any additional sums reasonably necessary to compensate Landlord for any and all losses or any portion thereofdamages caused by Tenant's default of this Lease, including, but not limited to, all damages or rent due upon termination of this Lease. In the event of bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be considered prepaid rentdeemed to be applied first to the payment of Rent and other charges due Landlord for all periods prior to the filing of such proceedings.

Security Deposit. Upon (a) Tenant shall deliver to Heritage Title Company of Austin, Inc. (“Escrow Agent”) upon execution and delivery of this Lease by Tenant the Security Deposit as security for the full and faithful performance of each of the terms hereof by Tenant. The Security Deposit shall be delivered to Landlord by the Escrow Agent upon Landlord’s achievement of the Delivery Date Milestone and delivery to the Escrow Agent and Tenant of the evidence of completion for such Milestone as set forth in Section 2.3 above. Landlord and Tenant shall execute a commercially reasonable escrow agreement regarding the escrow of the Security Deposit promptly after execution of this Lease, it being agreed that the Escrow Agent’s standard escrow agreement is commercially reasonable. Landlord shall be required to keep the Security Deposit separate from its general funds and Tenant shall deposit with be entitled to interest thereon. If an Event of Default occurs, Landlord the amount set forth in Article 1 as the “Security Deposit” as security for the performance by Tenant of the terms of this Lease to may, but shall not be performed by Tenantrequired to, and not as prepayment of rent. Landlord may use, apply such portion or portions retain all or any part of the Security Deposit as are reasonably necessary for the following purposes: (i) payment of any Rent or any other sum in default, or for the payment of any other amount which Landlord may spend or become obligated to remedy any spend by reason of such Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or to compensate Landlord for any other monetary payment obligation loss or damage which Landlord may suffer by reason of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other such Event of Default of Tenant to the extent permitted by Law Default, including, without limitation, paying in full on Tenant’s behalf any sums claimed costs and attorneys’ fees incurred by materialmen or contractors Landlord to recover possession of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives If any restriction on the uses to which portion of the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedused or applied, Tenant shall pay to Landlordshall, promptly upon demanddemand therefor, deposit cash with Landlord in an amount in cash sufficient to restore the Security Deposit to its original amount and Tenant’s failure to do so shall constitute an Event of Default. The Security Deposit is not an advance payment of Rent or a measure or limit of Landlord’s damages upon an Event of Default. (b) Except as expressly set forth in this Lease, Tenant acknowledges that Landlord has the full original sum. right to transfer or mortgage its interest in the Building and in this Lease, and Tenant agrees that in the event of any such transfer or mortgage, Landlord shall not be deemed a trustee have the right to transfer or assign the Security Deposit to the transferee or mortgagee. Upon such transfer or assignment of the Security Deposit. , Landlord may use shall be deemed released by Tenant from all liability or obligation for the return of the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled look solely to any interest on the Security Deposit. If Landlord transfers the Leased Premises such transferee or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability mortgagee for the return of the Security Deposit. If Tenant specifically grants shall fully and faithfully perform every provision of this Lease to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises be performed by Tenant to Landlord within which to inspect the Leased Premisesit, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereofbalance thereof shall be returned to Tenant (or, be considered prepaid rentat Landlord’s option, to the last assignee of Tenant’s interest hereunder) within sixty (60) days following the expiration of the Term and surrender of possession of the Premises to Landlord in compliance with the provisions of this Lease.

Security Deposit. Upon The Landlord herewith acknowledges receipt of the Security Deposit in the amount stated in Section 1 hereof, which it is to retain as security for the faithful performance of all covenants, conditions and agreements of this Lease. Landlord shall have the right (but not the obligation) to apply the Security Deposit upon Rent or other obligations in arrears or upon damages for the Tenant’s execution failure to perform the said covenants, conditions and agreements. Any such application by Landlord shall be credited to such obligations of Tenant, but shall not constitute a cure of Tenant’s Default barring Landlord from pursuing any other remedies available under this Lease or at law. Upon such application of the Security Deposit, Tenant shall be obligated to replace such amounts so applied within ten (10) days after demand therefor by Landlord and, upon Landlord’s request, increase the amount of such Security Deposit to an amount not greater than two hundred fifty (250%) percent of the original amount of the Security Deposit. Landlord’s right to the possession of the Demised Premises for non-payment of Rent or for any other reason shall not in any event be affected by reason of the fact that the Landlord holds or applies this Security Deposit. Upon the expiration of the Lease Term, surrender of possession of the Demised Premises by Tenant and Tenant’s full and complete performance of all the terms and conditions of this Lease, Tenant shall deposit with Landlord the amount set forth in Article 1 as the “Security Deposit” as security for the performance by Tenant of the terms of this Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage shall be returned to the Leased Premises caused or permitted Tenant without interest. Landlord shall have the right to occur by Tenant; (iii) apply such Security Deposit to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required any liquidated damages calculated pursuant to the provisions Section 21.2 and any undisbursed portion of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be retained by Landlord and applied as contained in Section 1950.7(c) to any obligations of the California Civil Code and/or any successor statuteTenant or damages incurred by reason of Tenant’s subsequent Default or breach. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. The Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use obliged to keep the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any as a separate fund or pay interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord thereon but may pay commingle the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rentits own funds.

Security Deposit. Upon TenantThe Security Deposit (as defined above) shall be paid by Licensee to JTC on the date of Licensee’s execution of this Lease, Tenant Agreement and shall deposit with Landlord the amount set forth in Article 1 as the “Security Deposit” as security be held by JTC for the performance of Licensee's covenants and obligations under this Agreement. The Security Deposit shall not be considered an advance payment of any Monthly License Fee or other charge or a measure of JTC's damage in case of default by Tenant Licensee. JTC shall not be obligated to place the Security Deposit in an interest bearing account, but instead may commingle the Security Deposit with other funds of JTC, nor shall JTC be required to pay interest thereon. Upon the occurrence of any default by Licensee or breach by Licensee of Licensee's covenants under this Agreement, JTC may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrears of payments of the terms of this Lease Monthly License Fee or other sum due to be performed by TenantJTC hereunder, or to repair any damage or injury, and not pay any expense or liability incurred by JTC as prepayment a result of rent. Landlord may apply such portion the default or portions breach of covenant, and any remaining balance of the Security Deposit shall be returned by JTC to Licensee upon termination of this Agreement as are reasonably necessary for the following purposes: (i) to remedy provided below. If any Event portion of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedused or applied, Tenant Licensee shall pay to Landlordupon ten (10) days written notice from JTC, promptly upon demand, deposit with JTC an amount in cash sufficient to restore the Security Deposit to its original amount. In the full original sum. Landlord event that JTC shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises transfer all or any portion thereof during part of its interest in the Lease TermMaster Premises, Landlord JTC may pay transfer the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord such transferee and shall thereupon be released by Licensee from any and all liability for the return of the Security Deposit. Tenant specifically grants Deposit and Licensee agrees thereafter to Landlord (and Tenant hereby waives look only to such transferee for the provisions return of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event Licensee shall not assign or encumber its interest in the Security Deposit, and JTC shall not be bound by any attempted assignment or encumbrance of Licensee's interest therein. The Security Deposit (or any lesser amount of the Security Deposit to which Licensee is entitled, if applicable) will be returned to Licensee within thirty (30) days after JTC’s final walk-through inspection of the Premises upon the expiration or any portion thereofearlier termination of this Agreement, be considered prepaid rentprovided that Licensee has vacated the Building in strict compliance with the terms and conditions hereof.

Security Deposit. Upon Tenant’s execution of this Lease, Tenant shall deposit has deposited with Landlord the amount Security Deposit set forth in Article 1 the Basic Lease Provisions above, to be held by Landlord during the Term as the “set forth below. The Security Deposit” Deposit shall be held by Landlord without liability for interest and as security for the performance by Tenant of Tenant’s covenants and obligations hereunder, it being expressly understood that the terms Security Deposit shall not be considered as a measure of Tenant’s damages in case of default by Tenant. Landlord may, in its sole discretion, from time to time without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any default under this Lease or to be performed by Tenant, and not as prepayment satisfy any other covenant or obligation of rentTenant hereunder. Landlord may apply Following any such portion or portions application of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedDeposit, Tenant shall pay to Landlord, promptly upon demand, an Landlord on demand the amount so applied in cash sufficient order to restore the Security Deposit to its original amount. If Tenant is not in default at the full original sum. Landlord shall not be deemed a trustee termination of this Lease, the balance of the Security Deposit. Deposit remaining after any such application shall be returned to Tenant within a reasonable period after such termination, after deducting therefrom any unpaid obligation of Tenant to Landlord as may use arise under this Lease, including, without limitation, the Security Deposit in Landlord’s ordinary business and shall not be required obligation of Tenant to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on restore the Security DepositPremises upon termination of this Lease. If Landlord transfers its interest in the Leased Premises or any portion thereof during the Lease TermTerm of this Lease, Landlord may pay assign the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statutetransferee provided that such transferee accepts, in which event writing, to be bound by the transferring terms of this Lease as the landlord shall be released from all liability for hereunder. Provided Tenant is not then in uncured default, the return required amount of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 Deposit shall be reduced to the contraryfollowing amounts on the following dates: Mutual Execution $ 538,069.80 (the “Original Deposit”) a period Beginning of ninety (90) days following a surrender Lease Month 13 $ 403,552.35 Beginning of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rent.Lease Month 25 $ 269,034.90 Beginning of Lease Month 37 $ 134,517.45 Beginning of Lease Month 49 $ 89,678.30

Security Deposit. Upon Tenant’s execution of this Lease, The Tenant shall provide a security deposit with Landlord of [Amount], refundable at lease termination subject to conditions outlined in this agreement. Utilities:The following utilities will be covered by the amount set forth in Article 1 [Landlord/Tenant]: [Specify utilities such as water, electricity, gas]. Any additional utilities will be the “Security Deposit” as security for the performance by Tenant responsibility of the terms Tenant. Use of this Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, :The Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business premises solely for residential purposes and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to engage in any interest illegal activities on the Security Depositproperty. If Maintenance and Repairs:The Tenant agrees to maintain the unit in a clean and sanitary condition and report any needed repairs to the Landlord transfers promptly. Termination:Either party may terminate this agreement by providing written notice of [Notice Period] prior to the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 expiration of the California Civil Code and/or any successor statute, in which event the transferring landlord lease term. Governing Law:This Rental Agreement shall be released from all liability for governed by the return laws of the Security DepositProvince of British Columbia. Tenant specifically grants to Landlord Signed in [City], [Date]. Sincerely,[Landlord’s Signature][Landlord’s Name][Tenant’s Signature][Tenant’s Name] BC Rental Agreement Template – Canada (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary2) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmenBetween:[Landlord’s bName][▇▇▇▇▇▇▇ therefor▇▇’s Address][▇▇▇▇▇▇▇▇’s Phone][Landlord’s Email] And:[▇▇▇▇▇▇’s Name][▇▇▇▇▇▇’s Address] [Tenant’s Phone][Tenant’s Email] Property Description:The rental property is located at [Property Address] and consists of [Description of Property, e.g., number of bedrooms, bathrooms]. Lease Duration:The lease begins on [Start Date] and ends on [End Date]. After the term expires, the lease will continue on a month-to-month basis unless otherwise agreed. Rental Amount:The monthly rent is [Amount], payable by [Payment Method] in advance on the [Due Date] of each month. Security Deposit:The Tenant is required to pay a security deposit of [Amount], retained by the Landlord to cover any potential damages. Responsibilities:The Landlord is responsible for major repairs and maintenance, while the Tenant must keep the premises clean and report issues immediately. Quiet Enjoyment:The Tenant has the right to quiet enjoyment of the property without interference, provided they comply with the terms of this agreement. Alterations:The Tenant must not make any alterations to the property without prior written consent from the Landlord. Governing Jurisdiction:This agreement shall be governed by the laws of British Columbia, Canada. Signed in [City], [Date]. Sincerely,[Landlord’s Signature][Landlord’s Name][▇▇▇▇▇▇’s Signature][▇▇▇▇▇▇’s Name] SamplePDFWORDExamplesPrintable This page includes important tenancy forms for landlords and tenants. Note: Some web browsers may not support all the features of PDF forms, such as fillable or calculating fields and may produce errors. We recommend you download the form and open it using the latest version of Adobe Reader. RTB-1: Residential Tenancy Agreement (PDF, 933KB) June 2023 A Residential Tenancy Agreement is an important legal contract between a landlord and a tenant that outlines the terms of the tenancy. This tenancy agreement template accurately reflects the Residential Tenancy Act RTB-5: Manufactured Home Site Tenancy Agreement (PDF, 2MB) December 2017 A Manufactured Home Site Tenancy Agreement is an important legal contract between a park owner and the manufactured home owner that outlines the terms of the tenancy for the site. This Tenancy Agreement templates accurately reflect the Manufactured Home Park Tenancy Act RTB-27: Condition Inspection Report (PDF, 1.6MB) April 2022 Use this form to record the condition of a rental unit when a tenant moves in and out of a rental unit RTB-22: Notice of Final Opportunity to Schedule a Condition Inspection (PDF, 1.7MB) March 2021 Landlords must use this form when a tenant was not available at the date(s) and time(s) offered to complete an inspection RTB-8: Mutual Agreement to End a Tenancy (PDF, 1.6MB) June 2022 Use this form when both parties agree to end a tenancy RTB-26: Schedule of Parties (PDF, 557 KB) September 2024 Attach this form with the additional names of tenants or landlords RTB- 56a Notice of Manufactured Home Park Rule Change – No Park Committee (PDF, 146KB) (June 2025) RTB - 56b. Notice of Manufactured Home Park Rule Change – Park Committee (PDF, 146KB) (June 2025) RTB - 57. Additional Manufactured Home Park Rule Changes (PDF,103KB) (April 2024) Other forms for landlords and tenants Landlords RTB-7: Notice of Rent Increase - Residential Rental Units (PDF, 636KB) August 2024 Landlords must use this form to notify tenants of rent increases RTB-52: Application for Additional Rent Increase (PDF, 1,142KB) July 2021 RTB-53- P1: Notice of Additional Rent Increase - Eligible Capital Expenditures (Phase 1) (PDF, 331KB) January 2022 This form must be used to issue a notice of rent increase to the tenant(s) only after the landlord has successfully applied for an additional rent increase for eligible capital expenditures The accompanying form, RTB-53-P1D, must be attached to this form with the details of the rent increase You can complete the RTB-53-P1D form manually or use the Phase 1 Additional Rent Increase Calculator to complete and generate the RTB-53-P1D form. RTB-53-P1D: Notice of Additional Rent Increase – Eligible Capital Expenditures (Phase 1 Details) (PDF, 331KB) January 2022 This form must be used to issue a notice of rent increase to the tenant(s) only after the landlord has successfully applied for an additional rent increase for eligible capital expenditures You can complete this form manually or use the Phase 1 Additional Rent Increase Calculator to complete and generate the RTB-53-P1D form. RTB-53-P2: Notice of Additional Rent Increase – Eligible Capital Expenditures (Phase 2) (PDF, 474KB) June 2023 This form must be used to issue a notice of rent increase to the tenant(s) only after the landlord has: The accompanying form RTB-53-P2D must be attached to this form with the details of the rent increase You can complete the RTB-53-P2D form manually or use the Phase 2 Additional Rent Increase Calculator to complete and generate the RTB-53-P2D form. RTB-53-P2D: Notice of Additional Rent Increase – Eligible Capital Expenditures (Phase 2 Details) (PDF, 344KB) July 2024 This form must be used to issue a notice of rent increase to the tenant(s) only after the landlord has successfully applied for an additional rent increase for eligible capital expenditures You can complete the RTB-53-P2D form manually or use the Phase 2 Additional Rent Increase Calculator to complete and generate the RTB-53-P2D form. RTB-53-P3: Notice of Additional Rent Increase - Eligible Capital Expenditures (Phase 3) (PDF 140KB) June 2024 This form must be used to issue a notice of rent increase to the tenant(s) only after the landlord has: The accompanying form RTB-53-P3D must be attached to this form with the details of the rent increase RTB-53-P3D: Notice of Additional Rent Increase - Eligible Capital Expenditures (Phase 3 Details) (PDF 137KB) June 2024 This form must be used to issue a notice of rent increase to the tenant(s) only after the landlord has successfully applied for an additional rent increase for eligible capital expenditures RTB-45: Notice of Standard Rent Increase – Manufactured Home Site (PDF, 270KB) September 2024 Manufactured home park landlords must use this form, or RTB-11A, to notify tenants of rent increases RTB-11A: Notice of Rent Increase - Manufactured Home Site - (auto-calculating version) (PDF, 282 KB) September 2024 Manufactured home park landlords must use this form to notify tenants of rent increases above the standard amount Check the bottom of page one to be sure that the version matches the date listed above (if an older version shows, clear your browser cache) RTB-35: 45 Day Notice of Availability. (PDF, 242 KB) July 2021 Landlords can use this form when a tenant has exercised their right of first refusal to enter into a new tenancy agreement, and prepare it is at least 45 days before the completion of the renovations or repairs, to notify a final accounting tenant of the unit's availability RTB-24: Notice Terminating or Restricting a Service or Facility (PDF, 1738 KB) March 2021 Landlords must use this form to terminate or restrict a service or facility to a rental unit or manufactured home site Tenants RTB-49: Ending Fixed-Term Tenancy Confirmation Statement (PDF, 242KB) January 2021 Standard dispute resolution forms Landlords and tenants RTB- 17: Application to Waive Filing Fee (PDF, 677 KB) May 2024 Use this form to request waiving the fee for filing a dispute resolution application RTB-51: Address for Service (PDF, 510KB) March 2021 This document is used to provide an email address for service of documents RTB-55: Proof of Service Notice of Dispute Resolution Proceeding (PDF, 788KB) (January 2025) This document is used to prove service of the dispute resolution package RTB-9: Proof of Service Notice of Expedited Hearing (PDF, 586 KB) February 2022 This document is used to prove service of the Expedited Hearing Proceeding Package RTB-43: Digital Evidence Details (PDF, 597KB) February 2023 For parties submitting digital evidence like photos, videos or audio recordings on a digital device RTB-37: Monetary Order Worksheet (PDF, 1480 KB) June 2011 Use this form to present evidence related to an application that involves a monetary order RTB-26: Schedule of Parties (PDF, 557 KB) March 2021 Attach this form with respect the additional names of applicants or respondents RTB-42O: Other Request to Amend an Application for Dispute Resolution to change address, add or remove a party or remove a claim (PDF, 639KB) February 2025 Landlords and tenants can use this form to add or remove a party, remove an existing claim or change a service address To add a related claim or change an existing claim, tenants can use form RTB-42T and landlords can use form RTB-42L RTB-36: Request Alternate Dispute Resolution Hearing or Facilitated Settlement Format (PDF, 600 KB) March 2025 A party to a hearing may use this form to request that a hearing be held in an alternate format Landlords RTB-12L-CT: Landlord's Application for Dispute Resolution (Current Tenancy) (PDF, 1250 KB) June 2025 Landlords with tenants who are currently living in the unit can use this form to apply for dispute resolution in order to resolve a residential tenancy dispute RTB-12L-PT: Landlord Application for Dispute Resolution (Past Tenancy) (PDF, 976 KB) May 2023 Landlords with tenants who are no longer living in the unit can use this form to apply for dispute resolution in order to resolve a residential tenancy dispute RTB-34: Proof of Service Notice to End Tenancy and Written Demand to Pay Utilities (PDF, 263 KB) June 2025 Landlords can use this form to prove that a notice was served properly RTB-12L-EXH: Landlord's Application for Dispute Resolution Expedited Hearing (PDF, 1030 KB) September 2023 Landlords must use this form to apply for an expedited hearing for emergency matters, where urgency and fairness necessitate shorter service and response time limits RTB-12L-O: Landlord Application for Dispute Resolution (Other) (PDF, 579 KB) January 2021 Landlords can use this form to apply for an order of possession because the rental unit is uninhabitable, or for the tenant to follow the manufactured home park rules, or to apply for an issue not found on the Landlord’s Application for Dispute Resolution (RTB-12L-CT or RTB-12T-PT). This form must be accompanied by an Application for Dispute Resolution RTB- 42L: Landlord Request to Amend an Application for Dispute Resolution (PDF, 735KB) June 2025 Landlords must use this form to amend an application for dispute resolution RTB-18: Landlord's Request to Join Applications for Dispute Resolution (PDF, 1781 KB) March 2021 Landlords may use this application to request 2 or more related dispute resolutions be heard together Tenants RTB-12T-CT: Tenant Application for Dispute Resolution (Current Tenancy) (PDF, 1250 KB) June 2025 Tenants who are currently living in the unit where the dispute took place can use this form to apply for dispute resolution in order to resolve a residential tenancy dispute RTB-12T-PT: Tenant Application for Dispute Resolution (Past Tenancy) (PDF, 1077, KB) March 2022 Tenants who no longer live in the unit where the dispute started can use this form to apply for dispute resolution in order to resolve a residential tenancy dispute RTB-12T-EXH: Tenant Application for Dispute Resolution Expedited Hearing (PDF, 1030 KB) September 2023 Tenants must use this form to apply for an expedited hearing for emergency matters, where urgency and fairness necessitate shorter service and response time limits RTB-12T-O: Tenant Application for Dispute Resolution (Other) (PDF, 673 KB) January 2021 Tenants can use this form to determine if the Tenancy Branch has jurisdiction over a dispute, apply for an order of possession because the rental unit is uninhabitable or if an issue or claim is not found on the Tenant’s Application for Dispute Resolution (RTB-12T-CT or RTB-12T-PT). This form must be accompanied by an Application for Dispute Resolution RTB-42T: Tenant Request to Amend an Application for Dispute Resolution (PDF, 790KB) June 2025 Tenants must use this form to amend an application for dispute resolution RTB-19: Tenant's Request to Join Applications for Dispute Resolution (PDF, 1802 KB) March 2021 Tenants may use this application to request two or more related dispute resolutions be heard together Direct request dispute resolution forms Landlords RTB-12L- DR: Landlord Application for Dispute Resolution Direct Request (PDF, 898 KB) March 2022 After serving the 10 Day Notice to End Tenancy for Unpaid Rent or Utilities RTB-30, landlords can use this form to apply for an Order of Possession and a Monetary Order for Unpaid Rent or Utilities when the tenant has neither paid the amount owing nor applied to the Residential Tenancy Branch to cancel the notice within 5 days of receiving it RTB-46: Landlord Direct Request Worksheet (PDF, 632KB) October 2015 Landlords can use this form to present evidence related to an application for direct request for an Order of Possession and a Monetary Order for Unpaid Rent or Utilities RTB-34: Proof of Service Notice to End Tenancy and Written Demand to Pay Utilities (PDF, 263 KB) March 2021 Landlords can use this form to prove that a notice was served properly RTB-44: Landlord's Proof of Service Direct Request Proceeding (PDF, 549KB) November 2022 This document is used to prove service for a Direct Request Proceeding Tenants RTB- 12T-DR: Tenant Application for Dispute Resolution - Direct Request for Return of Security Deposit. In no event shall or Pet Damage Deposit (PDF, 898 KB) March 2022 Tenants may use the Security Deposit or any portion thereof, be considered prepaid rent.Direct Request process to apply for an Order to Pay Deposits when the landlord has not paid the amount owing within the time period required RTB-40: Tenant Direct Request

Security Deposit. Upon Tenant’s execution Pursuant to the provisions of this the Termination Agreement, Landlord hereby agrees that upon the termination of the Current Lease, Current Landlord shall, after first deducting all amounts necessary to cure all defaults by Tenant shall under the Current Lease, transfer to Landlord all amounts then held by Current Landlord as a security deposit with Landlord the amount set forth in Article 1 as the “Security Deposit” as security for the benefit of Tenant pursuant to the Current Lease, and all sums so transferred shall be held by Landlord as a Security Deposit for the faithful performance by Tenant of its obligations under this Lease. Within five (5) days following written demand from Landlord, Tenant shall deliver to Landlord the terms difference, if any, between the remainder of this the security deposit under the Current Lease delivered by Current Landlord to be performed by Tenant, Landlord and not as prepayment of rent. Landlord may apply such portion or portions the amount of the Security Deposit required by and as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant set forth in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rentBasic Lease Information. If Tenant is in default hereunder, Landlord may, but without obligation to do so, use all or any other monetary payment obligation portion of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit to cure the default or to compensate Landlord for all damages sustained by Landlord in connection therewith, Tenant shall, within ten (10) business days of written demand, pay to Landlord a sum equal to the portion of the Security Deposit so applied or used to replenish the amount of the Security Deposit held to increase such deposit to the amount initially deposited with Landlord. Such notice by Landlord may be applied as contained in Section 1950.7(c) the form of the California a notice to perform covenant or quit pursuant to Code of Civil Code and/or Procedure 1161, or any successor statute. In Within thirty (30) days after the event expiration or termination of this Lease and vacation of the Security Deposit or any portion thereof is so usedPremises by Tenant, Tenant Landlord shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore return the Security Deposit to Tenant, less such amounts as are reasonably necessary, as determined by Landlord, to remedy Tenant’s default(s) hereunder or to otherwise restore the full original sumPremises to the condition required hereunder. If the cost to restore the Premises exceeds the amount of the Security Deposit Tenant shall promptly deliver to Landlord any and all of such excess sums. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use required to keep the Security Deposit in Landlord’s ordinary business and shall not be separate from other funds, and, unless otherwise required to segregate it from Landlord’s general accounts. by law, Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event or circumstance shall Tenant have the right to any use of the Security Deposit and, specifically, Tenant may not use the Security Deposit as a credit or to otherwise offset any portion thereof, be considered prepaid rentpayments required hereunder.

Security Deposit. Upon Tenant’s execution of this Lease, Tenant Lessee shall deposit with Landlord the amount set forth in Article 1 as Authority, and continuously maintain throughout the “Security Deposit” as security for the performance by Tenant of the terms term of this Lease to be performed by TenantAgreement, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and the amount of which shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of equal approximately ninety (90) days following Concession Fees, ground rent and maintenance and operations fees. The Security Deposit must be in the form of an irrevocable Letter of Credit ("LC"), a surrender surety bond or cash, when permitted in the sole discretion of the Leased Premises Authority. A Security Deposit in the form of a LC or bond must be drawn on a bank, insurance or other financial institution acceptable to the Authority and shall be in a form acceptable to the Authority. The Security Deposit shall be subject to annual increases or decreases each Lease Year and shall be adjusted at the same time each year. Lessee shall have thirty (30) days after receipt of the new Security Deposit amount to adjust the Security Deposit by Tenant to Landlord within which to inspect amending the Leased PremisesLC, make required restorations and repairsbond or, receive and verify workmen’s bwhen permitted, the amount of cash on hand with the Authority. The Security Deposit shall secure ▇▇▇▇▇▇▇ therefor's full and faithful performance and observance of all of ▇▇▇▇▇▇'s obligations under this Agreement and under any other written agreement between Lessee and the Authority specifically referring to this Security Deposit. The Security Deposit shall not be considered to be held in trust by the Authority for the benefit of ▇▇▇▇▇▇, and prepare shall not be considered an advance payment of Rent or a final accounting with respect measure of the Authority's damages in the case of an Event of Default by ▇▇▇▇▇▇. The Authority may, but shall not be obligated to, draw upon and apply the Security Deposit to: (a) pay any Rent or Additional Rent not paid on or before the date it is due and the Authority shall not be required to give notice or opportunity to cure before drawing on the Security Deposit; and/or (b) remedy any other violation of this Agreement, after ▇▇▇▇▇▇ has received notice and opportunity to cure as provided in Article 13. In no event shall Default of this Agreement. Further, the Authority may draw down the entire Security Deposit immediately, without notice to ▇▇▇▇▇▇, upon receipt of a notice of non-renewal of the Letter of Credit or surety bond. If the Authority applies any of the Security Deposit to any of the above, Lessee shall, immediately upon demand, replenish the Security Deposit to its full amount. If ▇▇▇▇▇▇ fully performs all of its obligations under this Agreement, the Security Deposit, or any portion thereofbalance remaining, will be considered prepaid rentreleased within thirty (30) days from the expiration date or termination of this Agreement and delivery of the Leased Premises to the Authority. However, if any question exists concerning Lessee's full compliance with the Agreement or if there is any obligation under this Agreement to be performed after the expiration date or earlier termination of this Agreement, the Authority shall be entitled to require that the Security Deposit remain in place until the Authority is fully satisfied that there has been no violation of the Agreement and all obligations due under this Agreement have been fully performed, even if it takes the Authority longer than ninety (90) days to make such a determination to the Authority's satisfaction.

Security Deposit. Upon Tenant’s execution Tenant shall pay to Landlord the Security Deposit shown on the Lease Summary as security for the faithful performance by Tenant of all the terms and conditions of this Lease of which ▇▇▇▇▇▇ is obligated to perform hereunder, and for the payment of any damages to which Landlord may be entitled hereunder if Tenant defaults under the Lease, following all applicable notice and cure periods. Landlord shall inspect the Office Suite within twenty (20) days after the Expiration Date or earlier termination date of this Lease, Tenant shall deposit with Landlord note in writing any damages or other items for which ▇▇▇▇▇▇ was responsible hereunder, shall deduct from the amount set forth in Article 1 as Security Deposit the “Security Deposit” as security for the performance by Tenant of the terms of this Lease amounts reasonable necessary to be performed by Tenantcure or remedy such items, and not as prepayment of rent. Landlord may apply such portion or portions shall return the balance of the Security Deposit as are reasonably necessary for to Tenant, without interest, with the following purposes: written list of deductions, within thirty (i30) to remedy any Event days after the Expiration Date or earlier termination date of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) . At any time during the Term, Landlord shall have the right to repair damage to the Leased Premises caused apply any or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions all of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be to cure any default of Tenant following the applicable notice and opportunity to cure. If Landlord does so, then Tenant shall upon demand, deposit with Landlord an amount equal to the amount so applied as contained in Section 1950.7(c) of so that Landlord shall have the California Civil Code and/or any successor statutefull Security Deposit on hand at all times during the Term. In the event Landlord sells or transfers its interest in the Security Deposit or any portion thereof is so usedBuilding and this Lease, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. then Landlord shall not be deemed a trustee of have the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required right to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on transfer the Security Deposit. If it does so, then Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be considered released by Tenant from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (, and Tenant hereby waives the provisions of California Civil Code Section 1950.7 shall look solely to the contrary) a period transferee for the return of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no the event shall of any permitted assignment of Tenant’s estate or interest in the Office Suite, the Security Deposit or any portion thereofshall be deemed to be held by Landlord as a deposit made by the assignee and Landlord shall not have to return the Security Deposit to the original Tenant, be considered prepaid rentbut shall return it to the new tenant as required by this Lease.

Security Deposit. Upon Tenant’s Landlord and Tenant acknowledge and agree that Landlord is, as of the date hereof, holding an amount equal to Thirty-One Thousand Dollars ($31,000.00) as the security deposit (“Existing Deposit”) under that certain office lease dated January 22, 1997 by and between Landlord (as successor-in-interest in the lease to the prior landlord) and Tenant (as amended, the “Existing Lease”). On the date of the full execution and delivery of this Lease by Landlord and Tenant, such Existing Deposit (less any amounts of the Existing Deposit applied by Landlord to remedy any default by Tenant under the Existing Lease) shall be transferred by Landlord so that the Existing Deposit (or portion thereof) shall constitute a portion of the Security Deposit required hereunder. Concurrently with Tenant's execution and delivery of this Lease to Landlord, Tenant shall deposit with Landlord the difference (i.e., $4,273.92 as of the date hereof) between the Security Deposit required hereunder and the actual amount set forth in Article 1 as of the “Existing Deposit under the Existing Lease so transferred by Landlord. The Security Deposit” Deposit shall be held by Landlord as security for the full and faithful performance by Tenant of all of the terms terms, covenants and conditions of this Lease to be performed by TenantTenant during the Term. If Tenant defaults with respect to any of its obligations under this Lease, and not as prepayment of rent. Landlord may (but shall not be required to) use, apply such portion or portions retain all or any part of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, any rent or any other monetary sum in default, or for the payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event amount, loss or damage which Landlord may spend, incur or suffer by reason of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf default. If any sums claimed by materialmen or contractors portion of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedused or applied, Tenant shall pay to Landlordshall, promptly upon demandwithin ten (10) days after demand therefor, deposit cash with Landlord in an amount in cash sufficient to restore the Security Deposit to the full its original sumamount. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use required to keep the Security Deposit in Landlord’s ordinary business separate from its general funds, and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers sells its interest in the Leased Premises or any portion thereof Building during the Lease Term, Term and if Landlord may pay deposits with the purchaser the Security Deposit (or balance thereof), and such purchaser acknowledges receipt thereof, then, upon such sale, Landlord shall be discharged from any further liability with respect to any subsequent owner in conformity with the Security Deposit. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code and/or any successor statuteCode, and all other provisions of law, now or hereafter in force, which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in which event addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the transferring landlord shall be released from all liability for act or omission of Tenant or any Tenant Parties (as defined in Section 6.4 below). Within sixty (60) days after the return expiration of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ thereforTerm, and prepare a final accounting with respect to the Security Deposit. In no event shall provided Tenant fully and faithfully performs every provision of this Lease, the Security Deposit or any portion thereofbalance thereof shall be returned to Tenant (or, at Landlord's option, to Tenant’s “Transferee”, as such term is defined in Section 14 below), provided that subsequent to the expiration of this Lease, Landlord may retain from said Security Deposit (i) an amount reasonably estimated by Landlord to cover potential Operating Expense reconciliation payments due with respect to the calendar year in which this Lease terminates or expires (and any amounts so retained and not applied to such reconciliation shall be considered prepaid rentreturned to Tenant within sixty (60) days after Landlord’s delivery of the Statement for such calendar year), (ii) any and all amounts reasonably estimated by Landlord to cover the anticipated costs to be incurred by Landlord to remove any signage provided to Tenant under this Lease, to remove cabling and other items required to be removed by Tenant under this Lease and to repair any damage caused by such removal (in which case any excess amount so retained by Landlord shall be returned to Tenant within sixty (60) days after such removal and repair), and (iii) any and all amounts permitted by law or this Section 5.

Security Deposit. Upon Tenant’s execution The Security Deposit shall be delivered to Landlord on or before the Commencement Date of this Leasethe Lease by Tenant and shall be held by Landlord (without liability for interest, Tenant shall deposit with Landlord except to the amount set forth in Article 1 as the “Security Deposit” extent required by Law) as security for the performance by Tenant of the terms Tenant’s obligations under this Lease. The Security Deposit is not an advance payment of this Lease to be performed by Rent or a measure of Tenant, and not as prepayment of rent’s liability for damages. Landlord may apply such may, from time to time while an event of default remains uncured, without prejudice to any other remedy, use all or a portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy satisfy past due Rent, cure any Event of Default uncured default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rentTenant, or any other monetary payment obligation of repay Landlord for damages and charges for which Tenant is legally liable under this Lease; (ii) to repair damage to the Leased Premises caused Lease or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on resulting from Tenant’s behalf any sums claimed by materialmen or contractors breach of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premisesthis Lease. In this regard, Tenant hereby waives any restriction on the If Landlord uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedDeposit, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to on demand restore the Security Deposit to the full its original sum. amount and such use by Landlord shall not be deemed a trustee of the Security Deposit. Deposit shall not constitute a cure of the existing event of default until such time as the entire amount owing to Landlord may use is paid in full and the Security Deposit is fully restored. Provided that Tenant has performed all of its obligations hereunder, Landlord shall return any unapplied portion of the Security Deposit to Tenant within 30 days after the later to occur of: (A) the date Tenant surrenders possession of the Premises to Landlord in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accountsaccordance with this Lease; or (B) the Expiration Date. Tenant shall not be entitled does hereby authorize Landlord to any interest on withhold from the Security DepositDeposit all amounts allowed by Law and the amount reasonably anticipated by Landlord to be owed by Tenant as a result of an underpayment of Tenant’s Pro Rata Share of any Excess Operating Expenses for the final year of the Term. To the fullest extent permitted by applicable Law, Tenant agrees that the provisions of this Article 6 shall supersede and replace all statutory rights of Tenant under applicable Law regarding the retention, application or return of security deposits. If Landlord transfers its interest in the Leased Premises or any portion thereof during the Lease TermPremises, Landlord may pay shall assign the Security Deposit to any subsequent owner in conformity with the provisions transferee and, following the assignment and the delivery to Tenant of Section 1950.7 an acknowledgement of the California Civil Code and/or any successor statutetransferee’s responsibility for the Security Deposit if required by Law, in which event the transferring landlord Landlord shall be released from all have no further liability for the return of the Security Deposit. Tenant specifically grants Landlord shall not be required to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall keep the Security Deposit or any portion separate from its other accounts. Notwithstanding the foregoing and provided no event of default has occurred, Landlord shall credit one-third of the Security Deposit against the Base Rent due for the thirty-seventh (37) month of the Term, and one-third of the Security Deposit (being one-half of the remaining balance thereof, be considered prepaid rent) against the Base Rent due for the forty-ninth (49) month of the Term.

Security Deposit. Upon Tenant’s mutual execution of this Lease, Tenant shall deposit with Landlord good funds in the amount of the Security Deposit (if any) set forth in Article 1 as the “Security Deposit” as security for Principal Lease Provisions, to secure the performance by Tenant of the terms of its obligations under this Lease to be performed by Lease, including without limitation Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: ’s obligations (i) to remedy any Event of Default by Tenant in the payment of Base pay Basic Monthly Rent or and Additional Rent or a late charge or interest on defaulted rent(as defined below), or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage damages to the Leased Premises and/or the Project caused by Tenant or permitted to occur by Tenant; ’s agents, employees, contractors, licensees, and invitees (collectively, “Tenant’s Invitees”), (iii) to clean and restore and repair surrender the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2by Paragraph 24, below, and (iv) to remedy any other Event defaults by Tenant in the performance of Default any of its obligations under this Lease. If Tenant commits any default under this Lease, Landlord may, at its election, use funds from the Security Deposit to pay the extent permitted reasonable cost of curing such default, and to compensate Landlord for all damages actually suffered by Law Landlord which are directly attributable to such default, including, without limitation, paying in full on Tenant’s behalf any sums claimed reasonable attorneys’ fees and costs incurred by materialmen or contractors of Tenant to be owing to them Landlord. Upon demand by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regardLandlord, Tenant hereby waives shall promptly pay to Landlord a sum equal to any restriction on the uses to which portion of the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to used by Landlord, promptly upon demand, an amount in cash sufficient order to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use maintain the Security Deposit in Landlordthe amount set forth in the Principal Lease Provisions above (subject to increase as set forth below). Within 30 days following the Expiration Date or earlier termination of this Lease, Landlord shall deliver to Tenant, at Tenant’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or last known address, any portion thereof during the Lease Term, Landlord may pay of the Security Deposit to any subsequent owner not used by Landlord, as provided in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of this Paragraph. Landlord may commingle the Security DepositDeposit (and any advance Rent received by Landlord) with Landlord’s other funds and Landlord shall not pay interest on such Security Deposit to Tenant. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period any similar principals of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting law with respect to the Security Deposit. In no event shall Landlord’s ability to apply the Security Deposit or any portion thereofagainst future rent damages. Furthermore, upon lawful termination of the Lease as a result of Tenant’s default, Landlord shall be considered prepaid rententitled to immediately apply the Security Deposit against damages without the requirement that Tenant first be given notice and an opportunity to cure, and notwithstanding that the damages have not been finally adjudicated by a court.

Security Deposit. Upon Concurrently with Tenant’s execution of this Lease, Tenant shall deposit with Landlord the amount set forth in Article 1 as the “Security Deposit” of $20,385.00 as security for the performance of all of Tenant’s obligations under this lease. Each time monthly fixed rent is increased, Tenant shall deposit additional cash with Landlord sufficient to increase the security deposit to the then current monthly fixed rent. Upon any default by Tenant under this lease, Landlord may, but shall not be obligated to, use, apply or retain all or any part of the terms of this Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary security deposit for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rentany rent in default, or any other monetary payment obligation liabilities which Landlord may incur as a result of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on connection with Tenant’s behalf default. If any sums claimed by materialmen portion of the security deposit is so used or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regardapplied, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained shall, within five (5) days after written demand therefor, deposit cash with Landlord in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit security deposit to the full original sumamount required. Tenant’s failure to do so shall constitute a material default hereunder. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it keep the security deposit separate from Landlord’s its general accounts. funds, and Tenant shall not be entitled to any receive interest on the Security Depositsecurity deposit unless required by applicable law. If Tenant complies with all of the provisions of this lease, the unused portion of the security deposit shall be returned to Tenant (or, at Tenant’s option, to the last assignee of Tenant’s interest hereunder) within thirty (30) days after the expiration or sooner termination of the lease term and the surrender of possession of the premises to Landlord in the condition required hereby. If Landlord transfers or mortgages its interest in the Leased Premises premises during the lease term and transfers or assigns any unapplied portion of the security deposit to the transferee or mortgagee, Landlord shall have no further liability to Tenant (or any portion thereof during assignee of Tenant’s interest hereunder) with respect to the Lease Term, Landlord may pay the Security Deposit security deposit and Tenant shall look solely to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability such transferee or mortgagee for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rentsecurity deposit.

Security Deposit. Upon Tenant’s The Security Deposit shall be in the form of an irrevocable letter of credit (the "Letter of Credit") which shall: (a) be in the amount of $1,200,000.00; (b) be issued on the form attached hereto as Exhibit G; (c) name Landlord as its beneficiary; (d) be drawn on an FDIC insured financial institution satisfactory to Landlord; and (e) expire no earlier than 30 days after the Termination Date of this Lease. The Security Deposit shall be delivered to Landlord upon the execution of this Lease, Lease by Tenant and shall deposit with be held by Landlord the amount set forth in Article 1 as the “Security Deposit” without liability for interest (unless required by Law) as security for the performance by Tenant of the terms Tenant's obligations. The Security Deposit is not an advance payment of this Lease to be performed by Rent or a measure of Tenant, and not as prepayment of rent's liability for damages. Landlord may apply such may, from time to time, without prejudice to any other remedy, use only that portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) required to remedy satisfy past due Rent or to cure any Event of Default default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or that remains uncured beyond any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean applicable notice and restore and repair the Leased Premises following their surrender to cure period. If Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedDeposit, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to on demand restore the Security Deposit to the full its original sumamount. Landlord shall not be deemed a trustee return any unapplied portion of the Security Deposit. Deposit to Tenant within 30 days after the later to occur of: (1) the date Tenant surrenders possession of the Premises to Landlord may use in accordance with this Lease; or (2) the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Depositdate this Lease terminates. If Landlord transfers its interest in the Leased Premises or any portion thereof during the Lease TermPremises, Landlord may pay shall assign the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of transferee and, following the California Civil Code and/or any successor statuteassignment, in which event the transferring landlord Landlord shall be released from all have no further liability for the return of the Security Deposit, provided the transferee assumes in writing Landlord's liability hereunder. Tenant specifically grants Landlord shall not be required to Landlord (and Tenant hereby waives keep the provisions of California Civil Code Section 1950.7 Security Deposit separate from its other accounts. Notwithstanding anything herein to the contrary) a , provided Tenant is not in default under this Lease beyond any applicable notice or cure period of ninety (90) days following a surrender as of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to effective date of any reduction of the Security Deposit. In no event , Tenant shall have the right to reduce the amount of the Security Deposit or any portion thereof(i.e., the Letter of Credit) to be considered prepaid rentas follows: (i) $800,000.00 effective as of the 5th anniversary of the Commencement Date; and (ii) $400,000.00 effective as of the 6th anniversary of the Commencement Date. Such reduction shall be accomplished by having Tenant provide Landlord with a substitute letter of credit in the reduced amount.

Security Deposit. Upon TenantAs a condition to Sublandlord’s execution of this LeaseSublease, Tenant Subtenant shall deposit with Landlord the amount set forth in Article 1 as deliver to Sublandlord a $1,000,000 letter of credit (the “Security Deposit” as security for ”) that is issued by a national banking association and is in form and substance reasonably satisfactory to Sublandlord. The letter of credit shall be valid during the performance by Tenant Term of the terms Sublease and for a period of this Lease to be performed by Tenant, and not as prepayment sixty (60) days following the later of rent. Landlord may apply such portion or portions expiration of the Security Deposit as are reasonably necessary for Term or Subtenant’s vacation of the following purposes: (i) to remedy Subleased Premises. Upon the occurrence of any Event of Default by Tenant in Subtenant, Sublandlord shall have the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rentright, or without prejudice to any other monetary payment obligation remedy, and without notice to or pre-approval of Tenant under this Lease; (ii) Subtenant, to repair damage submit a sight draft to the Leased Premises caused or permitted bank that issued the letter of credit representing the Security Deposit, in an amount equal to occur by Tenant; (iii) a sum necessary to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered pay any arrearages in the condition required pursuant to the provisions of Article 2Rent, and (iv) to remedy any other damage, injury or expense, provided that such sight draft must be accompanied by a statement from an officer of the Sublandlord setting forth under penalty of perjury that an Event of Default of Tenant Subtenant has occurred, and that the amount requested is the amount reasonably believed necessary to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf cure such Event of Default. If any sums claimed by materialmen or contractors portion of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained is so used or applied, then Subtenant shall deliver to Sublandlord a replacement letter of credit in Section 1950.7(c) the amount of $1,000,000 that is issued by a national banking association and is in form and substance reasonably satisfactory to Sublandlord and Sublandlord shall return the original letter of credit to Subtenant on receipt of the California Civil Code and/or any successor statutereplacement letter of credit. In the no event shall Sublandlord be required to apply the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore Deposit. Subtenant may not apply the Security Deposit to the full original sumpayment of Rent or the performance of other obligations. Landlord shall The Security Deposit will not be deemed a trustee limitation on Sublandlord’s damages or a payment of liquidated damages. The original letter of credit will be returned to Subtenant (minus such amounts as are reasonably necessary to cure any then existing Event of Default by Subtenant) within 30 days after the later of the expiration of the Term or Subtenant’s vacation and surrender of the Subleased Premises in the condition required under the Lease. If Sublandlord transfers its interest in the Sublease during the Term, Sublandlord shall assign the Security Deposit to the transferee (and Subtenant shall execute such documents as may be necessary to effect such transfer), and thereafter Sublandlord shall have no further liability to Subtenant for the Security Deposit. Landlord may use Subtenant shall pay all fees charged by the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on bank issuing the letter of credit representing the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rent.

Security Deposit. Upon Tenant’s The Security Deposit, which shall be paid upon execution of this Lease, Tenant shall deposit with be held by Landlord the amount set forth without liability for interest and not in Article 1 as the “Security Deposit” trust or in a separate account, as security for the performance by Tenant of the terms of Tenant’s covenants and obligations under this Lease to be performed by Tenant, and not as prepayment of rentLease. Landlord may apply such portion or portions of the The Security Deposit as are reasonably necessary for shall not be considered an advance payment of rental or a measure of Landlord’s damages in case of default by ▇▇▇▇▇▇. Upon the following purposes: (i) to remedy occurrence of any Event of Default by Tenant ▇▇▇▇▇▇, Landlord may, from time to time in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rentits sole discretion, or without prejudice to any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to remedy, use and apply the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant Security Deposit to the extent permitted necessary to make good any arrearages of rent and any other damage, injury, expense or liability suffered by Law including, without limitation, paying in full on Tenant’s behalf Landlord by such Event of Default. Following any sums claimed by materialmen or contractors such application of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedDeposit, Tenant shall pay to Landlord, promptly upon demand, an Landlord on demand as Additional Rent the amount so applied in cash sufficient order to restore the Security Deposit to the full its original sumamount. Landlord shall If Tenant is not be deemed a trustee then in default hereunder, any remaining balance of the Security Deposit. Deposit shall be returned by Landlord may use to Tenant within thirty (30) days after the Security Deposit in Landlord’s ordinary business termination of this Lease and shall not be required to segregate it from Landlord’s general accounts. (i) Tenant shall not be entitled have surrendered the entire Premises to any interest on Landlord, (ii) Landlord shall have inspected the Security DepositPremises after such vacation, and (iii) Tenant shall have complied with all of the terms, conditions and covenants in the Lease including payment of Basic Rental, Additional Rent, and accrued but unpaid late charges. If Landlord transfers its interest in the Leased Premises or any portion thereof during the Lease Term, Landlord may pay shall assign the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord transferee and thereafter shall be released from all have no further liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rentsuch deposit.

Security Deposit. Upon Tenant’s In the event Tenant does not exercise, its first and/or second option to extend the Term pursuant to Paragraph 38.B. of this Lease, Tenant agrees to deposit with Landlord no later than twelve (12) months prior to the expiration of the Term, or the extended Term upon execution of this Lease, Tenant shall a security deposit with Landlord as stated in the amount set forth in Article 1 as Basic Lease Information (the “"Security Deposit” "), which sum shall be held and owned by Landlord, without obligation to pay interest, as security for the performance of Tenant's covenants and obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of damages incurred by Tenant Landlord in case of Tenant's default. Upon the terms occurrence of this Lease to be performed any event of default by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) from time to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or time without prejudice to any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused remedy provided herein or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2law, and (iv) to remedy any other Event of Default of Tenant use such fund as a credit to the extent permitted necessary to credit against any arrears of Rent or other payments due to Landlord hereunder, and any other damage, injury, expense or liability caused by Law includingsuch event of default, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, and Tenant shall pay to Landlord, promptly upon on demand, an the amount so applied in cash sufficient order to restore the Security Deposit to its original amount. Although the full original sum. Landlord Security Deposit shall not be deemed a trustee the property of Landlord, any remaining balance of such deposit shall be returned by Landlord to Tenant shall pay to Landlord, on demand, the amount so applied in order to restore the Security DepositDeposit to its original amount. Although the Security Deposit shall be deemed the property of Landlord, any remaining balance of such deposit shall returned by Landlord to Tenant at such time after termination of this Lease that all of Tenant's obligations under this Lease have been fulfilled, reduced by such amounts as may be required by Landlord to remedy defaults on the part of Tenant in the payment of Rent or other obligations of Tenant under this Lease, to repair damage to the Premises, Building or Project caused by Tenant or any Tenant's Parties and to clean the Premises. Landlord may use and commingle the Security Deposit in with other funds of Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rent.

Security Deposit. Upon Tenant11.1 Except where otherwise provided in writing, the Agent shall hold the deposit in accordance with the Housing Act 2004 and the Tenant Fees Act 2019. Such deposit shall be the equivalent of five or six weeks rent. The Agent will within thirty days of the signing of the Tenancy Agreement (or such other period as shall be prescribed by legislation) subscribe to one of the designated Tenancy Deposit Schemes and within such period shall provide to the Landlord and to the Landlord's tenant full details of the scheme including such other information as may be reasonably required. 11.2 After the termination of the Tenancy the Landlord shall use his best endeavors to agree with his tenant what deductions should be made from the deposit and will in any event within ten days of the termination of the Tenancy notify the Agent of what sums/issues remain in dispute. 11.3 The Agent will, as soon as reasonably practicable after such notification, refer the dispute to the Administrator of the Tenancy Deposit Scheme subscribe to who will then determine matters in accordance with the provisions of that scheme. The Landlord agrees to provide such co-operation as is reasonably required to assist in such a referral and the termination of any dispute. This obligation does not in any way limit the Landlord’s execution right to make an application to the County Court where appropriate. 11.4 Except with the consent of this Leasethe Landlord’s tenant or where there has been a determination made by the relevant Tenancy Deposit Scheme or by a Court of Law, Tenant shall deposit with the Landlord the amount set forth in Article 1 as the “Security Deposit” as security for the performance by Tenant of accepts that notwithstanding the terms of this Lease to his Tenancy Agreement, no deductions will be performed by Tenant, made from the deposit and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall that he will not be entitled to any claim interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 thereon. 11.5 Westwood ▇▇▇▇▇ Lettings LTD is a member of the California Civil Code and/or any successor statute, in Deposit Protection Service which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord is administered by: The Deposit Protection Service The Pavilions Bridgwater Road Bristol BS99 6AA +▇▇ (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇)▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ 1. If there is no dispute, Westwood ▇▇▇▇▇ therefor, and prepare a final accounting with respect Lettings LTD will keep any amounts as deductions where expenditure has been incurred on behalf of the landlord or repay the whole or the balance of the deposit according to the Security Depositconditions of the tenancy agreement with the landlord and the tenant. In no event shall Payment of the Security Deposit deposit will be made within 10 days of written agreement by the landlord and the tenant. 2. If following notification of a dispute to Westwood ▇▇▇▇▇ Lettings LTD and reasonable attempts have been made in that time to resolve any differences of opinion, there remains an unresolved dispute between the landlord and the tenant over the allocation of the deposit, it may be submitted to DPS for adjudication. All parties agree to co-operate with an adjudication. Either party may decide to take the dispute to the small claims court rather thanDPS. 3. The statutory rights of either the landlord or tenant to take legal action against the other party are not affected. 4. It is not compulsory for the parties to refer a dispute to DPS for adjudication. The parties may seek a decision from the Court. However, this process may take longer and will incur costs. If the parties do agree that DPS may resolve the dispute, then they have to abide by that decision. 5. The Agent must co-operate with DPSin the adjudication of the dispute and follow any portion thereofrecommendations of the DPS. 6. Where there are rent arrears, the deposit will in the first instance be considered prepaid rentused to clear these and any balance will go towards dilapidations.

Security Deposit. Tenant shall pay the Security Deposit to Landlord on the date this Lease is executed by Tenant. Landlord may commingle the Security Deposit with its other funds and shall receive and hold the Security Deposit without liability for interest, it being expressly understood that Landlord shall have no obligation to deposit the Security Deposit in an interest-bearing account. Upon default by Tenant’s execution , Landlord may, from time to time, without prejudice to any other remedy, apply such Security Deposit to the extent necessary to make good any arrears of this Leaserental or any other damage, injury, expense or liability caused to Landlord by reason of default by the Tenant. After any such application of the Security Deposit, Tenant shall deposit with shall, upon request of Landlord, pay to Landlord the amount set forth in Article 1 so applied so as to restore the “Security Deposit” as security for the performance by Tenant of the terms of this Lease Deposit to be performed by Tenant, and not as prepayment of rentits original amount. Landlord may apply such portion or portions Any remaining balance of the Security Deposit as are reasonably necessary for shall be returned by Landlord to Tenant within a reasonable period of time after the following purposes: (i) to remedy any Event termination of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) provided that should the lease have been terminated not as a result of the default of Tenant or rejection of the Lease in bankruptcy, Landlord shall use good faith effort to repair damage to determine the Leased Premises caused or permitted to occur amount owed by Tenant; (iii) to clean and restore and repair , if any, within the Leased Premises following their surrender to Landlord if not surrendered in 90 days next after the condition required pursuant to termination of the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premiseslease. In this regard, Tenant hereby waives any restriction on the uses to which the The Security Deposit may shall not be applied as contained considered an advance payment of rental or measure of Landlord’s damages in Section 1950.7(c) case of the California Civil Code and/or any successor statutea default by Tenant. In the event the Security Deposit is in the form of a Letter of Credit, upon default by Tenant, Landlord may draw, at its sole election, upon the Letter of Credit in whole or in part, and, if such draw is in the whole amount of the Letter of Credit and Landlord elects, in its sole discretion to use the Letter of Credit proceeds to cure such default rather than terminate this Lease, without waiving any portion thereof rights of Landlord hereunder, then the balance, if any of the proceeds of the Letter of Credit after such default is so usedcured, Tenant shall pay to if this Lease is not terminated by Landlord, promptly upon demand, an amount in shall be thereafter held by Landlord as a cash sufficient Security Deposit subject to restore the Security Deposit to the full original sum. Landlord restoration provisions of this Section, and thereafter all Security Deposit requirements under this Lease shall not be deemed a trustee of the Security Depositto require cash. Landlord may use the Security Deposit in Landlord’s ordinary business [ * ] Indicates that information has been omitted and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity filed separately with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability Securities and Exchange Commission pursuant to a request for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rentconfidential treatment.

Security Deposit. Upon Tenant’s Tenant shall deposit with Landlord, upon execution of this Lease, Tenant an amount equal to one (1) month’s Basic Monthly Rent, which shall deposit with be held by Landlord the amount set forth in Article 1 as the “Security Deposit” as security for the faithful performance by Tenant of the terms all provisions, covenants and conditions of this Lease to be performed by Tenant. Said Security Deposit shall not bear interest and may be commingled with Landlord’s general funds. The Security Deposit may not be mortgaged, assigned, transferred or encumbered by Tenant and not as prepayment any such attempted act on the part of rentTenant shall be without force and effect. If, at any time, any sum payable by Tenant to Landlord may shall be overdue and unpaid (beyond applicable notice and cure periods), or if Tenant fails to keep and perform any other provision, covenant or condition of this Lease (beyond applicable notice and cure periods), Landlord may, at its option, appropriate and apply such all or any portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent any such overdue sum or Additional Rent to compensate Landlord for all loss or a late charge or interest on defaulted rent, or damage suffered by Landlord due to such breach. Should any other monetary payment obligation portion of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be so appropriated and applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedby Landlord, Tenant shall shall, upon written demand by Landlord, pay to Landlord, promptly upon demand, Landlord within ten (10) days an amount in cash sufficient to restore the Security Deposit to the full original sumamount. Landlord shall not be deemed a trustee Should Tenant comply with all of the provisions, covenants, and conditions of this Lease and promptly pay, when due, all sums payable by Tenant, the Security DepositDeposit or the balance remaining after the appropriations described herein and less the standard post move out cleaning charge of $300.00, shall be returned to Tenant within thirty (30) days after the termination of this Lease. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay deliver the Security Deposit to any subsequent owner person acquiring or succeeding to Landlord’s interest in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ thereforthis Lease, and prepare a final accounting the original or preceding Landlord shall thereupon be discharged from any further liability with respect to the Security Depositsuch amount. In no event shall the Security Deposit or any portion thereof, be considered prepaid rentThe rights and remedies granted to Landlord pursuant to this Article are in addition to all other remedies of Landlord hereunder.

Security Deposit. Upon Tenant’s execution of this Lease, (a) Tenant shall deposit with pay Landlord upon execution and delivery hereof by Tenant the amount set forth in Article 1 as of $ (the “Security Deposit” ”) as security for the full and faithful performance by Tenant of each of the terms of this Lease to be performed hereof by Tenant, and not as prepayment of rent. Landlord may shall [not] be required to keep the Security Deposit separate from its general funds and Tenant shall [not] be entitled to interest thereon. If an Event of Default occurs, Landlord may, but shall not be required to, use, apply such portion or portions retain all or any part of the Security Deposit as are reasonably necessary for the following purposes: (i) payment of any Rent or any other sum in default, or for the payment of any other amount which Landlord may spend or become obligated to remedy any spend by reason of such Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or to compensate Landlord for any other monetary payment obligation loss or damage which Landlord may suffer by reason of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other such Event of Default of Tenant to the extent permitted by Law Default, including, without limitation, paying in full on Tenant’s behalf any sums claimed costs and attorneys’ fees incurred by materialmen or contractors Landlord to recover possession of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives If any restriction on the uses to which portion of the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedused or applied, Tenant shall pay to Landlordshall, promptly upon demanddemand therefor, deposit cash with Landlord in an amount in cash sufficient to restore the Security Deposit to its original amount and Tenant’s failure to do so shall constitute an Event of Default. (b) Tenant acknowledges that Landlord has the full original sum. right to transfer or mortgage its interest in the Building and in this Lease, and Tenant agrees that in the event of any such transfer or mortgage, Landlord shall not be deemed a trustee have the right to transfer or assign the Security Deposit to the transferee or mortgagee. Upon such transfer or assignment of the Security Deposit. , Landlord may use shall be deemed released by Tenant from all liability or obligation for the return of the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled look solely to any interest on the Security Deposit. If Landlord transfers the Leased Premises such transferee or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability mortgagee for the return of the Security Deposit. If Tenant specifically grants shall fully and faithfully perform every provision of this Lease to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises be performed by Tenant to Landlord within which to inspect the Leased Premisesit, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereofbalance thereof shall be returned to Tenant (or, be considered prepaid rentat Landlord’s option, to the last assignee of Tenant’s interest hereunder) within 30 days following the expiration of the Term and surrender of possession of the Premises to Landlord. Tenant hereby waives all provisions of law, now or hereafter in force, which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises; rather, Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee, agent or invitee of Tenant.

Security Deposit. Upon Tenant’s execution of this Lease, SECTION 29.1 Tenant shall deposit has deposited with Landlord the amount set forth in Article 1 as the “Security Deposit” sum of One Million and 00/100 Dollars ($1,000,000.00) as security for the full and faithful performance by Tenant of the terms every provision of this Lease to be performed by TenantTenant (all or any part of such amount, and not as prepayment of rentthe "Security Deposit"). Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any If an Event of Default by Tenant in shall have occurred with respect to any provision of this Lease, including but not limited to the provisions relating to the payment of Base Monthly Fixed Rent and Additional Rent, Landlord may use, apply or retain all or any part of this Security Deposit for the payment of any Fixed or Additional Rent or a late charge any other sum in default or interest on defaulted rentfor the payment of any other amount which Landlord may spend or become obligated to spend by reason of such Event of Default, or to compensate Landlord for any other monetary payment obligation loss, cost or damage which Landlord may suffer by reason of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other such Event of Default Default. Landlord shall give Tenant notice contemporaneously with such use or application of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors portion of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained Deposit. Tenant shall, within five (5) days after the giving of such notice, deposit with Landlord cash in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sumamount then required pursuant to the terms of this Article 29 (Tenant's obligation to make such payment shall be deemed a requirement that Tenant pay an item of Additional Rent) and Tenant's failure to do so shall be a breach of this Lease. Landlord shall not, unless otherwise required by Legal Requirements, pay interest to Tenant on the Security Deposit, and if Landlord is required to maintain the Security Deposit in an interest bearing account, Landlord will retain the maximum amount permitted under Legal Requirements as a bookkeeping and administrative charge. Tenant shall not assign or encumber any part of the Security Deposit, and no assignment or encumbrance by Tenant of all of any part of the Security Deposit shall be binding upon Landlord, whether made prior to, during, or after the Term. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use required to exhaust its remedies against Tenant or against the Security Deposit in Landlord’s ordinary business before having recourse to any other form of security held by Landlord and recourse by Landlord to any Security Deposit shall not be required affect any remedies of Landlord which are provided in this Lease or which are available to segregate it from Landlord’s general accountsLandlord in law or in equity. If Tenant shall not fully and faithfully perform every covenant and provision of this Lease to be entitled to any interest on performed and observed by Tenant, the Security Deposit. If Landlord transfers the Leased Premises Deposit or any portion balance thereof during shall be returned to Tenant reasonably promptly after the Lease Termexpiration or sooner termination (other than a termination pursuant to Article 16) of the Term and Tenant's surrender to Landlord of the Premises. In the event the Building is sold, Landlord may pay shall transfer the Security Deposit to any subsequent the new owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord and Landlord shall thereupon be released by Tenant from all liability for the return of said Security Deposit; and Tenant agrees to look to the new owner solely for the return of the Security Deposit. A lease of the entire Building shall be deemed a transfer within the meaning of the foregoing sentence. Landlord shall use reasonable efforts to notify or cause Tenant specifically grants to be notified in the event of any transfer of the Building. SECTION 29.2 In lieu of a cash deposit, Tenant may deliver to Landlord a clean, irrevocable, non-documentary and unconditional Letter of Credit issued by and drawn upon any commercial bank, trust company, national banking association or savings and loan association having offices for banking purposes in the City of New York and which is a member of the New York Clearinghouse Association (the "Issuing Bank") and which (or the parent company of which) shall have outstanding unsecured, uninsured and unguaranteed indebtedness, or shall have issued a letter of credit or other credit facility that constitutes the primary security for any outstanding indebtedness (which is otherwise uninsured and unguaranteed), that is then rated, without regard to qualification of such rating by symbols such as "+" or "-" or numerical notation, "Aa" or better by Mood▇'▇ ▇▇▇estors Service and "AA" or better by Standard & Poor's Corporation, and has combined capital, surplus and undivided profits of not less than $500,000,000.00, which Letter of Credit shall have a term of not less than one year, be in form and content satisfactory to Landlord (and Tenant hereby waives substantially as shown on Exhibit D attached hereto and made a part hereof), be for the provisions account of California Civil Code Section 1950.7 Landlord, be in the amount of the Security Deposit then required to be deposited hereunder, and be fully transferable by Landlord to successor owners of the Building without the payment of any fees or charges, it being agreed that if any such fees or charges shall be so imposed, then such fees or charges, shall be paid by Tenant. The Letter of Credit shall provide that it shall be deemed automatically renewed, without amendment, for consecutive periods of one year each thereafter during the term of this Lease, unless the Issuing Bank sends notice (the "Non-Renewal Notice") to Landlord by certified mail, return receipt requested, not less than thirty (30) days next preceding the then expiration date of the Letter of Credit that it elects not to have such Letter of Credit renewed. Additionally, the Letter of Credit shall provide that Landlord shall have the right, exercisable within twenty (20) days of its receipt of the Non-Renewal Notice, by sight draft on the Issuing Bank, to receive the monies represented by the existing Letter of Credit and to hold such proceeds pursuant to the contrary) terms of this Section 29.2 as a period cash security pending the replacement of ninety (90) days following a surrender such Letter of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations Credit. If an Event of Default shall have occurred and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting be continuing with respect to any provision of this Lease, including but not limited to the Security Deposit. In no event shall provisions relating to the Security Deposit payment of Fixed Rent and Additional Rent, Landlord may apply or retain the whole or any part of the cash security so deposited or may notify the Issuing Bank and thereupon receive all the monies represented by the Letter of Credit and use, apply, or retain the whole or any part of such proceeds, as provided in this Section 29.2. Any portion thereof, of the cash proceeds of the Letter of Credit not so used or applied by Landlord in satisfaction of the obligations of Tenant as to which such Event of Default shall have occurred shall be considered prepaid rentdeposited by Landlord and retained in an interest-bearing account as provided in Section 29.

Security Deposit. Upon Tenant’s Concurrently with the execution of this Lease, Tenant shall deposit has deposited with Landlord the amount Security Deposit set forth in Article 1 as Subparagraph l(m) above to secure the “Security Deposit” as security for the full and faithful performance by Tenant of Tenant's covenants and obligations hereunder. The Security Deposit shall not bear interest and shall not be considered an advance payment of rent or a measure of Landlord's damages in case of default by Tenant. Landlord shall have the terms right to commingle the Security Deposit with the other funds of this Lease Landlord. In the event Tenant defaults in the performance of any of the covenants and obligations to be performed by Tenantit hereunder, including, but not limited to the payment of all rent to be paid hereunder, Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages in rent or any sum as to which Tenant is in default and not as prepayment any other damage, injury, expense or liability caused to Landlord by such default, including any damages or deficiency in the reletting of rentthe Premises, whether such damages or deficiency may accrue before or after termination of this Lease and including reasonable attorneys' fees incurred by Landlord in connection with such default or damage. Landlord may apply Following any such portion or portions application of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedDeposit, Tenant shall pay to Landlord, promptly upon demand, an Landlord on demand the amount so applied in cash sufficient order to restore the Security Deposit to the full its original sumamount. Landlord shall If Tenant is not be deemed a trustee then in default hereunder, any remaining balance of the Security Deposit. Deposit shall be returned by Landlord may use to Tenant upon termination of this Lease and after delivery of the Security Deposit entire possession of the Premises to Landlord in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Depositaccordance with this Lease. If Landlord transfers assigns its interest in the Leased Premises or any portion thereof during the Lease Term, Landlord may pay assign the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statuteassignee and, in which event the transferring landlord thereafter, Landlord shall be released from all have no further liability for the return of the Security Deposit. Tenant specifically grants to Landlord (, and Tenant hereby waives the provisions of California Civil Code Section 1950.7 agrees to look solely to the contrary) a period new landlord for the return of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event The provisions of the preceding sentence shall apply to each and every transfer or assignment made of the Security Deposit to a new landlord. Tenant agrees that it will not assign or encumber or attempt to assign or encumber the moneys deposited herein as security, and that Landlord and its successors and assigns shall not be bound by any such actual or attempted assignment or encumbrance. Regardless of any assignment of this Lease by Tenant, Landlord may return the Security Deposit to the original Tenant in the absence of evidence satisfactory to Landlord to an assignment of the right to receive the Security Deposit or any portion part of the balance thereof, be considered prepaid rent.

Security Deposit. Upon Tenant’s the execution of this Lease, Tenant shall deposit with Landlord the amount set forth in Article 1 as the “Security Deposit” as security for the performance by Tenant of the terms of this Lease to be performed by Tenant, and not as prepayment of rent. Landlord may may, at its option, (i) apply such portion all or portions part of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent unpaid rent or Additional Rent or a late charge or interest on defaulted rentother charges due from Tenant, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused cure any other defaults of Tenant, or permitted to occur by Tenant; (iii) compensate Landlord for any loss or damage that Landlord may suffer due to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf default. If Landlord shall so use any sums claimed by materialmen or contractors part of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedDeposit, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the its full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord amount within thirty (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (9030) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s bafter ▇▇▇▇▇▇▇ therefor, ▇▇’s request. Landlord shall provide to Tenant an itemized accounting with supporting invoices or estimates (if applicable) for the entire amount of the Security Deposit that Landlord used along with Landlord’s request to Tenant for Tenant to restore the Security Deposit. No interest need be paid on the Security Deposit. No trust relationship is created herein between Landlord and prepare a final accounting Tenant with respect to the Security Deposit. In no event shall Landlord may commingle the Security Deposit with ▇▇▇▇▇▇▇▇’s other funds. Upon expiration of the Term not resulting from ▇▇▇▇▇▇’s default, after Tenant shall have vacated the Premises in the condition that this Lease requires, Landlord shall pay to Tenant any balance of the Security Deposit not applied pursuant to this Section 10 within thirty (30) days following expiration. Landlord shall provide to Tenant itemized and full accounting along with supporting invoices or any estimates (if applicable) for the portion thereof, be considered prepaid rentof the Security Deposit that Landlord applied pursuant to this Section.

Security Deposit. Upon Tenant’s Contemporaneously with the execution of this Lease, Tenant shall deposit with pay to Landlord the amount set forth Security Deposit (as defined in Article 1 the Basic Lease Information), which shall be held by Landlord to secure Tenant’s performance of its obligations under this Lease. The Security Deposit is not an advance payment of Rent or a measure or limit of Landlord’s damages upon an Event of Default (as the “Security Deposit” as security for the performance by Tenant of the terms of this Lease to be performed by Tenant, and not as prepayment of rentdefined in Section 17). Landlord may apply such portion at Landlord’s discretion, from time to time following an Event of Default and without prejudice to any other remedy, use all or portions a part of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy perform any Event of Default by obligation Tenant fails to perform hereunder or in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant connection with Landlord’s remedies under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions . Following any such application of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedDeposit, Tenant shall pay to Landlord, promptly upon demand, an Landlord on demand the amount so applied in cash sufficient order to restore the Security Deposit to its original amount. Subject to the full original sum. requirements of, and conditions imposed by, Laws applicable to security deposits under commercial leases, Landlord shall not be deemed a trustee shall, within the time required by applicable Law (but in any event within thirty (30) days following the expiration or earlier termination of this Lease), return to Tenant the portion of the Security DepositDeposit remaining after deducting all damages, charges and other amounts permitted by Law. Landlord may use and Tenant agree that such deductions shall include, without limitation, all damages and losses that Landlord has suffered or that Landlord reasonably estimates that it will suffer as a result of any breach of this Lease by Tenant. Unless required otherwise by applicable Law, the Security Deposit in Landlord’s ordinary business may be commingled with other funds, and no interest shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Depositpaid thereon. If Landlord transfers its interest in the Leased Premises or any portion thereof during the Lease TermPremises, Landlord may pay shall assign the Security Deposit to any subsequent owner in conformity with the provisions transferee and, upon such transfer (and the delivery to Tenant of Section 1950.7 an acknowledgement of the California Civil Code and/or any successor statutetransferee’s responsibility for the Security Deposit), in which event the transferring landlord Landlord thereafter shall be released from all have no further liability for the return of the Security Deposit. In lieu of a cash Security Deposit, Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant may deliver to Landlord within which ten (10) days after the date of execution of the Lease an irrevocable, unconditional letter of credit in the amount of $91,960.55 (the “Letter of Credit”). The Letter of Credit shall be addressed to inspect Landlord, issued in a form and substance similar to that attached hereto as Exhibit M and by a national financial institution approved by Landlord, in Landlord’s reasonable discretion, shall be freely transferable without fee payable by the Leased Premisesbeneficiary thereof, make shall permit partial draws, shall have a one-year term with automatic one-year renewals and an expiration date falling no sooner than thirty (30) days after OFFICE LEASE AGREEMENT CentrePort/Radiant Systems, Inc. 3 the expiration of the Lease Term. In the event Tenant fails to renew the Letter of Credit as required restorations hereunder, Landlord shall have the right to draw down the entire amount of such Letter of Credit and repairshold such amount as the Security Deposit hereunder. Tenant agrees that upon any occurrence of any other Event of Default by Tenant under the terms and provisions of this Lease, Landlord shall have the right to receive payment under any Letter of Credit of such portion of the Letter of Credit as Landlord reasonably estimates is necessary to effectuate a cure of the subject Event of Default. Any such amounts received by Landlord shall be held by Landlord and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare applied in accordance with this Lease in the same manner as a final accounting with respect to the Security Deposit. In no event Landlord shall at all times during the Term, hold a letter of credit in the amounts described above. Notwithstanding the foregoing, subject to the Conditions (defined below), if Tenant waives its Termination Option set forth in Exhibit K, then at the expiration of the ninetieth (90th) month of the Lease Term (the “Release Date”) Landlord shall return one-half of the Security Deposit to Tenant (or Tenant may reduce the amount of the Letter of Credit to $46,000.00, if the Security Deposit is held in the form of a Letter of Credit). Such return or reduction is conditioned upon the following: (i) not more than one (1) written notice of Tenant’s failure to pay any portion thereofmonetary amounts under the Lease when due shall have been sent by Landlord in any twenty-four (24) month period of the Lease Term; and (ii) on the Release Date Tenant shall not be in default under the Lease (collectively, be considered prepaid rentthe “Conditions”).

Security Deposit. Upon Tenant’s execution of this Lease, Tenant shall You agree to deposit with Landlord the amount set forth in Article 1 as the “Security Deposit” as security for the performance by Tenant of the terms of this Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for with Landlord on the following purposes: (i) to remedy date hereof. Upon the occurrence of any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rentyou, or Landlord may, from time to time, without prejudice to any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to remedy, use the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant Security Deposit to the extent permitted necessary to make good any arrears of Rent or other payments due Landlord hereunder, and any other damage, injury, expense or liability caused by Law includingyour default, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant and you shall pay to Landlord, promptly upon demand, an Landlord on demand the amount so applied in cash sufficient order to restore the Security Deposit to its original amount. Although the full original sum. Landlord Security Deposit shall not be deemed a trustee the property of Landlord, any remaining balance of the Security DepositDeposit shall be returned to you by Landlord at such time after termination of this Lease when Landlord shall have determined that all your obligations under this Lease have been fulfilled but no later than the sixtieth day immediately following the expiration or earlier termination of the term. Landlord may use At the time the Security Deposit is due, you shall have the right to instead tender to Landlord a Letter of Credit in Landlord’s ordinary business amount equal to the Security Deposit and in such event, references in this Lease to the Security Deposit shall not be required mean the Letter of Credit and following a draw by Landlord you shall pay to segregate it from Landlord’s general accountsthe issuer on demand by Landlord any amounts necessary to restore the Letter of Credit to its original amount. Tenant shall not be entitled Subject to any interest on you giving Landlord at least sixty (60) days advance written notice and provided that no uncured Event of Default then exists and if you had previously paid to Landlord the Security Deposit. If Landlord transfers , you shall have the Leased Premises or any portion thereof during right to substitute a Letter of Credit in amount equal to the Lease TermSecurity Deposit and upon Landlord's acceptance of the Letter of Credit, Landlord may pay will thereafter promptly refund the Security Deposit to any subsequent owner you. In such event, references in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect this Lease to the Security Deposit. In no event Deposit shall mean the Security Deposit or Letter of Credit and following a draw you shall pay to the issuer on demand by Landlord any portion thereof, be considered prepaid rentamounts necessary to restore the Letter of Credit to its original amount.

Security Deposit. Upon Tenant’s Tenant has deposited with Landlord on or before the execution of this Lease, Tenant Lease the sum of Eight Two Thousand Nine Hundred and Seventy Six and 40/100 Dollars ($82,976.40) which shall deposit with be held by Landlord the amount set forth in Article 1 as the “Security Deposit” as security for the performance by Tenant of the terms of Tenant's covenants and obligations under this Lease to be performed by Tenant(the "Security Deposit"), it being expressly understood and not as prepayment of rent. Landlord may apply such portion or portions of agreed that the Security Deposit as are reasonably necessary for is not an advance rental deposit or a measure of the following purposes: Landlord's damages in case of Tenant's default. Landlord agrees to pay to Tenant interest of three percent (i3%) per annum, compounded annually, on the Security Deposit, such interest to remedy be held with and increase the Security Deposit on an annual basis. Upon the occurrence of any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rentTenant, or Landlord may, from time to time and without prejudice to any other monetary payment obligation of Tenant under remedy provided by this Lease; (ii) to repair damage to Lease or by law, use the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant Security Deposit to the extent permitted necessary to make good any arrears of rent or other payments or liability caused by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors the Event of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased PremisesDefault. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an Landlord on demand the amount that was applied in cash sufficient order to restore the Security Deposit to the full original sumamount held by Landlord prior to the application. Although the Security Deposit together with any interest accruing thereon shall be deemed the property of Landlord, any remaining balance of the Security Deposit shall promptly be returned by Landlord to Tenant at the time after termination of this Lease that all of Tenant's obligations under this Lease have been fulfilled to Landlord's reasonable satisfaction. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use required to keep the Security Deposit in separate from the general accounts of Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled concurrent with the execution of this Lease provide Landlord with its federal employer identification number to any allow Landlord to report on an annual basis the amount of interest paid on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rent.

Security Deposit. Upon Tenant’s execution (i) On the Commencement Date, Charterer shall pay the Security Deposit into the designated account of this Lease, Tenant shall deposit with Landlord the amount set forth in Article 1 Participant to be held as the “Security Deposit” as further security for the prompt payment and performance by Tenant of all existing and future obligations, liabilities and indebtedness of Charterer arising under this Charter or under any additional Charter Document. Upon an Event of Default, Owner may, without prejudice to any other available remedy, apply the Security Deposit towards either the cure of the terms Event of this Lease to Default (if a cure can be performed effected by Tenant, and not the payment of money) or as prepayment compensation for any loss or damage arising from the Event of rentDefault for which a monetary loss or damage is ascertainable. Landlord may apply such portion If at any time Owner applies part or portions all of the Security Deposit as are reasonably necessary for specified above, the following purposes: (i) Charterer shall pay to remedy any Owner the amount so applied, so that Owner shall have on hand the full original Security Deposit or such lesser amount as is required under this Charter at such time after giving effect to those provisions of this Charter that authorize or permit the amount of the Security Deposit to be reduced from time to time. At the expiration of the Term of this Charter, if no Event of Default by Tenant in has occurred and is then continuing, Owner shall return the payment unapplied balance of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sumCharterer. Landlord The Charterer agrees that it shall not be deemed a trustee have no right to apply any portion of the Security DepositDeposit against any of its obligations to pay charter hire except as provided below in this Section 23(b). Landlord may use If Owner assigns its rights under this Charter and the Security Deposit in Landlord’s ordinary business Charter Documents, and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on forwards the Security Deposit. If Landlord transfers , to a transferee who assumes the Leased Premises or any portion thereof during the Lease Termobligations of Owner hereunder, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord Owner shall be released from all liability for the return of with respect to the Security Deposit. Tenant specifically grants , but any transferee shall be and remain subject to Landlord (and Tenant hereby waives all the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting hereof with respect to the Security Deposit. In no event The Charterer shall not mortgage, assign or encumber its interest in the Security Deposit, and any attempt to do so shall be void. (ii) Upon request by Charterer at any time after the thirty-sixth (36th) month of the Term, Owner shall return the Security Deposit (or any portion thereofthereof requested by Charterer) to Charterer, provided that (A) no Event of Default under this Charter or under any other Charter Document has occurred and is then continuing, (B) there has not been any material adverse change in the business, condition (financial or otherwise), operations or properties of Charterer and/or the Guarantor, as determined by Owner and the Participants in their reasonable discretion, and (C) the Approved Time Charter has been renewed by ******, or a substitute time charter in form and substance satisfactory to Owner and the Participants in their reasonable discretion has been placed by Charterer, on equal or better terms and at or above then existing rates. Upon the return of any portion of the Security Deposit to Charterer, the installments of charter hire payable under Section 2(a) will be considered prepaid rentadjusted by Owner, if necessary, to maintain the same net economic return as realized by Owner and the Participants prior to the release. Owner shall notify Charterer of any such increase in the rate of charter hire payable hereunder and provide reasonable calculations evidencing the basis for such increase not less than ten (10) days prior to any increase.

Security Deposit. Upon Tenant’s Contemporaneously with the execution of this Lease, Tenant shall deposit with pay to Landlord the amount set forth in Article 1 as the “Security Deposit” , which shall be held by Landlord to secure Tenant’s performance of its obligations under this Lease. The Security Deposit is not an advance payment of Rent or a measure or limit of Landlord’s damages upon an Event of Default (as security for the performance by Tenant of the terms of this Lease to be performed by Tenant, and not as prepayment of rentdefined herein). Landlord may apply such portion may, from time to time following an Event of Default, use all or portions a part of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy perform any Event obligation Tenant fails to perform hereunder. Following any such application of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedDeposit, Tenant shall pay to Landlord, promptly upon demand, an Landlord on demand the amount so applied in cash sufficient order to restore the Security Deposit to its determined amount for that given calendar year. Subject to the full original sum. requirements of, and conditions imposed by, Laws applicable to security deposits under commercial leases, Landlord shall not be deemed a trustee shall, within the time required by applicable Law, return to Tenant the portion of the Security DepositDeposit remaining after deducting all damages, charges and other amounts permitted by Law. Landlord may use the and Tenant agree that such deductions shall include, without limitation, all damages and losses that Landlord has suffered or that Landlord reasonably estimates that it will suffer as a result of any breach of this Lease by ▇▇▇▇▇▇. The Security Deposit in Landlord’s ordinary business may be commingled with other funds, and no interest shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Depositpaid thereon. If Landlord transfers its interest in the Leased Premises or any portion thereof during the Lease TermPremises, Landlord may pay will assign the Security Deposit to any subsequent owner in conformity with the provisions transferee and, upon such transfer and the delivery to Tenant of Section 1950.7 an acknowledgement of the California Civil Code and/or any successor statutetransferee’s responsibility 5 Approved Texas Industrial Lease Form Based On Master Lease Version 22 for the Security Deposit as provided by Law, in which event the transferring landlord Landlord thereafter shall be released from all have no further liability for the return of the Security Deposit. Tenant specifically grants Provided no monetary Event of Default occurs prior to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender each anniversary of the Leased Premises by Commencement Date, Tenant shall be entitled to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall reduction of the Security Deposit or in the amount of $25,000.00 upon each anniversary of the Commencement Date during the initial Term. The remainder of the Security Deposit as exists from time to time will be held and applied by Landlord in accordance with the terms of this Section 6. To the extent Tenant is entitled to any portion thereofsuch reduction, be considered prepaid rentLandlord shall automatically apply the amount of such reduction as a credit against the monthly installment(s) of Basic Rent from Tenant next becoming due to Landlord with such credit being clearly delineated on the invoice submitted to Tenant.

Security Deposit. Upon Tenant’s When delivered to Landlord upon execution of this Lease, Tenant the Security Deposit shall remain on deposit with Landlord during the amount set forth in Article 1 as the “Security Deposit” Term of this Lease and any extensions thereof as security for the payment of Rent and the full and faithful performance by Tenant of the terms covenants and conditions of this Lease. In the event of any default, the Security Deposit shall be retained by Landlord and may be applied toward damages arising from such default. Said deposit shall not be construed as liquidated damages. Upon yielding of the Premises at the termination of this Lease to be performed by Tenantand in compliance with the terms and provisions of this Lease, and provided no default has occurred, the Security Deposit shall be returned to the Tenant. No interest shall be payable on the Security Deposit. It is understood by Tenant that Landlord shall always have the right to apply the Security Deposit, or a portion thereof, to the curing of any Tenant default that may exist. Should Landlord convey its interest under this Lease, the Security Deposit, or the part or portion thereof not as prepayment of rent. previously applied, shall be turned over to Landlord’s grantees or assignees; and Tenant hereby releases Landlord may apply from any liability with respect to the Security Deposit and Tenant agrees to look solely to such portion grantee or portions assignee for the return of the Security Deposit as are reasonably necessary and this provision shall also apply to subsequent grantees or assignees. Should the entire Security Deposit, or any portion thereof, be appropriated and applied by Landlord for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly unpaid Gross Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) sums due and payable to repair damage to the Leased Premises caused or permitted to occur Landlord by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender , then Tenant shall, upon written demand by Landlord, remit to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an a sufficient amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ thereforsum deposited, and prepare Tenant’s failure to do so shall constitute a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rentbreach of this Lease for nonpayment of Rent.

Security Deposit. Upon Tenant’s Concurrently with the execution of this LeaseSublease, Tenant shall deposit ▇▇▇▇▇▇ has deposited with Landlord the amount set forth in Article 1 as the “sum of $____________________________________ ("Security Deposit” "), which shall not exceed one month's rental. The Security Deposit shall be retained by Landlord as security for the payment by Tenant of the rents herein agreed upon for the faithful performance by Tenant of the terms and conditions of this Lease to be performed by TenantLease, and not as prepayment of rentto cover any damage to the Premises or to fixtures and equipment therein for which Tenant is liable. Landlord may apply such the total Security Deposit, or any portion thereof, towards the payment of the rents and all other sums payable by Tenant under this Sublease. Tenant shall remain liable for any amount by which the Security Deposit shall be insufficient. Landlord may pursue any other appropriate legal or portions equitable rights and remedies. Any portion of the Security Deposit (including any interest which may be due under applicable law or regulations) which is not applied as are reasonably necessary for aforesaid shall be refunded to the following purposes: Tenant within forty-five (i45) days after Tenant has vacated the Premises (or as otherwise may be required by applicable law or regulations). If there is found to remedy any Event of Default by Tenant be damage which the Security Deposit would properly defray, Landlord shall notify Tenant, in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rentwriting, or any otherwise as required by law, of Landlord's intention to withhold a specified amount of the Security Deposit to defray expenses of correcting the damage. Landlord shall provide Tenant with an itemized statement of repairs and other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may is to be applied as contained applied. Security Deposit funds received by Landlord shall be deposited promptly upon receipt in Section 1950.7(c) a banking or savings institution within the District of Columbia in an account which shall be devoted exclusively to security deposits and which shall accrue interest at a rate not less than that required by the Housing Regulations of the California Civil Code and/or any successor statuteDistrict of Columbia. In the event Tenant shall not apply the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore of it towards the Security Deposit to payment of rent for any month during the full original sum. Landlord shall not be deemed a trustee term of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to this Sublease or any interest on the Security Depositrenewals or extensions thereof. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect withdraws from this Sublease prior to approval of the Board of Directors of the Cooperative or prior to the Security Deposit. In no event shall commencement of the Term of this Sublease, the Security Deposit shall be used, to the extent necessary, to cover costs incurred or any portion thereof, be considered prepaid rentdamages sustained by the Landlord in connection with the withdrawal.

Security Deposit. Upon Tenant’s execution Prior to the Effective Date of this Lease, Tenant shall post a security deposit with Landlord Town equal to three (3) monthly installments of Rental (the amount set forth in Article 1 as the “"Security Deposit” "). The Security Deposit shall serve as security for the payment of all sums due to Town and shall also secure the performance of all obligations of Tenant to Town. The Security Deposit shall be either in the form of a clean, Irrevocable Letter of Credit ("Letter of Credit") or a Surety Bond ("Bond") in form and substance satisfactory to Town. In the event of any failure by Tenant to pay any rentals or charges when due or upon any other failure to perform any of its obligations or other default under this Lease, then in addition to any other rights and remedies available to Town at law or in equity, Town shall be entitled to draw on the Security Deposit and apply same to all amounts owed. Upon notice of any such draw, Tenant shall immediately replace the Security Deposit with a new Letter of Credit or Bond in the full amount of the terms Security Deposit required hereunder. Tenant shall promptly increase the amount of the Security Deposit to reflect any increases in the Rental payable hereunder; provided, however, if the amount of required Security Deposit increase resulting from adjustment of the Rental is less than fifteen percent (15%) of the amount of Security Deposit currently held, no increase in the Security Deposit shall be required. The Security Deposit shall be kept in full force and effect throughout the Term of this Lease and any extension thereof and for a period of six (6) months after the termination of this Lease. Not less than forty-five (45) days prior to be performed by Tenantany expiration date of a Letter of Credit or Bond, and not as prepayment Tenant shall submit evidence in form satisfactory to Town that such security instrument has been renewed. Failure to renew a Letter of rent. Landlord may apply such portion Credit or portions Bond or to increase the amount of the Security Deposit as are reasonably necessary for the following purposesrequired by this Section shall: (ia) entitle Town to remedy any Event draw down the full amount of Default by such Security Deposit; and (b) constitute a default of this Lease entitling Town to all available remedies. The Security Deposit shall not be returned to Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant until all obligations under this Lease; (ii) Lease are performed and satisfied. Prior to repair damage consent from Town to the Leased Premises caused or permitted to occur any assignment of this Lease by Tenant; (iii) , Tenant's assignee shall be required to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the provide a Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit Town in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity accordance with the provisions terms and conditions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rentthis Section.

Security Deposit. Upon Tenant’s execution of this Lease, Tenant shall deposit has deposited with Landlord the Security Deposit in the amount set forth in Article 1 as the “Basic Lease Provisions. The Security Deposit” Deposit shall be held by Landlord as security for the performance and observance by Tenant of all Tenant's obligations hereunder. If the terms Annual Basic Rent is increased during the Term, then, within fifteen (15) days of this Lease to be performed notification by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law includingincreased Annual Basic Rent, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedfurther notice, Tenant shall pay to Landlord, promptly upon demand, Landlord an additional amount in cash sufficient to restore be held as part of the Security Deposit so that the total Security Deposit held by Landlord is in the same proportion to the full increased Annual Basic Rent as the original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 bore to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting original Annual Basic Rent. No interest shall accrue with respect to the Security Deposit. In no event If Tenant performs and observes all of the terms, covenants and conditions of this Lease which are required to be performed and observed by it and pays all sums due Landlord, then Landlord shall return the Security Deposit, or balance thereof then held by Landlord, without interest, to Tenant within two weeks after Landlord recovers and accepts possession of the Premises. If Tenant defaults, Landlord may, at its option and without notice, apply all or any part of the Security Deposit in payment of rent or to cure any portion thereofother default. If Landlord does so, then Tenant shall, upon notice of such application, deposit with the Landlord the amount so applied so that Landlord will have on hand at all times during the Term the full amount of the Security Deposit. Landlord shall not be considered prepaid rentrequired to hold the Security Deposit as a separate account, but may commingle it with Landlord's other funds. In the event of a sale or other disposition of the Premises, Landlord shall have the right to transfer the Security Deposit to the new owner and deliver to Tenant the notice required by Section 1950.7 of the Civil Code of California. Thereafter, Landlord shall be released by Tenant from all responsibility for the return of such Security Deposit, and Tenant shall look solely to the new owner for the return of such Security Deposit. If Tenant assigns this Lease, Tenant's rights in the Security Deposit shall be deemed to be assigned to the assignee, such Security Deposit shall be held by Landlord as a Security Deposit made by the assignee and Landlord shall have no further responsibility for the return of the Security Deposit to Tenant.

Security Deposit. Upon Tenant shall deposit with Landlord, upon delivery of an executed copy of this Lease to Landlord, a security deposit (the “Security Deposit”) for the performance of all of Tenant’s execution obligations hereunder in the amount set forth on page 1 of this Lease, which Security Deposit shall be in the form of an unconditional and irrevocable letter of credit (the “Letter of Credit”): (i) in form and substance reasonably satisfactory to Landlord, (ii) naming Landlord as beneficiary, (iii) expressly allowing Landlord to draw upon it at any time from time to time by delivering to the issuer notice that Landlord is entitled to draw thereunder, (iv) issued by Silicon Valley Bank or another FDIC-insured financial institution reasonably satisfactory to Landlord, and (v) redeemable by presentation of a sight draft in the state of California or any other state in the continental United States reasonably acceptable to Landlord. If Tenant does not provide Landlord with a substitute Letter of Credit complying with all of the requirements hereof at least 10 days before the stated expiration date of any then current Letter of Credit, Landlord shall deposit with Landlord have the right to draw the full amount set forth of the current Letter of Credit and hold the funds drawn in Article 1 cash without obligation for interest thereon as the “Security Deposit” . The Security Deposit shall be held by Landlord as security for the performance of Tenant’s obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Upon each occurrence of a Default (as defined in Section 20), Landlord may use all or any part of the Security Deposit to pay delinquent payments due under this Lease, future rent damages, and the cost of any damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Landlord’s right to use the Security Deposit under this Section 6 includes the right to use the Security Deposit to pay future rent damages following the termination of this Lease pursuant to Section 21(c) below. Upon any use of all or any portion of the Security Deposit, Tenant shall pay Landlord on demand the amount that will restore the Security Deposit to the amount set forth on Page 1 of this Lease. Tenant hereby waives the provisions of any law, now or hereafter in force which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee, agent or invitee of Tenant. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings. Upon any such use of all or any portion of the terms Security Deposit, Tenant shall, within 5 days after demand from Landlord, restore the Security Deposit to its original amount. If Tenant shall fully perform every provision of this Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rentDeposit, or any other monetary payment obligation of Tenant balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2this Lease), and shall be returned to Tenant (iv) to remedy any other Event of Default of Tenant or, at Landlord’s option, to the extent permitted by Law including, without limitation, paying in full on last assignee of Tenant’s behalf any sums claimed by materialmen interest hereunder) within 90 days after the expiration or contractors earlier termination of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security DepositLease. If Landlord transfers its interest in the Leased Premises Project or any portion thereof during the Lease Termthis Lease, Landlord may pay the shall either (a) transfer any Security Deposit then held by Landlord to a person or entity assuming Landlord’s obligations under this Section 6, or (b) return to Tenant any subsequent owner in conformity with Security Deposit then held by Landlord and remaining after the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for deductions permitted herein. Upon such transfer to such transferee or the return of the Security Deposit. Tenant specifically grants Deposit to Tenant, Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting shall have no further obligation with respect to the Security Deposit. In no event shall , and Tenant’s right to the return of the Security Deposit shall apply solely against Landlord’s transferee. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee, and no interest shall accrue thereon. If, as of the expiration of the 30th month of the Base Term, Tenant is not in Default of this Lease and has not been in Default of this Lease at any portion thereoftime during the Term (“Reduction Requirement”), then the Security Deposit shall be considered prepaid rentreduced to $44,000.00 (the “Reduced Security Deposit”). If Tenant has met the Reduction Requirement and delivers a written request to Landlord for such reduction of the Security Deposit, Landlord shall cooperate with Tenant, at no cost, expense or liability to Landlord, to reduce the Letter of Credit then held by Landlord to the amount of the Reduced Security Deposit. If the Security Deposit is reduced as provided herein, then from and after the date of such reduction, the “Security Deposit “ shall be deemed to be the Reduced Security Deposit, for all purposes of this Lease.

Security Deposit. Upon Tenant’s 's execution of this Lease, Tenant shall deposit with will deliver to Landlord an Irrevocable Letter of Credit (the "Letter of Credit") in the amount set forth in Article 1 as of the “Security Deposit” , in substantially the form attached hereto as Exhibit E and made a part hereof from a financial institution acceptable to Landlord. Tenant shall cause the Letter of Credit to be maintained in full force and effect throughout the Lease Term and during the sixty (60) day period after the later of (a) the expiration of the Lease Term or (b) the date that Tenant delivers possession of the Leased Premises to Landlord, as security for the performance by Tenant of all of Tenant’s obligations contained in this Lease. In the terms event that, during the Lease Term, Tenant fails to deliver to Landlord a renewal or replacement to the Letter of Credit by a date no later than forty-five (45) days prior to its expiration date, Landlord shall have the right to demand and receive payment in full under the letter of credit and to hold the cash proceeds as the Security Deposit under this Lease to be performed Lease. In the event of a default by Tenant, and not as prepayment of rent. Landlord may apply such portion all or portions any part of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, cure all or any other monetary payment obligation part of Tenant under this Leasesuch default; (ii) to repair damage to the Leased Premises caused or permitted to occur provided, however, that any such application by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be or be deemed a trustee to be an election of remedies by Landlord or considered or deemed to be liquidated damages. Tenant agrees promptly, upon demand, to deposit such additional sum with Landlord as may be required to maintain the full amount of the Security Deposit. All sums held by Landlord pursuant to this Article 4 shall be without interest and may use be commingled by Landlord. At the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during end of the Lease Term, provided that there is then no uncured default or any repairs required to be made by Tenant pursuant to Section 2.03 above or Section 7.03 below, Landlord may pay shall return the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rentTenant.

Security Deposit. Upon Tenant’s execution Landlord acknowledges receipt from Tenant of this Leasean unconditional, Tenant shall deposit with irrevocable and transferable letter of credit, naming Landlord and its successors and assigns as beneficiary, drawn upon Fleet National Bank NA, or another bank or financial institution reasonably acceptable to Landlord, in the amount set forth in Article 1 of Five Hundred Thousand Dollars ($500,000.00) (the "Letter of Credit"), which shall be held by Landlord or its agent, as the “Security Deposit” as security security, for the full and faithful performance by Tenant of Tenant's obligation herewith for and during the terms Term. Upon the occurrence of this Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Default, Tenant in agrees that Landlord may from time to time, without prejudice to any other remedy, draw upon the payment principal amount of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, the Letter of Credit (or any other monetary payment obligation cash security deposit held by Landlord in lieu of Tenant under this Lease; (iithe Letter of Credit) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted necessary to reimburse Landlord for any Base Rent, additional rent or other sums payable by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them Landlord under this Lease by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) virtue of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee such Event of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accountsDefault. Tenant shall not have the right to call upon Landlord to draw upon the Letter of Credit to cure any default or fulfill any obligation of Tenant, but such use shall be entitled to solely in the discretion of Landlord. Upon any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 conveyance of the California Civil Code and/or Property by Landlord to Landlord's grantee or transferee of the Property, the Letter of Credit thereon may be assigned or otherwise transferred by Landlord to such grantee or transferee, and Tenant shall cooperate to the extent necessary to effect such assignment or transfer. Upon any successor statutesuch assignment or transfer, in which event the transferring landlord shall be released from Tenant hereby releases Landlord herein named of any and all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security DepositLetter of Credit, its application and return, and Tenant agrees to look solely to such grantee or transferee. In no event It is further understood that this provision shall also apply to subsequent grantees and transferees. Subject to Section 6.3(g) above, but otherwise notwithstanding any other provision to the Security Deposit contrary set forth herein, (i) on each anniversary of the Commencement Date, the principal amount of the Letter of Credit (or any portion thereofsuch cash security deposit) shall be reduced by Fifty Thousand Dollars ($50,000.00), and (ii) the Letter of Credit (or any such cash security deposit) shall be considered prepaid rent.returned to Tenant upon the fifth (5th) anniversary of the Commencement Date, provided however that no reduction of the principal amount of the Letter of Credit (and such security deposit) shall occur on any such anniversary, and the Letter of Credit (and such security deposit) shall not be returned to Tenant upon the fifth (5th) anniversary of the Commencement Date if (x) an Event of Default which Landlord has not waived exists on such anniversary, or (y) Tenant is unable to provide Landlord with reasonably satisfactory evidence that, at the time of any scheduled reduction or return, Tenant's reported book net worth exceeds One Hundred Million Dollars ($100,000,000.00). Any such reduction in the principal amount of the Letter of Credit shall be accomplished as follows:

Security Deposit. Upon Tenant’s execution of this Lease, 9.1. Tenant shall deposit has deposited with Landlord (in cash or the amount Letter of Credit, as defined in Section 43.14 hereof) the sum set forth in Article 1 as Section 2.1.8 (the “Security Deposit” ”) which Security Deposit shall be held by Landlord as security for the performance by Tenant of all of the terms terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the Term. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, any provision relating to the payment of Rent, Landlord may (but shall not be required to) use, apply or retain all or any part of the Security Deposit for the payment of any Rent or any other sum in default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant’s default. If any portion of the Security Deposit is so used or applied, Tenant shall, upon demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount, and Tenant’s failure to do so shall be a material breach of this Lease. Landlord shall keep any cash constituting the Security Deposit separate from its general fund in an interest-bearing account. Tenant shall be entitled to any interest on the Security Deposit (to be credited to and added to the Security Deposit) at the rate as may be actually earned thereon by Landlord from time to time. Tenant shall provide Landlord or its designee with such information and instruments (including, without limitation, Tenant’s taxpayer identification number) as Landlord may reasonably require in order to maintain the Security Deposit in an interest-bearing account. 9.2. In the event that upon Landlord’s review of the Hazardous Materials List (as defined in Section 40.1.1 hereof) Landlord or any of Landlord’s insurers or lenders reasonably determines that Tenant’s use of Hazardous Materials at the Demised Premises increases the risk of damage to or contamination of the Demised Premises, the Building or the Land, then upon Tenant’s receipt of written notice of such determination from the Landlord, Tenant shall deposit an additional amount with the Landlord as Landlord may reasonably determine, which amount shall be added to and treated as part of the Security Deposit. 9.3. So long as no default exists or is continuing, on the first day of the first full calendar month which is forty-eight (48) months after the Term Commencement Date, the Security Deposit shall be reduced to any amount equal to the quotient of (a) the Basic Annual Rent then in effect divided by (b) 12. 9.4. In the event of bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for all periods prior to the filing of such proceedings. 9.5. Landlord may deliver the Security Deposit to any purchaser of Landlord’s interest in the Demised Premises and thereupon Landlord shall be discharged from any further liability with respect to the Security Deposit. This provision shall also apply to any subsequent transfers. 9.6. If Tenant shall fully perform every provision of this Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rentDeposit, or any other monetary payment obligation balance thereof, shall be returned to Tenant (or, at Landlord’s option, to the last assignee of Tenant under Tenant’s interest hereunder) within forty-five (45) days after the expiration or earlier termination of this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rent.

Security Deposit. $16,474.50 payable on the Effective Date. Upon Tenant’s execution the occurrence of this Lease, Tenant shall deposit with Landlord the amount set forth in Article 1 as the “Security Deposit” as security for the performance by Tenant of the terms of this Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default (as hereinafter defined) by Tenant, Landlord may, from time to time, without prejudice to any other remedy, use the security deposit paid to Landlord by Tenant in as herein provided to the payment extent necessary to make good any arrears of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or (as hereinafter defined) and any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises damage, injury, expense or liability caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other by such Event of Default of for which Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf is liable hereunder. Following any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) such application of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedsecurity deposit, Tenant shall pay to Landlord, promptly upon demand, an Landlord on demand the amount so applied in cash sufficient order to restore the Security Deposit security deposit to the full original sumamount thereof existing prior to such application. Any remaining balance of the security deposit shall be returned by Landlord to Tenant within sixty (60) days after the termination of this Lease Agreement and after Tenant provides written notice to Landlord of Tenant’s forwarding address; provided, however, Landlord shall have the right to retain and expend such remaining balance (a) to reimburse Landlord for any and all rentals or other sums due hereunder that have not be deemed been paid in full by Tenant and/or (b) for cleaning and repairing the Leased Premises if Tenant shall fail to deliver same at the termination of this Lease Agreement in a trustee neat and clean condition and in as good a condition as existed at the date of the Security Deposit. Landlord may use the Security Deposit in Landlord’s possession of same by Tenant, ordinary business wear and shall not be required to segregate it from Landlord’s general accountstear only excepted. Tenant shall not be entitled to any interest on the Security Depositsecurity deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord Such security deposit shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, not be considered prepaid rentan advance payment of rental or a measure of Landlord’s damages in case of an Event of Default by Tenant.

Security Deposit. Upon Tenant’s execution A. Subject to the provisions of this LeaseSection 16B, Tenant Subtenant shall deposit with Landlord Sublandlord on or before the amount set forth in Article 1 date hereof, the sum of $226,050.00 (hereinafter referred to as the “"Security Deposit” ") as security for the full and punctual performance by Tenant Subtenant of all the terms of this sublease. Such Security Deposit shall be retained by Sublandlord in accordance with the provisions of this Article 16. The security shall be deposited in a separate interest bearing account segregated from Sublandlord's funds, in a bank selected by Sublandlord and any interest earned thereon (less any administrative fee to which Sublandlord may be entitled pursuant to applicable law) shall be paid to Subtenant annually provided Subtenant is not then in default in the observance or performance of any of its obligations under this lease which continues after notice and the expiration of any applicable cure period. In the event Subtenant defaults in the performance of any of the terms of this Lease to be performed Sublease, including the payment of Fixed Rent, Additional Rent, or any other sum owing by TenantSubtenant hereunder which continues after any required notice and the expiration of any applicable cure period, and not as prepayment of rent. Landlord Sublandlord may use, apply such portion or portions retain the whole or any part of the Security Deposit as are reasonably necessary to the extent required for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or any Fixed Rent, Additional Rent or a late charge or interest on defaulted rentRent, or other sum or for any sum which Sublandlord may expend or may be required to expend by reason of Subtenant's default in respect of any of the terms of this Sublease, including any damages or deficiency in the re-letting of the Sublease Premises, whether accruing before or after summary proceedings or other monetary payment obligation re-entry by Sublandlord. In the case of Tenant under this Lease; (ii) every such use, application or retention, Subtenant shall, on demand, pay to repair damage Sublandlord the sum so used, applied or retained which shall be added to the Leased Security Deposit so that the same shall be replenished to its former amount. If Subtenant shall fully and punctually comply with all of the terms of this Sublease, the Security Deposit, with any interest earned thereon, shall be returned to Subtenant after the termination of this Sublease and delivery of exclusive possession of the Sublet Premises caused or permitted to occur by Tenant; Sublandlord (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant subject to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statuteArticle). In the event of an assignment of the Main Lease by Sublandlord or any attorment by Subtenant to Landlord, Sublandlord shall have the right to transfer the Security Deposit or any portion thereof is so used, Tenant shall pay letter of credit provided for in this Article 16 to the assignee or Landlord, promptly upon demandas the case may be, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord and Sublandlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall ipso facto be released by Subtenant from all liability for the return of the Security Deposit. Tenant specifically grants Deposit or such letter of credit; and Subtenant agrees to Landlord (look solely to the new landlord for the return of the Security Deposit or such letter of credit and Tenant hereby waives it is agreed that the provisions hereof shall apply to every transfer or assignment made of California Civil Code Section 1950.7 the Security Deposit or the letter of credit to a new landlord. Subtenant shall not assign or encumber or attempt to assign or encumber the monies or letter of credit deposited herein as security and neither Sublandlord nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or encumbrance. B. In lieu of a cash deposit, Subtenant may deliver to Sublandlord a clean, irrevocable transferable (without expense to the contrarybeneficiary thereof) and unconditional Letter of Credit issued by and drawn upon any commercial bank which is a period member of ninety the New York Clearing House Association (90hereinafter referred to as the "Issuing Bank" with offices for banking purposes in the City of New York and having a net worth of not less than Five Hundred Million and 00/100 ($500,0OO,000.00) Dollars, which Letter of Credit shall have a term of not less than one year, be in form and content satisfactory to Sublandlord, be for the account of Sublandlord and be in the amount of $226,050.00. The Letter of Credit shall provide that: (i) The Issuing Bank shall pay to Sublandlord or its duly authorized representative an amount up to the face amount of the Letter of Credit upon presentation of the Letter of Credit and a sight draft in the amount to be drawn; (ii) The Letter of Credit shall be deemed to be automatically renewed, without amendment, for consecutive periods of one year each during the term of this Sublease, unless the Issuing Bank sends written notice (hereinafter referred to as the "Non-Renewal Notice") to Sublandlord by certified or registered mail, return receipt requested, not less than thirty (30) days following a surrender next preceding the then expiration date of the Leased Premises Letter of Credit, that it elects not to have such Letter of Credit renewed; (iii) Sublandlord, within twenty (20) days of its receipt of the Non-Renewal Notice, shall have the right, exercisable by Tenant a sight draft, to Landlord receive the monies represented by the Letter of Credit (which moneys shall be held by Sublandlord as a cash deposit pursuant to the terms of this Article 16 pending the replacement of such Letter of Credit or Subtenant's default hereunder); and (iv) Upon Sublandlord's assignment of Sublandlord's interest in the Main Lease, the Letter of Credit shall be transferable by Sublandlord as provided in Article 16A hereof. C. Sublandlord agrees that it will not draw down the proceeds of the Letter of Credit except in the event of a default by Subtenant hereunder which continues after any required notice and the expiration of any applicable cure period or the non-renewal of such Letter of Credit by the Issuing Bank. D. In the event that at any time during the term of this Sublease, Sublandlord, in Sublandlord's reasonable opinion, believes (i) that the net worth of the Issuing Bank shall be less than the minimum amount specified in Article 16B, or (ii) that circumstances have occurred indicating that the Issuing Bank may be incapable of, unable to, or prohibited from honoring the then existing Letter of Credit (hereinafter referred to as the "Existing L/C") in accordance with the terms thereof, then, upon the happening of either of the foregoing, Sublandlord may send written notice to Subtenant (hereinafter referred to as the "Replacement Notice") requiring Subtenant within which ten (10) days to inspect replace the Leased PremisesExisting L/C with a new letter of credit (hereinafter referred to as the "Replacement L/C") from an Issuing Bank meeting the qualifications described in Article 16B. Upon receipt of a Replacement L/C meeting the qualifications of Article ▇▇▇, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇▇▇▇▇ thereforshall forthwith return the Existing L/C to Subtenant. In the event that (a) a Replacement L/C meeting the qualifications of Article 16B is not received by Sublandlord within the time specified or (b) Sublandlord reasonably believes an emergency exists, then in either event, the Existing L/C may be presented for payment by Sublandlord and the proceeds thereof shall be held by Sublandlord in accordance with Section 16A subject, however, to Subtenant's right, at any time thereafter prior to a Subtenant's default hereunder, to replace such cash security with a new letter of credit meeting the qualificatons of Article 16B. E. Subtenant hereby advises Sublandlord that Republic National Bank shall be the original Issuing Bank. Notwithstanding anything in this Article 16 to the contrary, subject to the provisions of Section 16B hereof, Subtenant may, upon ten (10) days' prior written notice to Sublandlord, request that the Existing L/C be substituted with a new letter of credit (hereinafter referred to as the “Substitution L/C") from an Issuing Bank meeting the qualifications described in Section 16B. The Substitution L/C shall accompany said request. Upon receipt of a Substitution L/C meeting the qualifications of ▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ shall forthwith return the Existing L/C to Subtenant. F. Notwithstanding anything in this Article 16 to the contrary, subject to the provisions of Section 16G hereof, Subtenant may, upon notice to SublandLord (hereinafter referred to as the “Security Reduction Notice") request that Sublandlord return to Subtenant portions of the cash security deposited by Subtenant pursuant to Section 16A so as to reduce the cash security to the amounts set forth in Section 16G during the periods set forth in Section 16G or, if Subtenant has provided a Letter of Credit, exchange the then existing Letter of Credit for a new Letter of Credit or provide an amendment of the then existing Letter of Credit reasonably acceptable to Landlord in the amounts set forth in Section 16G and otherwise meeting the requirements of Section 16B. (i) Provided Tenant is not in default under this Sublease, which default continues after notice and the expiration of any applicable cure period, both on the date Sublandlord receives the Security Reduction Notice and on the date reimbursement is to be made to Subtenant or the existing Letter of Credit is to be exchanged or the amendment is to be delivered to and accepted by Sublandlord, and prepare a final accounting Sublandlord has not previously applied any such security in accordance with respect the provisions of this Article 16 which has not been restored by Subtenant, Sublandlord will return to Subtenant portions of the cash security so as to reduce the cash security to the Security Deposit. In no event shall amounts set forth in such Section 16G(ii) below during the Security Deposit periods set forth therein, or any portion thereof, exchange the then existing Letter of Credit for the new Letter of Credit or accept an amendment of such existing Letter of Credit (which acceptance must be considered prepaid rent.evidenced in writing by Landlord) as set forth in Section 16F.

Security Deposit. Upon Tenant’s execution In order to guarantee at all times the proper performance of payment obligations and the performance of all of the clauses and conditions of the lease for which the Lessee is responsible, the Lessee pays, upon signature of this Leaselease, Tenant to the Lessor, a security deposit, which shall deposit with Landlord not produce interest unless required by Illinois statute, the amount set forth of which is equal to one-twelfth of the total contractual obligation. This security deposit shall be kept during the entire lease term and through the period of time required to use it to pay for any qualifying expenses. Security deposit is a sum of money listed in Article 1 as this lease that the “Security Deposit” as security tenant shall place with the landlord specifically for the performance purpose of securing this lease. The landlord may apply money from the security deposit towards all short rents, utility payments made by Tenant the landlord as a result of tenant removing the utilities from their name, late payment fees costs listed in article 3 of this lease, and costs to bring the unit back to the same condition it was in when the tenant took possession beyond normal wear and tear. Among these costs, but not an exhaustive list, can be turning utilities on to do work, trash hauling, repairs/replacement, making new keys or replacing locks if keys, any FOBS or mirror hanger tags not turned in, and cleaning. At the end of this lease, landlord will return to the tenant any part of the terms of this Lease to be performed by Tenant, and security deposit not as prepayment of rent. Landlord may apply such portion or portions of the used in accordance with Illinois Statute 765 ILCS 710/Security Deposit as are reasonably necessary for Return Act. If the following purposes: (i) to remedy any Event of Default by Tenant in total sum exceeds the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit, the tenant agrees to promptly pay the amount in excess. Landlord may use Promptly shall mean within fifteen calendar days of receiving notice of money due. Any security deposit that is to be returned will be returned as one check made out to the Security Deposit in Landlord’s ordinary business and shall not be required tenant designated to segregate receive it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare for excess charges. This shall be one single tenant. That tenant is whoever it is or someone else. It is this tenant’s obligation to provide in writing a final accounting with respect forwarding address or it will be mailed to the Security Depositaddress shown on this lease. In no event Any mailings returned undeliverable shall be held for one year at the Security Deposit or any portion thereof, be considered prepaid rentaddress provided for giving notices.

Security Deposit. Upon To secure the faithful performance of all of Tenant’s execution of 's obligations and agreements set forth in this LeaseSublease, Tenant shall deposit with Landlord Landlord, on or before the Commencement Date, a security deposit in the amount set forth in Article 1 as of $61,031.25 (the “"Security Deposit” as security for the performance by Tenant of the terms of this Lease to be performed by Tenant, and not as prepayment of rent"). Landlord may apply the Security Deposit to cure any default that may from time to time exist hereunder, without prejudice to any other remedy or remedies which Landlord may have on account thereof and at such portion time, Landlord will provide Tenant with written notice thereof indicating the amount so applied. Upon such application, Tenant shall pay Landlord on demand the amount so applied, which shall be added to the Security Deposit so the same may be restored to its original amount. If Landlord assigns its interest under this Sublease to an assignee who assumes in writing Landlord's obligations hereunder and Landlord delivers the Security Deposit to its assignee (at which time Landlord will provide Tenant with written notice thereof), Tenant hereby releases Landlord from any and all further liability with respect to the Security Deposit and/or its application or portions of return. Landlord or its successor shall hold the Security Deposit as are reasonably necessary for a separate fund in a separate, interest-bearing account in Landlord's name at a Federally-insured banking institution. If Tenant faithfully fulfills, keeps, performs and observes all of the following purposes: (i) covenants, conditions and agreements set forth in this Sublease, the Security Deposit shall be returned to remedy any Tenant with accrued interest promptly after the expiration of the Term, provided Tenant has vacated the Premises and surrendered possession thereof to Landlord in the condition required by this Sublease. In the event Landlord terminates this Sublease or Tenant's right to possession by reason of an Event of Default by Tenant in Tenant, Landlord may apply the Security Deposit against damages suffered to the date of such termination to the extent thereof, all pursuant to applicable law. In the event any bankruptcy, insolvency, reorganization or other creditor-debtor proceedings shall be instituted by or against Tenant, or its successors or assigns, and not dismissed within sixty (60) days thereafter, the Security Deposit shall be deemed to be applied first to the payment of Base Monthly any Basic Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage Charges due Landlord for all periods prior to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions institution of Article 2such proceedings, and (iv) to remedy any other Event the balance, if any, of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit retained or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants paid to Landlord (and Tenant hereby waives the provisions in partial liquidation of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rentLandlord's damages.

Security Deposit. Upon Tenant’s 24.1 Simultaneously with the execution of this Lease, Tenant shall deposit with Landlord the amount set forth Security deposit (as defined in Article 1 as the “Section 1.1 (g)). The Security Deposit” as Deposit shall be security for the performance by Tenant of all of Tenant's obligations, covenants, conditions and agreements under this Lease. Landlord shall not be required to maintain the terms Security Deposit in a separate account. Landlord shall have no fiduciary responsibilities or trust obligations whatsoever with regard to the Security Deposit and shall not assume the duties of this a trustee for the Security. Except as may be required by law, Tenant shall not be entitled to interest on the Security Deposit. Within approximately thirty (30) days after the later of the expiration of the Lease Term or Tenant's vacating the Premises, Landlord shall return the Security Deposit to be performed by Tenant, and not as prepayment of rent. Landlord may apply less such portion thereof as Landlord shall have appropriated to satisfy any default by Tenant hereunder. In the event of any default by Tenant hereunder, Landlord shall have the right, but shall not be obligated, to use, apply or portions retain all or any portion of the Security Deposit as are reasonably necessary for the following purposes: (ia) to remedy any Event of Default by Tenant in the payment of any Annual Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, additional rent or any other monetary sum as to which Tenant is in default, (b) the payment obligation of Tenant under this Lease; (ii) any amount which Landlord may spend or become obligated to spend to repair physical damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required Building pursuant to Article VIII hereof, or (c) the provisions payment of Article 2any amount Landlord may spend or become obligated to spend, and (iv) to remedy or for the compensation of Landlord for any other Event losses incurred, by reason of Default of Tenant to the extent permitted by Law Tenant's default, including, without limitationbut not limited to, paying any damage or deficiency arising in full on Tenant’s behalf any sums claimed by materialmen or contractors connection with the reletting of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regardThe Security will not be a limitation on Landlord's damages or other rights and remedies available under the Lease, Tenant hereby waives or at law or equity, nor shall the Security be a payment of liquidated damages. If any restriction on the uses to which portion of the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedused or applied, within three (3) business days after written notice to Tenant of such use or application, Tenant shall pay to Landlord, promptly upon demand, deposit with Landlord cash in an amount in cash sufficient to restore the Security Deposit to its original amount, and Tenant's failure to do so shall constitute a default under this Lease. 24.2 If Tenant is in default under this Lease more than two (2) times within any twelve-month period, irrespective of whether or not such default is cured, then, without limiting Landlord's other rights and remedies provided for in this Lease or at law or equity, Tenant shall, upon demand, deposit with Landlord an additional security deposit equal to an amount equal to the full greater of: a. two (2) times the original sum. Landlord shall not be deemed a trustee of the Security Deposit. , or b. two (2) months' Minimum Rent, which shall be paid by Tenant to Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest forthwith on the Security Deposit. demand. 24.3 If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner purchaser or transferee of Landlord's interest in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statuteBuilding, in which event the transferring landlord Tenant shall be released from all liability look only to such purchaser or transferee for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect Landlord shall be released from all liability to Tenant for the return of the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rent.

Security Deposit. Upon Tenant’s execution of Tenant has this Lease, Tenant shall deposit day deposited with Landlord the amount set forth in Article 1 as Security Deposit to secure the “Security Deposit” as security for payment of the Fixed Rent and Additional Rent hereunder and the full and faithful performance by Tenant of the terms of this Lease to be performed by Tenant, covenants and not as prepayment of rent. Landlord may apply such portion or portions of conditions on the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors part of Tenant to be owing performed. The Security Deposit will not be an advance payment of the Fixed Rent and/or Additional Rent. During the Term hereof (as same may be extended or renewed from time to them time), Landlord may, if Landlord so elects, have recourse to the Security Deposit, to the extent necessary to make good any default by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regardbeyond any applicable notice and cure period, in which event Tenant hereby waives any restriction shall, on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlorddemand, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to its original amount in the full original sumform of cash. In no event, however, shall Landlord shall not be deemed a trustee obligated to apply all or any part of the Security Deposit. Landlord’s right to bring a special proceeding to recover damages or otherwise to obtain possession of the Demised Premises before or after Landlord’s declaration of the termination of the Lease for nonpayment of rent or for any other reason shall not in any event be affected by reason of the fact that Landlord may use holds a Security Deposit. The Security Deposit will not be a limitation on Landlord’s damages or other rights and remedies available under the Lease or at law or in equity; nor shall the Security Deposit be a payment of liquidated damages. The Security Deposit will not be an advance payment of the Fixed Rent and/or Additional Rent. In the event and/or to the extent Landlord is holding the Security Deposit in Landlord’s ordinary business and cash, Landlord shall not be required to segregate it keep the Security Deposit separate from Landlord’s general accountsits own funds and may co-mingle said amounts with its own funds. In addition, Landlord shall not be required to keep any Security Deposit in an interest-bearing account. If Landlord keeps the Security Deposit in an interest-bearing account, Landlord shall receive all of the interest that accrues thereon. Tenant shall not be entitled to any interest on mortgage, assign, or encumber the Security Deposit, and neither Landlord nor its successors or assigns shall be bound by any such mortgage, assignment, or encumbrance. If Landlord transfers Liability to return or repay, as the Leased Premises or any portion thereof during the Lease Termcase may be, Landlord may pay the said Security Deposit to Tenant shall run with the reversion and title to the Demised Premises, whether any change in ownership thereof be by voluntary alienation or as the result of judicial sale, foreclosure, or other proceedings, or the exercise of a right of taking or entry by any mortgagee, but subject to the terms and conditions of the following sentence. Landlord shall assign or transfer said Security Deposit, for the benefit of Tenant, to any subsequent owner in conformity with the provisions of Section 1950.7 or holder of the California Civil Code and/or any successor statutereversion or title to Demised Premises, in which event case the transferring landlord assignee or transferee shall become liable for the repayment thereof as herein provided, and the assignor or transferor shall be deemed to be released by Tenant from all liability for the to return such Security Deposit. Landlord shall return to Tenant any unapplied portion of the Security Deposit. Tenant specifically grants to Deposit not used by Landlord as permitted by this Lease within sixty (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (9060) days following a surrender after the Expiration Date (or last day of the Leased Premises by Tenant to Landlord within which to inspect Renewal Term, as applicable). The terms and conditions of this Paragraph shall survive the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit expiration or any portion thereof, be considered prepaid rentsooner termination of this Lease.

Security Deposit. Upon Tenant’s execution The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord of this Lease, Tenant . The Security Deposit shall deposit with be held by Landlord the amount set forth in Article 1 as the “Security Deposit” without liability for interest and as security for the performance by Tenant of Tenant's covenants and obligations under this Lease, it being expressly understood that the terms Security Deposit shall not be considered an advance payment of this Lease to be performed Rent or a measure of Tenant's liability for damages in case of default by Tenant, and not as prepayment of rent. Landlord may apply may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages of Rent or to satisfy any other covenant or obligation of Tenant hereunder. Following any such portion or portions application of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so usedDeposit, Tenant shall pay to Landlord, promptly upon demand, an Landlord on demand the amount so applied in cash sufficient order to restore the Security Deposit to its original amount. On the full original sum. Landlord shall not two (2) year anniversary of the Rent Commencement Date (as may be deemed a trustee extended below, the Security Deposit Return Date), if there exists no Event of Default by Tenant under this Lease and no event has occurred which, upon the giving of notice or the expiration of any applicable notice or grace period, could result in an Event of Default by Tenant hereunder, the balance of the Security DepositDeposit remaining after any such application shall be returned by Landlord to Tenant. Landlord may use Notwithstanding the foregoing, if at anytime prior to Landlords return of the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on there should occur an Event of Default by Tenant hereunder, then the Security DepositDeposit Return Date shall be extended by one (1) year for each such Event of Default that may occur. If the Security Deposit has not otherwise been returned to Tenant as of the termination of this Lease, and if Tenant is not in default at the termination of this Lease, the balance of the Security Deposit remaining after any such application shall be returned by Landlord to Tenant within thirty (30) days following the termination of this Lease. If Landlord transfers its interest in the Leased Premises or any portion thereof Complex during the Lease Termterm of this Lease, Landlord may pay assign the Security Deposit to any subsequent owner in conformity with the provisions transferee and upon assumption by such transferee of Section 1950.7 of liability for the California Civil Code and/or any successor statuteSecurity Deposit, in which event the transferring landlord Landlord shall be released from all have no further liability for the return of the such Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rent.