Common use of Security Deposit Clause in Contracts

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR HUNDRED FORTY FIVE THOUSAND ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN THIRTY TWO AND 20/100 80/100 ($ 401,587.20 445,132.80 ) Dollars. Said sum shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently Subject to Paragraph 50, concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR EIGHTY TWO THOUSAND TWO HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN TWENTY NINE AND 20/100 70/100 ($ 401,587.20 $82,229.70) Dollars. Said sum shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, . Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the thc payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, . 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, . Landlord shall transfer said Deposit to Landlord's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently with Tenant's Upon execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 Five Hundred Thousand Dollars ($ 401,587.20 $500,000.00) Dollarsor a Letter of Credit pursuant to the terms of Paragraph 4 (F)(1) below. Said sum shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's ’s default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion of said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefortherefor accompanied by a reasonably detailed written explanation of the basis for Landlord’s use of such funds, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's ’s failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If the Tenant fully and faithfully performs every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or at Landlord's ’s option, to the last assignee of Tenant's ’s interest hereunder) at the expiration of the Lease term and after Tenant has vacated the PremisesPremises less amounts retained to cover uncured defaults. In the event of termination of Landlord's ’s interest in this Leaselease, Landlord shall transfer said Deposit to Landlord's successors ’s successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor. (1) Tenant shall have the right to provide within 10 days upon the execution of this Lease Agreement, a Letter of Credit in lieu of a Security Deposit, provided the Letter of Credit is to be issued by a financial institution with a Standard & Poors rating of “A” or better with offices in either San Francisco, San Mateo or Santa Xxxxx County, and in the Stated Amount, to be held by Landlord in accordance with the terms, provisions and conditions of this Lease. Tenant shall pay all expenses, points and/or fees incurred by Tenant in obtaining the Letter of Credit. In the event the issuer of the Letter of Credit no longer maintains a Standard & Poors rating of “A” or better, Landlord shall notify Tenant and Tenant shall within fifteen (15) business days thereafter issue a new Letter of Credit with a financial institution with a Standard & Poors rating of “A” or better. If Tenant fails to issue a replacement Letter of Credit with such 15-business day period, Landlord shall be entitled to draw upon the Letter of Credit if the credit rating or financial condition of the issuer of the Letter of Credit is no longer compliant with the requirements of this Paragraph 4(F). Following any such draw by Landlord on the Letter of Credit solely because of the deterioration of the creditworthiness of the issuer of the Letter of Credit, Landlord will disburse such Letter of Credit proceeds to Tenant provided (i) Tenant delivers to Landlord a replacement Letter of Credit from a financial institution with a Standard & Poors rating of “A” or better with offices in either San Francisco, San Mateo or Santa Xxxxx County, and in favor of Landlord in a form, containing terms, issued by a lending institution, and drawable in a location all reasonably preapproved by Landlord within sixty (60) days after Landlord’s draw thereon, (ii) at the time of Tenant’s delivery of the replacement Letter of Credit, there exists no default with respect to any provisions of this Lease, and (iii) Tenant pays all of the fees and expenses charged by the issuer of the Letter of Credit in connection with such disbursement; provided, further, that if any of the three (3) foregoing conditions are not satisfied within such sixty (60) day period, the proceeds received from such draw shall constitute Landlord’s property (and not Tenant’s property or the property of the bankruptcy estate of Tenant) and Landlord shall then use, apply or retain all or any part of the proceeds for the purposes set forth in clauses (1) through (4) of the next paragraph. Tenant shall have the right to replace the Letter of Credit at any time provided it is with a financial institution that meets the qualifications set forth above. The Stated Amount shall be Five Hundred Thousand Dollars ($500,000.00). The Letter of Credit shall state that an authorized officer or other representative of Landlord may make demand on Landlord’s behalf for the Stated Amount of the Letter of Credit, or any portion thereof, 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 indicate that it is transferable in its entirety by Landlord as beneficiary and that upon receiving written notice of transfer, and upon presentation to the issuing bank of the original Letter of Credit, the issuer or confirming bank will reissue the Letter of Credit naming such transferee as the beneficiary. Tenant shall be responsible for the payment to the issuing bank of any transfer costs imposed by the issuing bank in connection with any such transfer. If (A) the term of the Letter of Credit held by Landlord will expire prior to the date which is sixty (60) days after the last day of the Lease Term and the Letter of Credit is not extended, or a new Letter of Credit for an extended period of time is not substituted, in either case at least (30) days prior to the expiration of the Letter of Credit, or (B) a default beyond applicable notice and cure periods occurs, or, without regard to notice and cure periods, there occurs a filing of a voluntary petition under Title 11 of the United States Code (i.e., the Bankruptcy Code), or Tenant otherwise becomes a debtor in any case or proceeding under the Bankruptcy Code, as now existing or hereinafter amended, Landlord may (but shall not be required to) draw upon all or any portion of the Stated Amount of the Letter of Credit to the extent reasonably required to cure such default (provided, however that the entire amount of the Letter of Credit may be drawn upon following any occurrence described in item (B) above), and the proceeds received from such draw shall constitute Landlord’s property (and not Tenant’s property or the property of the bankruptcy estate of Tenant) and Landlord shall, at its election, then use, apply or retain all or any part of the proceeds (1) for the payment of any sum which is in default, (2) for the payment of any other amount which Landlord may spend or become obligated to spend by reason of the default, (3) to compensate Landlord for any loss or damage which Landlord may suffer by reason of Tenant’s default or (4) as prepaid rent to be applied against Tenant’s next Rent obligations as they become due until the remaining proceeds are exhausted. If any portion of the Letter of Credit proceeds is so used or applied, Tenant shall, within 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 then-applicable Stated Amount required in this Paragraph 4(F). Landlord shall not be required to keep any proceeds from the Letter of Credit separate from its general funds. Should Landlord sell its interest in the Premises during the Lease Term and if Landlord deposits with the purchaser thereof the Letter of Credit or any proceeds of the Letter of Credit, thereupon Landlord shall be discharged from any further liability with respect to the Letter of Credit and said proceeds and Tenant shall look solely to such transferee for the return of the Letter of Credit or any proceeds therefrom. The Letter of Credit or any remaining proceeds of the Letter of Credit held by Landlord after expiration of the Lease Term, after any deductions described in this Paragraph 4(F), shall be returned to Tenant or, at Landlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Lease Term. The use, application or retention of the Letter of Credit, the proceeds or any portion thereof, shall not prevent Landlord from exercising any other rights or remedies provided under this Lease, it being intended that Landlord shall not be required to proceed against the Letter of Credit, and such use, application or retention of the Letter of Credit shall not operate as a limitation on any recovery to which Landlord may otherwise be entitled. No trust relationship is created herein between Landlord and Tenant with respect to the Letter of Credit. Landlord and Tenant acknowledge and agree that in no event or circumstance shall the Letter of Credit, any renewal thereof or substitute therefor or the proceeds thereof be (i) deemed to be or treated as a “security deposit” within the meaning of California Civil Code Section 1950.7, (ii) subject to the terms of such Section 1950.7, or (iii) intended to serve as a “security deposit” within the meaning of such Section 1950.7. The parties hereto (A) recite that the Letter of Credit is not intended to serve as a security deposit and such Section 1950.7 and any and all other laws, rules and regulations applicable to security deposits in the commercial context (“Security Deposit Laws”) shall have no applicability or relevancy thereto and (B) waive any and all rights, duties and obligations either party may now or, in the future, will have relating to or arising from the Security Deposit Laws. Notwithstanding the foregoing, to the extent California Civil Code Section 1950.7 in any way: (a) is applicable to the Letter of Credit (or any proceeds thereof); or (b) controls Landlord’s rights to draw on the Letter of Credit or apply the proceeds of the Letter of Credit to any amounts due under this Lease or any damages Landlord may suffer following termination of this Lease, then Tenant fully and irrevocably waives the benefits and protections of Section 1950.7 of the California Civil Code (except for subsection (b) of Section 1950.7 of the California Civil Code) as it relates to the Letter of Credit, it being agreed that Landlord may recover from the Letter of Credit (or its proceeds) all of Landlord’s damages under this Lease and California law including, but not limited to, any damages accruing upon the termination of this Lease in accordance with this Lease and Section 1951.2 of the California Civil Code. Provided that no monetary Event of Default (as defined in Paragraph 22 below) has occurred during the Term and then exists and no other Event of Default then exists, Landlord agrees that Tenant may reduce the Security Deposit or the Letter of Credit to the sum of $250,000 after the 30th month of the Lease Term,

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit has deposited with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord as a Security Deposit set forth in Paragraph 1 above as security for the Xxxxxx's faithful performance by Tenant of all of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the term hereofXxxxxx's obligations hereunder. If Tenant fails to pay Rent or other charges due hereunder, or otherwise defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part portion of this Security Deposit said deposit for the payment of any Rent or other charge in default or for the payment of any other amount sum to which Landlord may spend become obligated by reason of Tenant's default default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultthereby. If Landlord so uses or applies all or any portion of said Deposit is so used or applieddeposit, Tenant shall, shall within ten (10) days after written demand therefor, therefor deposit cash with Landlord in the an amount sufficient to restore said deposit to the Security Deposit to its original amount. full amount stated in Paragraph 1 and Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit said deposit separate from its general funds, and Tenant shall not be entitled to interest on such Depositaccounts. If Tenant fully and faithfully Xxxxxx performs every provision all of this Lease to be performed Tenant's obligations hereunder, said deposit, or so much thereof as has not theretofore been applied by itLandlord, the Security Deposit or any balance thereof shall be returned returned, without payment of interest or other increment for its use, to Tenant (or or, at Landlord's option, to the last assignee assignee, if any, of TenantXxxxxx's interest hereunder) at the expiration of the Lease term Term hereof, and after Tenant Xxxxxx has vacated the Premises. In the event of termination of Landlord's interest in this Lease, No trust relationship is created herein between Landlord shall transfer and Tenant with respect to said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforSecurity Deposit.

Security Deposit. Concurrently with Tenant's the execution of this Lease, Tenant shall deposit with deliver to Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollarscash payment to fulfill the Security Deposit requirement described in Article 1. Said sum The Security Deposit shall be held by Landlord as a Security Deposit security for the faithful performance of this Lease by Tenant of all of the terms, covenants, covenants and conditions of this Lease to be kept and performed Lease. If there is an Event of Default by Tenant during the term hereof. If Tenant defaults with respect to any provision provisions of this Lease, including, Lease (including but not limited to, the provisions relating to the payment of rent and Rent); if Tenant files a petition in bankruptcy, insolvency, reorganization, dissolution or liquidation under any law; makes an assignment for the benefit of its creditors; consents to or acquiesces in the appointment of a receiver of itself or the Premises, or if a court of competent jurisdiction enters an order or judgment appointing a receiver of Tenant or the Premises; or if a court of competent jurisdiction enters an order or judgment approving a petition filed against Tenant under any bankruptcy, insolvency or liquidation law, then in any such case Landlord may, without waiving any of Landlord’s other rights or remedies under this Lease, apply the monetary Security Deposit in whole or in part to remedy any failure by Tenant to pay any sums due herewithunder this Lease, Landlord may (but shall not be required to) useto repair or maintain the Premises, apply or retain all or any part of this Security Deposit for the payment of to perform any other amount which Landlord may spend by reason of Tenant's default terms, covenants or conditions contained in this Lease, to compensate Landlord for any other loss or damage damages which Landlord may suffer by reason as a result thereof, including without limitation any lost rent to which Landlord is entitled in the event the Lease terminates or is rejected as a result of Tenant's defaultany of the foregoing. If Should Landlord so apply any portion of said Deposit is so used or appliedthe Security Deposit, Tenant shall, shall replenish the Security Deposit to the original amount within ten fifteen (1015) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Leaseby Landlord. Landlord shall not be required to keep this the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforDeposit.

Security Deposit. Concurrently with Tenant's execution Upon listing below the amount, check number, date, or other appropriate information, the Landlord acknowledges the receipt of this Lease, Tenant shall the following security deposit: Until receipt of a security deposit with Landlord the sum of THIRTEEN THOUSAND FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 001100 DOLLARS ($ 401,587.20 $13,400.00) DollarsThis lease shall not be binding on the Landlord. Said sum shall be held by Landlord as a Security Deposit for The security deposit is given to secure the faithful performance by the Tenant of all of the terms, covenants, and conditions of this Lease lease by Tenant to be kept and performed by Tenant during the term hereof. If Tenant defaults with respect agrees that if the Tenant shall fail to any provision of this Leasepay the rent herein reserved promptly when due, includingsaid deposit may, but not limited to, at the provisions relating to the payment of rent and any option of the monetary sums due herewith, Landlord may (but Landlord shall not be required to) use), apply be applied to any rent due and unpaid, and if the Tenant violates any of the other terms, covenants, and conditions of this lease, said deposit may be applied to any damages suffered by Landlord as a result of Tenant's default to the extent of the amount of damages suffered. Nothing contained in this Article shall in any way diminish or retain all be construed as waiving any of Landlord's other remedies as provided in this lease or by law or in equity. Should the entire security deposit, or any part of this Security Deposit portion thereof, be appropriated and applied by Landlord for the payment of any overdue rent or other amount which sums due and payable to Landlord may spend by reason of Tenant's 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 said Deposit is so used or appliedTenant hereunder, then Tenant shall, on the written demand of Landlord, forthwith remit to Landlord a sufficient amount of cash within ten (10) days after written demand thereforreceipt of such demand, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so or it shall be constitute a material breach of this Leaselease. Should Tenant comply with all of the terms and covenants and conditions of this lease and promptly pay all of the rental herein provided for as it falls due, and all other sums payable to Landlord by Tenant hereunder, said security deposit shall not be required returned in full to keep Tenant after the end of the term of this Security Deposit separate from its general fundslease. In no event shall Landlord be deemed to be a trustee of the security deposit, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of any sums deposited under this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforsection.

Security Deposit. Concurrently with Tenant's execution of On or before the date when Lessee signs this Lease, Tenant Lessee shall deposit with Landlord Lessor the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars$11,000.00 as a Security Deposit. Said sum The Security Deposit shall be held by Landlord Lessor as a Security Deposit security for the faithful performance by Tenant Lessee of all of the terms, covenants, and conditions provisions of this Lease to be kept and performed or observed by Tenant Lessee. No portion of the Security Deposit may be used for any monetary obligation owed by Lessee during the term hereofof this Lease and any extension thereof, particularly the rental for the last month of the term of this Lease or any extension thereof. If Tenant Lessee fails to pay rent or other charges due hereunder, or otherwise defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord Lessor may (but shall not be required to) use, apply or retain all or any part portion of this the Security Deposit for the payment of said obligation or of any other amount sum to which Landlord Lessor may spend become obligated by reason of Tenant's default Lessee’s default, or to compensate Landlord Lessor for any other loss or damage which Landlord Lessor may suffer by reason of Tenant's defaultthereby. If Lessor so uses or applies all or any portion of said the Security Deposit is so used during the term hereof or appliedany extension, Tenant shall, Lessee shall within ten fifteen (1015) days after written demand therefor, therefor deposit cash with Landlord Lessor in the an amount sufficient to restore the Security Deposit to its original amountthe full amount thereof. Tenant's Lessee’s failure to do so shall be deemed a failure to pay rent and shall constitute a material breach of this Lease. Landlord Lessor shall not be required to keep this the Security Deposit separate from its his general funds, and Tenant shall not be entitled to interest on such Depositaccounts. If Tenant fully and faithfully Lessee performs every provision all of this Lease to be performed by itLessee’s obligations hereunder, the Security Deposit Deposit, or any balance so much thereof as has not theretofore been applied by Lessor, shall be returned returned, without payment of interest or other increment for its use, to Tenant Lessee (or or, at Landlord's Lessor’s option, to the last assignee assignee, if any, of Tenant's Lessee’s interest hereunder) at within a reasonable time after the expiration of the Lease term hereof and after Tenant Lessee has vacated the PremisesPremises and they are returned to Lessor in the condition in which they are obliged to be returned to Lessor, whichever is later. In No trust relationship is created herein between Lessor and Lessee with respect to the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforSecurity Deposit.

Security Deposit. Concurrently Tenant has, contemporaneously with Tenant's the execution ---------------- of this Lease, Tenant shall deposit deposited with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 $7,800.00 ($ 401,587.20 Seven Thousand Eight Hundred Dollars) Dollarsreceipt of which is hereby acknowledged by Landlord. Said This sum shall be held by Landlord as a Security Deposit security for the faithful performance by Tenant of on all of the terms, covenantscovenants and conditions of this Lease by Tenant to be kept and performed during the term hereof. If at any time during the term of this Lease any of the rent herein reserved shall be overdue and unpaid or any other sum payable by Tenant to Landlord here under shall be overdue and unpaid, the Landlord May, at its option (but Landlord shall not be required to), appropriate and apply any portion of said $7,800.00 to the payment of any such overdue rent or other sum. In the event of the failure of Tenant to keep and perform all of the terms, covenants and conditions of this Lease to be kept and performed by Tenant during Tenant, then at the term hereof. If Tenant defaults with respect to any provision option of Landlord, it may, after terminating this Lease, including, but not limited to, appropriate and apply said entire $7,800.00 (or so much thereof as may be necessary) to compensate Landlord for all loss or damage sustained or suffered by Landlord due to such breach on the provisions relating to part of Tenant. Should the payment of rent and any of the monetary sums due herewith, Landlord may entire $7,800.00 (but shall not be required to) use, apply or retain all or any part of this Security Deposit portion thereof) be appropriated or applied by Landlord for the payment of any overdue rent or other amount which sums then due and payable to Landlord may spend by reason of Tenant's 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 said Deposit is so used or appliedTenant here under, then Tenant shall, upon written demand of Landlord, forthwith remit to Landlord a sufficient amount in cash to restore said security to the original sum of $7,800.00. Tenant's failure to do so within ten (10) days after written receipt of such demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be constitute a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general fundsShould Tenant comply with all of said terms, covenants and conditions and promptly pay all of the rental herein provided as it falls due, and all other sums payable by Tenant to Landlord here under, then said falls due, and all other sums payable by Tenant to Landlord here under, then said sum shall not be entitled returned in full to interest on such Deposit. If Tenant fully and faithfully performs every provision at the end of the term of this Lease to be performed by it, or upon 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) at the expiration earlier termination of the Lease term and after Tenant has vacated under the Premises. In the event provisions of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforSection 15 hereof.

Security Deposit. Concurrently TENANT has deposited with Tenant's execution of this Lease, Tenant shall deposit with Landlord LANDLORD the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord -0- as a Security Deposit security for the full and faithful performance by Tenant of all of the terms, covenants, and conditions every provision of this Lease to be kept and performed by Tenant during the term hereofTENANT. If Tenant TENANT defaults with respect to any provision of this Lease, including, including but not limited to, to the provisions relating to the payment of rent and any of the monetary sums due herewithRent, Landlord LANDLORD may (but shall not be required to) use, apply or retain all or any part of this Security Deposit security deposit for the payment of any Rent or other sum in default or for the payment of any other amount which Landlord LANDLORD may spend or become obligated to spend by reason of Tenant's default TENANT’S default, or to compensate Landlord LANDLORD for any other loss loss, cost or damage which Landlord LANDLORD may suffer by reason of Tenant's TENANT’S default. If any portion of said Deposit deposit is so used or applied, Tenant TENANT shall, within ten five (105) days after written demand therefortherefore, deposit cash with Landlord LANDLORD in the an amount sufficient to restore the Security Deposit security deposit to its original amount. Tenant's amount and TENANT’S failure to do so shall be constitute a material breach of this Lease. Landlord LANDLORD shall not not, unless required by law, be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to pay interest on such Depositthe security deposit to the TENANT. If Tenant TENANT shall fully and faithfully performs perform every provision of this Lease to be performed by itLease, the Security Deposit security deposit or any balance thereof shall be returned to Tenant TENANT (or at Landlord's LANDLORD’S option, to the last assignee transferee of Tenant's TENANT’S interest hereunder) at within fifteen (15) days after the expiration of the Lease term and after Tenant term, provided TENANT has vacated the Premisespremises. In the event of termination of Landlord's interest in this Leasethe building is sold, Landlord shall transfer said Deposit the security deposit will be transferred to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefornew owner.

Security Deposit. (a) Concurrently with Tenant's ’s execution of this Lease, Lease Tenant shall deposit with Landlord a security deposit in the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 $33,500.25. ($ 401,587.20 b) DollarsTenant covenants and agrees to provided Landlord with (1) Tenant’s quarterly financial statements within thirty (30) days after the end of each of the first three quarters of Tenant’s fiscal year, certified by Tenant’s chief financial officer, and (2) Tenant’s audited annual financial statements within sixty (60) days after the end of Tenant’s fiscal year. Said sum If any such financial statement shows that Tenant has less than $5,000,000 in unencumbered cash and cash equivalents, or if Tenant fails to timely deliver any such financial statement, then Tenant shall deposit with Landlord, without notice or demand from Landlord, cash in an amount sufficient to increase the security deposit to an amount equal to two (2) times the then-current monthly Base Rent, which deposit shall be held by made on the earlier of (1) the date on which Tenant delivers such financial statement to Landlord or (2) the date which is the deadline for Tenant’s delivery of its financial statement as specified in the immediately preceding sentence. This sum is a Security Deposit for the faithful deposit securing Tenant’s performance by Tenant of all of the termsLease and shall remain the sole and separate property of Landlord until actually repaid to Tenant (or at Landlord’s option the last assignee, covenantsif any, of Tenant’s interest hereunder). Tenant does not earn said sum until all conditions precedent for its payment to Tenant have been fulfilled. As this sum both in equity and conditions of this Lease at law is Landlord’s separate property, Landlord is not required to be kept and performed by Tenant during the term hereofkeep it separate from its general accounts or pay interest for its use. If Tenant fails to pay Rent or other charges when due hereunder, or otherwise defaults with respect to any provision of this Lease, includingincluding Tenant’s obligation to restore or clean the Premises following vacation thereof, but at Landlord’s election, Tenant shall be deemed not limited toto have earned the right to repayment of the Security Deposit, the provisions relating to except those portions not used by Landlord for the payment of rent and any of the monetary sums due herewithRent or other charges in default, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount sum to which Landlord may spend become obligated by reason of Tenant's default ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer thereby. Landlord may retain such portion of the Security Deposit as it reasonably deems necessary to restore or clean the Premises following vacation by Tenant to the condition in which Tenant is required hereunder to leave the Premises at the expiration or sooner termination of the Term. The Security Deposit is not to be characterized as Rent until and unless so applied to a Tenant default. (c) All sums deposited with Landlord pursuant to Sections 32(a) and 32(b) above are deposits securing Tenant’s performance of the Lease and shall remain the sole and separate property of Landlord until actually repaid to Tenant (or at Landlord’s option the last assignee, if any, of Tenant’s interest hereunder). Tenant does not earn said sum until all conditions precedent for its payment to Tenant have been fulfilled. As this sum both in equity and at law is Landlord’s separate property, Landlord is not required to keep it separate from its general accounts or pay interest for its use. If Tenant fails to pay Rent or other charges when due hereunder, or otherwise defaults with respect to any provision of this Lease, including Tenant’s obligation to restore or clean the Premises following vacation thereof, at Landlord’s election, Tenant shall be deemed not to have earned the right to repayment of the Security Deposit, except those portions not used by Landlord for the payment of any Rent or other charges in default, or for the payment of any other sum to which Landlord may become obligated by reason of Tenant's ’s default, or to compensate Landlord for any loss or damage which Landlord may suffer thereby. Landlord may retain such portion of the Security Deposit as it reasonably deems necessary to restore or clean the Premises following vacation by Tenant. The Security Deposit is not to be characterized as Rent until and unless so applied to a Tenant default. (d) If Landlord elects to use or apply all or any portion of said the Security Deposit is so used or appliedas provided in Paragraph 32(c) above, Tenant shall, shall within ten (10) business days after written demand therefor, deposit cash with therefor pay to Landlord in the cash, an amount sufficient equal to restore that portion of the Security Deposit to its original amount. used or applied by Landlord, and Tenant's ’s failure to so do so shall be a material breach of this Lease. Landlord The ten (10) business day notice specified in the preceding sentence shall insofar as not be prohibited by law, constitute full satisfaction of notice of default provisions required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, the Security Deposit law or any balance thereof shall be returned to Tenant (or at Landlord's option, to the last assignee of Tenant's interest hereunder) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforordinance.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord as a Security Deposit for the faithful performance by Tenant of all of the terms, covenants, and conditions upon Tenant’s execution of this Lease to be kept a security deposit in the amount of One Million One Hundred Thousand and performed by Tenant during 00/100 Dollars ($1,100,000.00) (the term hereof“Security Deposit”) as security for Tenant’s faithful performance of Tenant’s obligations under this Sublease. If Tenant fails to pay Rent or otherwise defaults with respect to any provision of under this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewithSublease, Landlord may (but shall not be required to) use, apply or retain all or any part of this use the Security Deposit for the payment of any other amount which due Landlord may spend by reason of Tenant's default or to reimburse or compensate Landlord for any other liability, cost, expense, loss or damage (including attorneys’ fees) which Landlord may suffer or incur by reason of Tenant's defaultthereof. If any portion of said Deposit is Tenant shall on demand pay Landlord the amount so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient applied so as to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of the amount set forth in this LeaseSection 6.01. Landlord shall not be required to keep this all or any part of the Security Deposit separate from its general fundsaccounts. Landlord shall, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration or earlier termination of the Lease term Term and after Tenant has vacated the 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 held in trust, to bear interest, or to be prepayment for any monies to be paid by Tenant under this Sublease. In the event of termination an assignment by Landlord of Landlord's its interest in this under the Master Lease, Landlord shall have the right to transfer said the Security Deposit to Landlord's successors in interest whereupon ’s assignee, and Tenant agrees to release Landlord from liability look to such assignee solely for the return of the Security Deposit and it is agreed that the provisions hereof shall apply to every transfer or assignment made of the Security Deposit to a new landlord. Tenant further covenants that it shall not assign or encumber or attempt to assign or encumber the monies deposited herein as security and that neither Landlord nor its successors or assigns shall be bound by any such Deposit assignment, encumbrance, attempted assignment or the accounting thereforattempted encumbrance.

Security Deposit. Concurrently with TenantUpon Landlord's execution purchase of this Leasethe Property, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by $250,000 in cash and $400,000 in the form of an irrevocable Letter of Credit in form acceptable to Landlord and drawn on a financial institution acceptable to Landlord, as and for a "Security Deposit Deposit" for the full and faithful performance by Tenant of all each and every term, provision, covenant and condition of this Lease. On the first day of each month, Tenant will deposit an additional $9,500 of cash into the Security Deposit. The amount of the Letter of Credit held by Landlord or Landlord's Mortgagee shall be reduced each six months by $1.00 for each $1.00 of any such additional cash deposits made during the preceding six months of the Term until the Letter of Credit is reduced to zero. The Security Deposit in cash and Letter of Credit shall in no event exceed $1,150,000. The cash portion of such Security Deposit shall be maintained by or on behalf of Landlord and/or Landlord's Mortgagee in a separate interest-bearing account reasonably acceptable to Tenant, and shall not be commingled with Landlord's other accounts. The Letter of Credit portion of the Security Deposit shall be issued, at Landlord's request, either in the name of Landlord, or Landlord's Mortgagee and shall be held by either Landlord or an escrow agent, in which case Tenant agrees it will execute any documentation necessary to effectuate the intent of this Section 34. In the event that Tenant fails to pay any Base Rent or other amounts payable under this Lease within three days of the due date, or in the event Tenant defaults beyond the period allowed for cure in the Lease in respect to any of the other terms, covenantsprovisions, covenants and conditions of this Lease Lease, Landlord may use, apply or retain the whole or any part of the security so deposited for the payment of any such amounts or for any sum which Landlord may expend or be required to be kept and performed expend by Tenant during the term hereof. If Tenant defaults with respect to any provision reason of this LeaseTenant's default, including, but not limited to, any damages or deficiency may accrue before or after reentry by Landlord. Tenant shall be entitled to any interest on the provisions relating to Security Deposit, payable quarterly, if the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment is in cash. It is expressly understood and agreed that such deposit is not an advance rental deposit or a measure of any other amount which Landlord may spend by reason of TenantLandlord's default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason damages in case of Tenant's default. If Upon application of any portion part of said Deposit is so used or appliedthe deposit by Landlord as provided herein, Tenant shall, within ten (10) days after written shall pay to Landlord on demand therefor, the amount so applied in order to restore the security deposit cash with to its original amount. Any application of the deposit by Landlord shall not be deemed to have cured Tenant's default by reason of which the application is made. Tenant hereby grants to Landlord a security interest in the Security Deposit to secure all of Tenant's obligations to Landlord in connection with the amount sufficient Lease, including without limitation, any claims in favor of Landlord arising out of rejection of the Lease in bankruptcy. Tenant acknowledges that Landlord may assign the Security Deposit to restore Landlord's Mortgagee and consents to said assignment. In the event of a bona fide sale of the Building of which the Premises are a part, Landlord shall have the right to transfer the Security Deposit to its original amount. vendee for the benefit of Tenant's failure to do so , and thereafter Landlord shall be a material breach released of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from all liability for the return of such deposit and Tenant agrees to look to said vendee for the return of its security deposit. It is agreed that this provision shall apply to every transfer or assignment made of the security deposit to any new landlord. This Security Deposit shall not be assigned or encumbered by Tenant. It is expressly understood that the accounting thereforreentry of the Premises by Landlord for any default on the part of Tenant prior to the expiration of the term of this Lease shall not be deemed a termination of this Lease so as to entitle Tenant to recover the security deposit, and the security deposit shall be retained and remain in the possession of Landlord until the end of the term of this Lease, except as set forth below. Actions by Landlord against Tenant for breach of this Lease shall in no way be limited or restricted by the amount of this security deposit and resort to such deposit shall not waive any other rights or constitute an election of remedies which Landlord may have. If Tenant has fulfilled all of its obligations under the Lease through the Initial Term and renews the Lease for the First Renewal Term, the Security Deposit will be reduced to an amount equal to one monthly installment of the Base Rent and other charges then due under this Lease, and the remaining amounts in the Security Deposit (including accrued interest) will be returned to Tenant. If the Lease is not renewed for the First Renewal Term, the Security Deposit will be retained by Landlord and used to pay all costs of operating and maintaining the Premises, marketing the Premises for sale or lease, making repairs and improvements to the Premises, to prepare the Premises for sale or lease, and paying any other costs reasonably incurred in selling or reletting the Premises. Upon sale or lease of all or substantially all of the Premises, Landlord will pay to Tenant any portions of such Security Deposit which have not been used for such purposes. If Tenant performs all of its obligations under this Lease through the First Renewal Term and any subsequent Renewal Terms, any amounts remaining in the Security Deposit (including accrued interest) will be returned to Tenant at the expiration of this Lease following any adjustment of Operating Cost for the last year of the Term.

Security Deposit. Concurrently 29.01 Simultaneously with Tenant's the execution of this Lease, Tenant shall will deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord as a Security Deposit (which will not bear interest to Tenant unless required to do so by any provision of law) as security for the Tenant's faithful and timely payment and performance by Tenant of all of the termsTenant's obligations, covenants, conditions and conditions agreements under this Lease. Within a reasonable time after the expiration of this the Term, after calculation of adjustments to Tenant's Operating Expenses for the last Lease Year, Landlord will return the Security Deposit to be kept and performed Tenant, less such portion thereof as Landlord has utilized to make good any failure by Tenant during to comply with any of Tenant's obligations, covenants, conditions or agreements hereunder. 29.02 After any Event of Default by Tenant hereunder, Landlord has the term hereof. If Tenant defaults with respect to any provision of this Lease, includingright, but is not limited toobligated, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part portion of this the Security Deposit for the payment of any other amount to cure each default, in which Landlord may spend by reason of Tenant's 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 said Deposit is so used or appliedevent Tenant will, Tenant shallupon demand, within ten (10) days after written demand therefor, promptly deposit cash with Landlord in the amount sufficient necessary to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this . 29.03 The Security Deposit separate from will be held by Landlord and may be commingled with its general other funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination sale or transfer of Landlord's interest in this Leasethe Building, Landlord shall transfer said the Security Deposit to Landlord's successors such purchaser or transferee, in interest whereupon which event Landlord will give Tenant agrees notice of such transfer and upon such transfer, be released from all liability to release Landlord from liability Tenant for the return of such Deposit or the accounting thereforSecurity Deposit. Tenant will look only to the new landlord for the return of the Security Deposit.

Security Deposit. Concurrently with Tenant's execution of this the Lease, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord as a Security Deposit specified in the Basic Lease Information as security for the full and faithful performance by Tenant of all of the termseach and every term, covenants, covenant and conditions of this Lease to be kept and performed by Tenant during the term hereof. If Tenant defaults with respect to any provision condition of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, . Landlord may (but shall not be required to) use, apply or retain all the whole or any part of this the Security Deposit as may be reasonably necessary (a) to remedy Tenant's default in the payment of any Rent, (b) to repair damage to the Premises caused by Tenant, (c) to clean the Premises upon termination of this Lease, (d) to reimburse Landlord for the payment of any other amount which Landlord may reasonably spend or be required to spend by reason of Tenant's default default, or (e) to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion Should Tenant faithfully and fully comply with all of said Deposit is so used or appliedthe terms, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach covenants and conditions of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision within thirty (30) days following the expiration of this Lease to be performed by itthe Term, the Security Deposit or any balance thereof shall be returned to Tenant (or or, at the option of Landlord's option, to the last assignee of Tenant's interest hereunderin this Lease. Landlord shall not be required to keep the Security Deposit separate from its general funds and Tenant shall not be entitled to any interest on such deposit. If Landlord so uses or applies all or any portion of said deposit, within five (5) at days after written demand therefor Tenant shall deposit cash with Landlord in an amount sufficient to restore the expiration Security Deposit to the full extent of the Lease term above amount, and after Tenant has vacated the PremisesTenant's failure to do so shall be a default under this Lease. In the event of termination of Landlord's Landlord transfers its interest in this Lease, Landlord shall transfer said the then remaining amount of the Security Deposit to Landlord's successors successor in interest whereupon interest, and thereafter Landlord shall have no further liability to Tenant agrees with respect to release Landlord from liability for the return of such Deposit or the accounting thereforSecurity Deposit.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit has deposited with Landlord the sum of FOUR HUNDRED THIRTY-ONE THOUSAND FIVE SIX HUNDRED EIGHTY SEVEN SIXTY-SIX AND 20/100 66/HUNDREDTHS DOLLARS ($ 401,587.20 $31,666.66). In addition, a Letter of Credit, in form and substance acceptable to Landlord for an additional equivalent sum (i.e., $31,666.66) Dollars. will be delivered to Landlord upon written notice from Landlord to Tenant of Landlord's substantial completion of Landlord's Work Said sum and Letter of Credit shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, to the provisions relating to the payment of rent and any of the monetary sums due herewithrent, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit security deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default 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 said Deposit deposit is so used or applied, Tenant shall, shall within ten seven (107) business days after written demand therefor, deposit cash with Landlord in the an amount sufficient to restore the Security Deposit security deposit to its original amount. amount and Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit security deposit separate from its general funds, and Tenant shall not be entitled to interest on such Depositdeposit. If Tenant shall fully and faithfully performs perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or or, at Landlord's option, to the last assignee of Tenant's interest hereunder) at the expiration of the Lease term and after Tenant has vacated the Premisesterm. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit deposit to Landlord's successors successor in interest whereupon interest. Provided Tenant agrees is not then in default after expiration of any applicable cure period, at the second (2nd) anniversary of the commencement of the term of this Lease, if Landlord determines in Landlord's reasonable discretion that Tenant has a sufficient financial condition, income, profits and net worth, Tenant's security deposit shall be reduced to release Landlord from liability $15,833.33 cash and a Letter of Credit for the return of such Deposit or the accounting thereforan additional equivalent sum (i.e., $15,833.33).

Security Deposit. Concurrently 11.1 Simultaneously with Tenant's ’s execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord Security Deposit Amount as a Security Deposit security deposit for the faithful performance by Tenant of all of the termsTenant’s obligations, covenants, conditions and conditions agreements under this Lease. Landlord shall not be required to maintain such security deposit in a separate account. Tenant shall not be entitled to interest on the security deposit. Within forty-five (45) days after the later of the expiration or earlier termination of the Lease Term or Tenant’s vacating the Premises, Landlord shall return such security deposit to Tenant, less such portion thereof as Landlord shall have appropriated to satisfy any of Tenant’s obligations under this Lease or to be kept and performed by Tenant during satisfy an Event of Default (or such other event which, with the term hereofgiving of notice or the passage of time or both, would constitute an Event of Default) under this Lease. If Tenant fails to pay rent or other charges due hereunder, or otherwise defaults with respect to any provision of this Lease, includingLandlord shall have the right, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) obligated, to use, apply or retain all or any part portion of this the Security Deposit for the payment of any rent or other amount charge in default or for the payment of any other sum to which Landlord may spend become obligated by reason of Tenant's default ’s default, to repair damages to the Premises caused by Tenant, to clean the Premises upon expiration or termination, or to compensate Landlord for any other loss or damage which Landlord may suffer thereby, including, but not limited to, damages recoverable following termination of this Lease by reason of Tenant's defaultan Event of Default as herein provided, and any and all amounts Landlord may spend or become obligated to spend, or for the compensation of Landlord for any losses incurred, by reason of such event. If any portion of said Deposit the security deposit (in whatever form) is so used or applied, then within three (3) business days after Landlord gives written notice to Tenant shallof such use or application, Tenant shall deposit with Landlord cash in an amount sufficient to restore the security deposit to the original Security Deposit Amount, and Tenant’s failure to do so shall constitute an Event of Default under this Lease. 11.2 If and so long as Landlord transfers the security deposit to any purchaser or other transferee of Landlord’s interest in the Building, then Tenant shall look only to such purchaser or transferee for the return of the security deposit, and Landlord shall be released from all liability to Tenant for the return of such security deposit. Tenant acknowledges that the holder of any Mortgage shall not be liable for the return of any security deposit made by Tenant hereunder unless such holder actually receives such security deposit. Tenant shall not pledge, mortgage, assign or transfer the security deposit or any interest therein. 11.3 Tenant shall deliver to Landlord a clean, unconditional, irrevocable letter of credit in lieu of the cash security deposit. Such letter of credit shall be: (a) in form and substance satisfactory to Landlord in its sole and absolute discretion (with the following criteria at a minimum); (b) at all times in the stated face amount of not less than the Security Deposit Amount, and shall on its face state that multiple and partial draws are permitted and either (i) that partial draws will not cause a corresponding reduction in the stated face amount of the letter of credit or (ii) that, within five (5) business days after any such partial draw, the issuer will notify Landlord in writing that the letter of credit will not be reinstated to its full amount in which event Landlord shall have the right to immediately draw on the remainder of the letter of credit and hold the proceeds as a cash security deposit (it being understood that the total security deposit on hand, whether in cash or letter of credit form, shall at all times be not less than the total Security Deposit Amount as so defined); (c) issued by a commercial bank acceptable to Landlord from time to time and located in the Boston metropolitan area for the account of Tenant, and its permitted successors and assigns under this Lease; (d) made payable to, and expressly transferable and assignable one or more times at no charge by, the owner from time to time of the Building or its lender (which transfer/assignment shall be conditioned only upon the execution of a reasonable and customary written document in connection therewith), whether or not the original account party of the letter of credit continues to be the tenant under this Lease by virtue of a change in name or structure, merger, assignment, transfer or otherwise; (e) payable at sight upon presentment to a Boston metropolitan area branch of the issuer of a simple sight draft stating only that Landlord is permitted to draw on the letter of credit under the terms of the Lease and setting forth the amount that Landlord is drawing; (f) of a term not less than one year, and shall on its face state that the same shall be renewed automatically, without the need for any further written notice or amendment, for successive minimum one year periods, unless the issuer notifies Landlord in writing, at least thirty (30) days prior to the expiration date thereof, that such issuer has elected not to renew the letter of credit (which will thereafter entitle Landlord to draw on the letter of credit); and (g) at least thirty (30) days prior to the then current expiration date of such letter of credit, either (1) renewed (or automatically and unconditionally extended) from time to time through the forty-fifth (45th) day after the expiration of the Lease Term, or (2) replaced by Tenant with cash, or another letter of credit meeting the requirements of this Section, in the full amount of the Security Deposit Amount. Tenant shall cooperate with Landlord to effect any modifications, transfers or replacements of the letter of credit requested by Landlord in order to assure that Landlord is at all times fully secured by a valid letter of credit that may be drawn upon by Landlord, its successors and assigns. Notwithstanding anything in this Lease to the contrary, any cure or grace period provided in connection with an Event of Default shall not apply to any of the foregoing requirements of the letter of credit, and, specifically, if any of the aforesaid requirements are not complied with timely, then an immediate Event of Default shall occur and Landlord shall have the right to immediately draw upon the letter of credit without notice to Tenant and apply the proceeds to 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-2 (or equivalent) by Xxxxx’x Investors Service, Inc., or at least P-2 (or equivalent) by Standard & Poor’s Corporation, and shall be otherwise acceptable to Landlord in its sole and absolute discretion. If the issuer’s credit rating is reduced below A-2 (or equivalent) by Xxxxx’x Investors Service, Inc. or below P-2 (or equivalent) by Standard & Poor’s Corporation, or if the financial condition of such issuer changes in any other materially adverse way, then Landlord shall have the right to require that Tenant obtain from a different issuer a substitute letter of credit that complies in all respects with the requirements of this Section, and Tenant’s failure to obtain such substitute letter of credit within ten (10) days following Landlord’s written demand therefor (with no other notice or cure or grace period being applicable thereto, notwithstanding anything in this Lease to the contrary) shall entitle Landlord to immediately draw upon the then existing letter of credit in whole or in part, without notice to Tenant, and hold the proceeds as a cash security deposit. In the event the issuer of any letter of credit held by Landlord is insolvent or is placed into receivership or conservatorship by the Federal Deposit Insurance Corporation, or any successor or similar entity, or if a trustee, receiver or liquidator is appointed for the issuer, then, effective as of the date of such occurrence, said letter of credit shall be deemed to not meet the requirements of this Section, and, within ten (10) days after written demand thereforthereof, deposit cash Tenant shall replace such letter of credit with other collateral acceptable to Landlord in the amount sufficient to restore the Security Deposit to its original amount. sole and absolute discretion (and Tenant's ’s failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general fundsshall, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of notwithstanding anything in this Lease to be performed by itthe contrary, the Security Deposit or any balance thereof constitute an Event of Default for which there shall be returned no notice or grace or cure periods being applicable thereto other than the aforesaid ten (10) day period). 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 (or at Landlord's option, of its obligations hereunder with respect to the last assignee security deposit. 11.4 Provided that, (i) as of Tenant's interest hereunderthe first day of the third (3rd) at calendar year following the expiration of the Abatement Period (the “Reduction Date”), no default on the part of Tenant under this Lease term shall have theretofore occurred, and after Tenant has vacated (ii) within the Premises. In the event of termination of Landlord's interest in this Leasesixty (60) day period immediately preceding such Reduction Date, Landlord shall transfer said have reviewed Tenant’s then most recent statements (Tenant hereby agreeing to deliver Tenant’s most recent audited financial statements and well as financial statements for Tenant, certified by Tenant, prepared within sixty (60) days of such delivery, to Landlord with Tenant’s request for Landlord’s review and approval of same), which financial statements shall show that Tenant’s net worth has not declined from Tenant’s net worth as of the Execution Date, Tenant shall have the right to request that the amount of the Security Deposit be reduced by the sum of Forty-Four Thousand Two Hundred Five Dollars ($44,205.00) upon written notice to Landlord's successors . If all of the aforesaid conditions are met, Landlord shall so reduce the amount of the Security Deposit. If the Security Deposit has been provided in interest whereupon letter of credit form, such reduction shall occur by means of delivery by Tenant agrees to release Landlord from liability for of a substitute letter of credit in such amount (or an acceptable amendment to the return existing letter of such credit) and in strict conformity with the terms of Section 11.3. Notwithstanding anything in this Lease to the contrary, in no event during the Lease Term shall the amount of the Security Deposit or ever be less than an amount equal to two (2) full monthly installment of Base Rent payable under this Lease with respect to the accounting thereforfirst Lease Year.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord upon opening for business the sum of FOUR THOUSAND SEVEN HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 FIFTY DOLLARS & 00/100 ($ 401,587.20 4750.00) Dollars. Said sum shall be held by Landlord Dollars as a Security Deposit security for the Tenant's faithful performance by Tenant of all of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the term hereofTenant's obligations hereunder. If Tenant fails to pay rent or other charges due hereunder or otherwise defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part portion of this Security Deposit said deposit for the payment of any rent or other charge in default or for the payment of any other amount sum to which Landlord may spend become obligated by reason of Tenant's default default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultthereby. If Landlord so uses or applies all or any portion of said Deposit is so used or applied, deposit Tenant shall, shall within ten (10) days after written demand therefor, therefor deposit cash with Landlord in the an amount sufficient to restore the Security Deposit to its original amount. said deposit full amount hereinabove stated and Tenant's failure to do so shall be a material breach of this Lease, and Landlord may at his option terminate this Lease. Landlord shall not be required to keep this Security Deposit said deposit separate from its general funds, and Tenant shall not be entitled to interest on such Depositaccounts. If Tenant fully and faithfully performs every provision all of this Lease to be performed Tenant's obligations hereunder, said deposit or so much thereof as had not theretofore been applied by itLandlord, the Security Deposit or any balance thereof shall be returned returned, without payment of interest or other increment for its use, to Tenant (or or, at Landlord's option, to the last assignee assignee, if any, of Tenant's interest hereunder) at within fifteen (15) days after the expiration of the Lease term and hereof, or after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforwhichever is later.

Security Deposit. Concurrently with TenantUpon Lessee's execution of this Lease, Tenant Lessee shall ---------------- deposit with Landlord Lessor the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 set forth in Article 1. i. as the security deposit ($ 401,587.20 ) Dollars"Security Deposit"). Said sum The Security Deposit shall be held by Landlord Lessor as a Security Deposit security for the faithful performance by Tenant Lessee of all of the terms, covenants, covenants and conditions of this Lease to be kept and performed by Tenant Lessee during the term hereofTerm. If Tenant Lessee defaults with respect to any provision of this Lease, including, but not limited to, to the provisions relating to the payment of rent and any Rentals or relating to the condition of the monetary sums due herewithPremises at Lease Termination, Landlord Lessor may (but shall not be required to) use, apply or retain all or any part of this the Security Deposit for the payment of any Rental or any other sum in default, or for the payment of any amount which Landlord Lessor may spend or become obligated to spend by reason of TenantLessee's default default, or to compensate Landlord Lessor for any other loss or damage which Landlord Lessor may suffer by reason xxxxx of TenantLessee's default. If any portion of said the Security Deposit is so used or applied, Tenant shall, Lessee shall within ten five (105) days after written demand therefor, deposit cash with Landlord Lessor in the an amount sufficient to restore the Security Deposit to its original amount. Tenantamount and Lessee's failure to do so shall be a material breach of this Lease. Landlord Lessor shall not be required to keep this the Security Deposit separate from its general funds, and Tenant Lessee shall not be entitled to interest on such the Security Deposit. If Tenant fully and faithfully performs every provision Lessor is not a trustee of this Lease to be performed by it, the Security Deposit and may use it in ordinary business, transfer it or assign it, or use it in any balance thereof combination of such ways. Any remaining portion of the Security Deposit shall be returned to Tenant Lessee (or or, at LandlordLessor's option, to the last assignee of TenantLessee's interest hereunder) at the expiration within two (2) weeks after Lease Termination and vacation of the Lease term and after Tenant has vacated Premises by Lessee or its last assignee; provided, however if any portion of the Security Deposit is to be applied to repair damages to the Premises caused by Lessee or Lessee's Agents or to clean the Premises, then the balance of the Security Deposit shall be returned to Lessee (or, at Lessor's option to the last assignee of Lessee's interests hereunder) no later than thirty (30) days from the date Lessor receives possession of the Premises. In Lessee shall not transfer or encumber the event of termination of LandlordSecurity Deposit nor shall Lessor be bound by Lessee's attempt to do so. If Lessor's interest in this LeaseLease is terminated, Landlord shall Lessor may transfer said the Security Deposit to LandlordLessor's successors successor in interest whereupon Tenant agrees interest, and upon such transfer, Lessor shall be released from any liability to release Landlord from liability Lessee with respect to the Security Deposit and Lessee shall look only to the transferee for the any return of such the Security Deposit or the accounting thereforto which Lessee may be entitled.

Security Deposit. Concurrently Under the Prior Lease, Tenant has a $15,000 security deposit with Tenant's Landlord. Upon the execution of this Lease, Tenant shall deliver to Landlord, by check, an additional security deposit of Thirty-Five Thousand Dollars ($35,000) (together with Landlord the sum existing security deposit of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars$15,000, the "Security Deposit"). Said sum The Security Deposit shall be held by Landlord as a Security Deposit security for the faithful performance by Tenant of all of the terms, covenants, and conditions provisions of this Lease to be kept and performed by Tenant during the term hereofLease. If Tenant defaults with respect fails to any provision of pay Rent or other charges due under this Lease, including, but not limited to, the provisions relating to the payment or any other Event of rent and any of the monetary sums due herewithDefault occurs, Landlord may (but shall not be required to) use, apply or retain all or any part portion of this the Security Deposit for the payment of Rent or other charge in default or for the payment of any other amount sum to which Landlord may spend become obligated by reason of Tenant's default the Event of Default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultthe Event of Default. If Landlord so uses or applies all or any portion of said Deposit is so used or appliedthe Security Deposit, Tenant shall, shall within ten (10) days after written demand therefor, therefor deposit cash with Landlord in the an amount sufficient to restore the Security Deposit to its original amount. the full amount stated above and Tenant's failure to do so shall be a material breach of this Lease. No later than 30 days after the end of the term, providing no Event of Default has occurred and is continuing and the Premises is returned to Landlord shall not be in the condition required to keep under this Security Deposit separate from its general fundsLease, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision the unapplied portion of this Lease to be performed by it, 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) at . No later than ten days following the expiration of the Lease term and after Tenant has vacated the Premises. In the event of Term or earlier termination of Landlord's interest in this Lease, Landlord and Tenant shall transfer said conduct a joint walkthrough to assess the condition of the Premises. No trust relationship is created herein between Landlord and Tenant with respect to the Security Deposit nor is the Landlord obligated to Landlord's successors in segregate or pay interest whereupon on such Security Deposit. The application by Landlord of the Security Deposit against any obligation owing by Tenant agrees or to release compensate Landlord from liability for the return any damage sustained by it hereunder shall not constitute a waiver by Landlord of such Deposit or the accounting thereforany other remedy that may be available to it.

Security Deposit. Concurrently Tenant agrees to deposit with Tenant's Landlord, upon the execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord as a Security Deposit as security for the full and faithful performance by Tenant of all of the termseach and every term, covenantsprovision, covenant and conditions of this Lease to be kept and performed by Tenant during the term hereof. If Tenant defaults with respect to any provision condition of this Lease, including, but not limited to, the provisions relating to the payment . If an Event of rent and any of the monetary sums due herewithDefault occurs, Landlord may (but shall not be required to) use, apply or retain all the whole or any part of this the Security Deposit for the payment of any other amount sum then due hereunder or which Landlord may spend expend or be required to expend by reason of Tenant's default ’s breach including, without limitation, any damages or to compensate Landlord for any other loss deficiency in the reletting of the Premises, whether such damages or damage which Landlord may suffer deficiency shall have accrued before or after re entry by reason of Tenant's defaultLandlord. If any portion of said the Security Deposit is shall be so used used, applied or appliedretained by Landlord at any time or from time to time, Tenant shallshall promptly, in each such instance, within ten five (105) days after of written demand therefortherefor by Landlord, deposit cash with pay to Landlord in the amount sufficient such additional sums as may be necessary to restore the Security Deposit to its the original amount. Tenant's failure to do so shall be a material breach amount set forth in the first Section of this Lease. If this Lease is terminated or expired and Tenant is not in default under this Lease at such time, the Security Deposit, or the balance thereof, shall be returned to Tenant after all of the following: (a) the time fixed as the expiration of the Term of this Lease; (b) the removal of Tenant from the Premises; (c) the surrender of the Premises by Tenant to Landlord shall not be in accordance with this Lease; and (d) final determination of all amounts payable by Tenant hereunder and payment of same. Except as otherwise required to keep this Security Deposit separate from its general fundsby law, and Tenant shall not be entitled to any interest on such the Security Deposit. If Tenant fully and faithfully performs every provision In the absence of this Lease evidence satisfactory to be performed by it, Landlord of an assignment of the right to receive the Security Deposit or any the remaining balance thereof shall be returned to Tenant (or at Landlord's optionthereof, Landlord may return the Security Deposit to the last assignee original Tenant, regardless of Tenant's interest hereunder) at the expiration one or more assignments of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently with At the time of Tenant's ’s execution of this Leaseand delivery hereof, Tenant shall will deposit with Landlord a security deposit (the sum “Security Deposit”) in the amount of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 One Hundred Twenty Thousand Dollars ($ 401,587.20 $120,000.00) Dollars. Said sum shall to be held by Landlord as a Security Deposit for the faithful duration of the Lease as security for the full performance by Tenant of all of the termsobligations on the part of Tenant hereunder. The Security Deposit shall, covenantsat the option of Landlord, be in the form of an irrevocable demand letter of credit (the “Letter of Credit”), in form and conditions of this Lease substance reasonably acceptable to be kept Landlord, issued by an FDIC-insured commercial banking institution having offices in Massachusetts and performed by Tenant during the term hereofreasonably acceptable to Landlord. If the Security Deposit, or any portion thereof, is in the form of cash, Landlord shall hold the same without liability for interest and without any obligation to segregate such cash from Landlord’s other funds. Tenant defaults with respect shall not mortgage, pledge, grant a security interest in, or otherwise encumber the Security Deposit. Landlord shall have the right from time to time, without prejudice to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, other remedy Landlord may (but shall not be required to) usehave on account thereof, to apply or retain all such Security Deposit, or any part of this Security Deposit for the payment of thereof, to Landlord’s damages arising from any other amount which Landlord may spend by reason Default of Tenant's 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 said Deposit is so used or appliedUpon such application, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to shall promptly restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach Upon the full performance by Tenant of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by itobligations hereunder, the Security Deposit Deposit, or any balance thereof such amount that shall be remaining after application of the same hereunder, shall be returned to Tenant within thirty (30) days after the expiration or earlier termination of this Lease and surrender of possession of the Premises by Tenant to Landlord at Landlord's optionsuch time. If the Security Deposit is in the form of a Letter of Credit, such Letter of Credit shall, throughout the Term, be in full force and in compliance with the terms of this Lease. Tenant shall not mortgage, pledge, grant a security interest in, or otherwise encumber the Letter of Credit or the proceeds of the same. Landlord shall have the right from time to time, without prejudice to any other remedy Landlord may have on account thereof, to draw on the last assignee Letter of Credit and apply the proceeds, or any part thereof, to Landlord’s damages arising from any Default of Tenant (beyond applicable notice and cure periods) on the part of Tenant's interest hereunder) at . Upon such application, Tenant shall promptly restore the expiration Security Deposit to its original amount either by delivering cash or a new Letter of Credit complying with the Lease term and after Tenant has vacated the Premisesprovisions hereof to Landlord. In the event such Letter of Credit will expire by its terms prior to the end of the Term and Tenant fails to provide a substitute Letter of Credit at least thirty (30) days prior to such expiration, then Landlord may draw on the Letter of Credit and hold the proceeds. Any portion of the proceeds of the Letter of Credit not applied to cure a breach or default of Tenant hereunder shall be held by Landlord as a cash Security Deposit pursuant to the provision set forth above unless Landlord shall require a new Letter of Credit complying with the provisions hereof, in which event the unapplied cash proceeds shall be promptly returned to Tenant for such purpose. Upon the full performance by Tenant of its obligations hereunder, the Letter of Credit (or the remaining proceeds thereof if previously drawn and not applied to cure a Default of Tenant hereunder), shall be surrendered to Tenant within thirty (30) days after the expiration or earlier termination of Landlord's interest in this Lease, Lease and surrender of possession of the Premises by Tenant to Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of at such Deposit or the accounting therefortime.

Security Deposit. Concurrently with TenantLessee's execution of this LeaseLease and submission thereof for Lessor's execution, Tenant Lessee shall deposit with Landlord pay the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum Deposit to Lessor, which Deposit shall be held by Landlord Lessor as a Security Deposit security for the full and faithful performance by Tenant of all of Lessee's covenants and obligations under the termsLease. The Deposit is not an advance Base Rental deposit, covenants, and conditions of this Lease to be kept and performed by Tenant during the term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the an advance payment of any other amount which Landlord may spend by reason kind, or a measure of TenantLessor's default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason damages in case of TenantLessee's default. If Lessee fails to comply with the full and timely performance of any or all of Lessee's covenants and obligations set forth in this Lease, then Lessor may, from time to time, without waiving any other remedy available to Lessor, use the Deposit, or any portion of said Deposit is so used it, to the extent necessary to cure or applied, Tenant shall, within ten (10) days after written remedy such failure or to compensate Lessor for any or all damages sustained by Lessor resulting from Lessee's failure to comply fully and timely with its obligations pursuant to this Lease. Lessee shall immediately pay to Lessor on demand therefor, deposit cash with Landlord in the amount sufficient so applied in order to restore the Security Deposit to its original amount. Tenant, and Lessee's failure to immediately do so shall be constitute a material breach of default under this Lease. Landlord If Lessee is in compliance with the covenants and obligations set forth in this Lease at the time which is sixty (60) days following the time of both the expiration (or earlier termination) of this Lease and Lessee's vacating of the Premises, Lessor shall return the Deposit to Lessee promptly thereafter. Lessor's obligations with respect to the Deposit are those of a debtor and not a trustee. Lessor shall not be required to keep this Security maintain the Deposit separate and apart from its Lessor's general or other funds, and Tenant Lessor may commingle the Deposit with any of Lessor's general or other funds. Lessee shall not at any time be entitled to interest on such the Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently with Tenant's execution If at any time during the Term of this Lease, any Rent or any other sum due Landlord shall be overdue and unpaid, whether as a result of an Event of Default or otherwise, then Landlord, at its option, may appropriate and apply all or any portion of the Security Deposit to the payment of any overdue Rent or other sum due from Tenant to Landlord hereunder. The use, application or retention of the Security Deposit, or any portion thereof, by Landlord shall not prevent Landlord from exercising any other right or remedy provided by this Lease or at law or in equity (it being intended that Landlord shall not first be required to proceed against the Security Deposit) and shall not operate as a limitation on any recovery to which Landlord may otherwise be entitled. Upon Landlord’s request, Tenant shall deposit with forthwith remit to Landlord cash sufficient to restore said sum to the original sum deposited. Tenant’s failure to do so within five (5) business days after receipt of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum a demand therefor shall be held a default under this Lease. Landlord is not required to keep the Security Deposit separate from Landlord’s general fund or segregate the Security Deposit from other funds. No interest will be paid to Tenant on the Security Deposit, except as may be required by applicable law. At expiration of the Term, Landlord shall return the Security Deposit to Tenant less any sum that may be applied from the Security Deposit by Landlord as a Security Deposit for the faithful performance pursuant to this Section 18.7 less any amount reasonably retained by Tenant of all of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the term hereof. If Tenant defaults Landlord with respect to any provision default (or Event of Default) by Tenant hereunder which has not yet been cured. Upon resolution of such default or Event of Default, as applicable, Landlord shall remit any withheld Security Deposit to Tenant that is in excess of any sum that Landlord is permitted to apply against the Security Deposit pursuant to this Section 18.7, and thereupon Landlord shall be discharged from all liability with respect to such deposit. Neither said deposit nor the application thereof by Landlord, as hereinabove provided, shall be a bar or defense to any action in unlawful detainer or to any action which Landlord may at any time commence for a breach of any of the covenants or conditions of this Lease. Nothing herein shall be construed to limit the amount of damages recoverable by Landlord, including, but not limited to, it being specifically agreed that the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but Security Deposit shall not be required to) usedeemed liquidated damages in the event of a default by Tenant under this Lease. In no event shall the Security Deposit be considered an advance payment of Rent, apply or retain all or any part of this nor shall Tenant be entitled to use the Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforRent.

Security Deposit. Concurrently with Tenant has paid or will pay Landlord the amount of Seventy-Two Thousand Eight Hundred Twenty-Four Dollars and Fifty Cents ($72,824.50) as security for the full and faithful performance of each of the terms hereof by Tenant's execution of . Landlord shall not be required to keep this Lease, security deposit separate from its general funds and Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall not be held by Landlord as a Security Deposit for the faithful performance by Tenant of all of the terms, covenants, and conditions of this Lease entitled to be kept and performed by Tenant during the term hereofinterest thereon. If Tenant defaults with respect to any provision of this Lease, including, including but not limited to, to the provisions relating to the payment of rent and any of the monetary sums due herewithrent, Landlord may (may, but shall not be required to) , use, apply or retain all or any part of this Security Deposit security deposit for the 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 spend by reason of Tenant's default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default, including without limitation, costs and attorneys' fees incurred by Landlord to recover possession of the Premises upon a default by Tenant hereunder. If any portion of said Deposit deposit is so used or applied, Tenant shall, within ten (10) days after written upon demand therefortherefore, deposit cash with Landlord in the an amount sufficient to restore the Security Deposit security deposit to its original amount. amount and Tenant's failure to do so shall be constitute a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Depositdefault hereunder by Tenant. If Tenant shall fully and faithfully performs perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or or, at Landlord's option, to the last assignee of Tenant's interest hereunder) at within thirty (30) days following the later of expiration of the Lease term Term and after Tenant has vacated surrender of possession of the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit Premises to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently Contemporaneously with Tenant's the execution of this Lease, Tenant shall deposit with pay to Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum Security Deposit, which shall be held by Landlord as a to secure Tenant’s performance of its obligations under this Lease. The Security Deposit for the faithful performance by Tenant is not an advance payment of Rent or a measure or limit of Landlord’s damages upon an Event of Default (as defined herein). Landlord may, from time to time following an Event of Default and without prejudice to any other remedy, use all or a part of the terms, covenants, and conditions of this Lease Security Deposit to be kept and performed by perform any obligation Tenant during the term hereoffails to perform hereunder. If Tenant defaults with respect to Following any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any such application of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or appliedDeposit, Tenant shall, within ten (10) days after written shall pay to Landlord on demand therefor, deposit cash with Landlord in the amount sufficient so applied in order to restore the Security Deposit to its original amount. Tenant's failure Subject to do so the requirements of, and conditions imposed by, Laws applicable to security deposits under commercial leases, Landlord shall, within the time required by applicable Law, return to Tenant the portion of the Security Deposit remaining after deducting all damages, charges and other amounts permitted by Law. Landlord and Tenant agree that such deductions shall be include, without limitation, all damages and losses that Landlord has suffered or that Landlord reasonably estimates that it will suffer as a material result of any breach of this LeaseLease by Txxxxx. Landlord shall not be required to keep this The Security Deposit separate from its general may be commingled with other funds, and Tenant no interest shall not be entitled to interest on such Depositpaid thereon. If Tenant fully and faithfully performs every provision of this Lease to be performed by itLandlord transfers its interest in the Premises, Landlord shall assign the Security Deposit or any balance thereof shall be returned to the transferee and, upon such transfer and the delivery to Tenant (or at Landlord's option, to the last assignee of Tenant's interest hereunder) at the expiration an acknowledgement of the Lease term and after Tenant has vacated transferee’s responsibility for the Premises. In the event of termination of Landlord's interest in this LeaseSecurity Deposit as provided by Law, Landlord thereafter shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from have no further liability for the return of such Deposit or the accounting thereforSecurity Deposit.

Security Deposit. Concurrently Tenant shall deposit with Tenant's Landlord, upon execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord as a Security Deposit set forth in the Basic Lease Provisions as security for the Tenant’s faithful performance by Tenant of all of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the term hereofTenant’s obligations hereunder. If Tenant defaults with respect fails to timely pay rent or other amounts due hereunder, or otherwise fails to timely observe or perform any provision of this Lease on Tenant’s part to be observed or performed, Landlord may, without waiving or releasing Tenant from any obligation under this Lease, includingand without waiving Landlord’s right to treat such failure as a default hereof or any other right or remedy with respect thereto, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply apply, or retain all or any part portion of this said Security Deposit for the payment of any such rent or other amount or for the payment of any other sum to which Landlord may spend become obligated by reason of Tenant's default ’s failure to timely observe or perform any such provision of this Lease, or to so compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultthereby. If Landlord so uses or applies all or any portion of said Deposit is so used or appliedSecurity Deposit, Tenant shall, shall within ten five (105) business days after written demand therefor, therefor deposit cash with Landlord in the an amount sufficient to restore the said Security Deposit to its original amount. the full amount hereinabove stated and Tenant's ’s failure to do so shall be a material breach of this Lease. Landlord shall not be required If Tenant timely and fully performs and observes all of Tenant’s obligations to keep this perform and observe hereunder, said Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or or, at Landlord's Tenant’s option, to the last assignee assignee, if any, of Tenant's ’s interest hereunder) at the expiration of the Lease term Term. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code and after all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a Landlord must refund a security deposit under a lease, and/or (ii) provide 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 has vacated or to clean the Premises. In the event premises, it being agreed that Landlord may, in addition, claim those sums specified in this Section 4.06 and/or those sums reasonably necessary to compensate Landlord for any loss or damage caused by Tenant’s breach of termination of Landlord's interest in this Lease, including any damages Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return suffers following termination of such Deposit or the accounting thereforthis Lease.

Security Deposit. Concurrently Tenant has deposited with Tenant's execution of this Lease, Tenant shall deposit with Landlord landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE SEVEN HUNDRED EIGHTY SEVEN SEVENTY DOLLARS AND 20/100 08/100 DOLLARS ($ 401,587.20 THIS IS THE DEPOSIT CARRIED OVER FROM PREVIOUS LEASE) Dollars. Said sum shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, to the provisions relating to the payment of rent and any of the monetary sums due herewithrent, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit security deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion of said Deposit deposit is so used or applied, Tenant shall, shall within ten five (105) days after written demand thereforthereof, deposit cash with Landlord in the an amount sufficient to restore the Security Deposit security deposit to its original amount. amount and Tenant's ’s failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit security deposit separate from its general funds, and Tenant shall not be entitled to interest on such Depositdeposit. If Tenant shall fully and faithfully performs perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or or, at Landlord's ’s option, to the last assignee of Tenant's ’s interest hereunder) at the expiration of the Lease term and after Tenant has vacated the Premisesterm. In the event of termination of Landlord's ’s interest in this Lease, Landlord shall transfer said Deposit deposit to Landlord's successors ’s successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforinterest.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE SIXTY NINE THOUSAND FIVE THREE HUNDRED EIGHTY SEVEN TWENTY FOUR AND 20/100 80/100 ($ 401,587.20 $469,324.80) Dollars. Said sum shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, . Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor. [ILLEGIBLE] AND COMMON AREA Subject to the terms and conditions of this Lease and such Rules and Regulations as Landlord may from time to time prescribe, Tenant and Tenant's employees, invitees and customers shall, in common with other occupants of the Complex in which the Premises are located, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas, and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Complex in which the Premises are located, which areas and facilities are referred to herein as "Common Area". This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of Common Area. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for the best interests of the occupants of the Complex. The Rules and Regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such Rules and Regulations may be amended by Landlord form time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy to Tenant. Landlord shall not be responsible to Tenant for the non-performance by any other tenant or occupant of the Complex of any of said Rules and Regulations. Landlord shall operate, manage and maintain the Common Area. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the discretion of Landlord. * $140,313.60 Cash due upon Lease execution. $68,486.40 Promissory Note due December 1, 2000. $260,524.80 Promissory Note due May 1, 2001.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with This Section 3 will only be applicable if Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord as draws down all or a Security Deposit for the faithful performance by Tenant of all portion of the terms, covenants, and conditions Letter of this Lease Credit pursuant to be kept and performed by Tenant during Section 5 of the term hereofRider to Lease. If Tenant fails to pay Rent or other charges due hereunder or otherwise defaults with respect to any provision of this the Lease, including, but not limited to, then following the provisions relating to the payment expiration of rent any notice and any of the monetary sums due herewithcure periods, Landlord may (but shall not be required to) use, apply or retain all or any part portion of this Security Deposit said deposit for the payment of any Rent or other charge in default or for the payment of any other amount sum to which Landlord may spend become obligated by reason of Tenant's default ’s default, or to compensate Landlord for any other loss or damage which Landlord Lessor may suffer by reason of Tenant's defaultthereby, all to the extent permitted in Section 22 hereof. If Landlord so uses or applies all or any portion of said Deposit is so used or applieddeposit, Tenant shall, shall within ten (10) days after written demand therefor, therefor deposit cash with Landlord in the an amount sufficient to restore said deposit to the Security Deposit to its original amount. full amount herein above stated and Tenant's ’s failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit said deposit separate from its general funds, and Tenant shall not be entitled to interest on such Depositaccounts. If Tenant fully and faithfully performs every provision all of this Lease to be performed Tenant’s obligations hereunder, said deposit, or so much thereof as has not theretofore been applied by it, the Security Deposit or any balance thereof Landlord shall be returned returned, without payment of interest or other increment for its use to Tenant (or at Landlord's ’s option, to the last assignee assignee, if any, of Tenant's ’s interest hereunder) at the expiration of the Lease term Term hereof, and after Tenant has vacated the Premises. In No trust relationship is created herein between Landlord and Tenant with respect to said Security Deposit. Landlord shall deliver the funds deposited hereunder by Tenant to the purchaser of Landlord’s interest in the Premises, in the event of termination of Landlord's that such interest in this Leaseis sold, and so long as such deposit is so delivered, Landlord shall transfer be discharged from any further liability with respect to said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforsecurity deposit.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit has deposited or concurrently herewith is depositing with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord as a Security Deposit set forth in Article 1.F. of the Basic Lease Provisions as security for the full and faithful performance by Tenant of all of the terms, covenants, and conditions every provision of this Lease to be kept and performed by Tenant during the term hereofTenant. If Tenant defaults with respect materially breaches, after notice and failure to cure as provided herein, any provision of this Lease, including, including but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewithrent, Landlord may (but shall not be required to) use, apply or retain use all or any part of this Security Deposit security deposit for the payment of any rent or any other amount which Landlord may spend by reason of Tenant's default sums in default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion of said the Security Deposit is so used or applied, Tenant shall, within ten five (105) days after written demand therefor, deposit cash with Landlord in the an amount sufficient to restore the Security Deposit to its original amountthe amount identified above. Tenant's failure to do so shall be a material breach of this Lease. Tenant agrees that Landlord shall not be required to keep this the Security Deposit in trust, segregate it or keep it separate from its Landlord’s general funds, but Landlord may commingle Tenant’s Security Deposit with its general funds and Tenant shall not be entitled to interest on such its Security Deposit. If At the expiration of the Term, and provided there exists no default by Tenant fully and faithfully performs every provision of this Lease to be performed by ithereunder, the Security Deposit or any balance balance, if any thereof shall be returned to Tenant within ninety (or at Landlord's option, to the last assignee of Tenant's interest hereunder90) at the expiration days of the Lease term termination date. Landlord may retain from said Security Deposit (i) any and after all amounts incurred by Landlord to cover the costs to be incurred by Landlord to remove any items required to be removed by Tenant has vacated the Premises. In the event of termination of Landlord's interest under Section 29(b) below and to repair any damage caused by such removal (in this Lease, which case any excess amount so retained by Landlord shall transfer said Deposit be returned to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of within thirty (30) days after such Deposit removal and repair), and (ii) any and all amounts permitted by law or the accounting thereforthis Article 4.

Security Deposit. Concurrently with Tenant's execution of Subject to the provisions herein, as long as ALZA or an ALZA Affiliate is the Tenant under this Lease, Tenant shall not be required to deposit with Landlord a security deposit ("Security Deposit") under this Lease; however, Landlord shall require a Security Deposit in an amount equal to two times the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said last month's Basic Rent in this Lease in the event this Lease is assigned to an Unaffiliated Assignee and ALZA is released from liability for said Lease, in which case, said sum shall be held by Landlord as a Security Deposit 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 term hereofLease Term. If Tenant defaults with respect to any provision of this LeaseLease and such default is not cured within any applicable cure period, including, but not limited to, the provisions relating to the payment of rent and Rent or any of the other monetary sums due herewithhereunder, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of such amount in default, or any other amount which Landlord may spend by reason of Tenant's 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 said the Security Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to the last party recognized by Landlord as Tenant hereunder (or at Landlord's option, to the last assignee of Tenant's interest hereunder) at the expiration of the Lease term Term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said the Security Deposit to Landlord's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor. Notwithstanding the above, Tenant shall have the right, at Tenant's sole election, to substitute for one-half of the cash Security Deposit to be held by Landlord, an irrevocable letter of credit, drawn upon an institutional lender reasonably acceptable and accessible to Landlord in form and content reasonably satisfactory to Landlord and for a term equal to at least one year (with the letter of credit required to be renewed or replaced by Tenant so as to be available to be drawn on at any time during the Lease Term plus a period of sixty (60) days). Said financial institution must agree that the presentment for demand may be made in at least one of the following locations: San Jose, Santa Clara, San Francisco or Palo Alto, Californix. Xuch irrexxxxxle letter of credit shall be renewed by the issuer (or replaced with a similarly qualifying letter of credit reasonably acceptable to Landlord) at least twenty (20) days prior to the expiration date thereof from time to time during the Lease Term, and shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant. If, for any reason, Tenant fails to cause the irrevocable letter of credit to be so renewed or replaced at least twenty (20) days prior to its expiration date, Landlord shall have the right to immediately draw upon the letter of credit in full and hold the proceeds thereof as a cash Security Deposit hereunder. If Tenant has theretofore funded the Security Deposit entirely in cash, one half of the cash Security Deposit held by Landlord shall be refunded to Tenant upon Landlord's receipt of an acceptable irrevocable letter of credit. If Tenant defaults with respect to any provisions of this Lease and such default is not cured within any applicable cure period, including but not limited to provisions relating to the payment of Rent, Landlord may (but shall not be required to) draw down on the irrevocable letter of credit for payment of any sum 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. Landlord and Tenant acknowledge that such irrevocable letter of credit will be treated as if it were a cash Security Deposit, and such irrevocable letter of credit may be drawn down upon by Landlord in the amount then due to Landlord upon demand and presentation of evidence of the identity of Landlord to the issuing bank, in the event that Tenant defaults with respect to any provision of this Lease and such default is not cured within any applicable cure period. Landlord acknowledges that it is not entitled to and shall not draw down such irrevocable letter of credit unless Landlord would have been entitled to draw upon a cash Security Deposit pursuant to the terms of this Paragraph 4G. Concurrently with the delivery of the required information to the issuing bank, Landlord shall deliver to Tenant written evidence of the default upon which the draw down was based, together with evidence that Landlord has provided to Tenant the written notice of such default which was required under the applicable provision of the Lease, and evidence of the failure of Tenant to cure such default within the applicable grace period following receipt of such notice of default. If any portion of the irrevocable letter of credit is used or applied pursuant hereto, Tenant shall, within ten (10) days after receipt of a written demand therefor from Landlord, restore and replace the value of such security by either (i) depositing cash with Landlord in the amount equal to the sum drawn down under the irrevocable letter of credit, or (ii) increasing the irrevocable letter of credit to its value immediately prior to such application. Tenant's failure to replace the value of the security as provided in the preceding sentence shall be a material breach of its obligation under this Lease. The letter of credit shall further provide to the effect: (i) that it shall automatically renew for additional periods of one (1) year each from the expiry date or future expiry date, unless at least twenty (20) days prior to any expiry date the issuer notifies Landlord by registered mail of the issuer's election not to renew the letter of credit and (ii) if the issuer is unable or unwilling to so renew the letter of credit, the issuer shall deem such to automatically constitute a draw request from Landlord upon the letter of credit without further demand, and with the issuer on or before the expiration of such letter of credit to deposit for Landlord's account an amount equal to the amount remaining committed but undrawn under the letter of credit (unless issuer has sought and obtained from Landlord prior thereto a written acknowledgment by Landlord of the termination of the requirement of this Lease for such letter of credit to be so renewed, in which event issuer shall not be required to make such a deposit for Landlord's account).

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 Four Hundred Ninety Three Thousand Five Hundred Sixteen and 80/100 ($ 401,587.20 $493,516.80) Dollars. Said sum shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, . Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or at Landlord's option, to the last assignee assignees of Tenant's interest hereunder) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor. See Paragraph 57.

Security Deposit. Concurrently Concurrent with Tenant's execution of this Lease, Tenant shall deposit with Landlord a security deposit (the sum "Security Deposit") in the amount set forth in Section 10 of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollarsthe Summary. Said sum The Security Deposit shall be held by Landlord as a Security Deposit 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 term hereofLease Term. If Tenant defaults with respect to any provision provisions of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewithRent, Landlord may (may, but shall not be required to) , use, apply or retain all or any part of this the Security Deposit for the payment of any Rent or any other sum in default, or for the payment of any amount which that Landlord may spend or become obligated to spend by reason of Tenant's default default, or to compensate Landlord for any other loss or damage which that Landlord may suffer by reason of Tenant's default. If any portion of said the Security Deposit is so used or applied, Tenant shall, within ten five (105) days after written demand therefor, deposit cash with Landlord in the 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 default under this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and If Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs perform every provision of this Lease to be performed by it, the Security Deposit Deposit, or any balance thereof thereof, shall be returned to Tenant (or Tenant, or, at Landlord's option, to the last assignee of Tenant's interest hereunder) at , as soon as practicable following the expiration of the Lease term and after Term. Landlord shall not be required to keep the Security Deposit separate from other funds, and, unless otherwise required by law, Tenant has vacated shall not be entitled to any interest on the PremisesSecurity Deposit. In no event or circumstance shall Tenant have the event right to any use of termination of Landlord's interest in this Leasethe Security Deposit and, Landlord shall transfer said specifically, Tenant may not use the Security Deposit as a credit or to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit otherwise offset any payments required hereunder, including, but not limited to, Rent or the accounting thereforany portion thereof.

Security Deposit. Concurrently Contemporaneously with Tenant's the execution of this Lease, Tenant shall deposit with pay to Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum Security Deposit, which shall be held by Landlord as a to secure Tenant's performance of its obligations under this Lease. The Security Deposit for the faithful performance by Tenant is not an advance payment of Rent or a measure or limit of Landlord's damages upon an Event of Default (defined in Section 17). Landlord may, from time to time following an Event of Default and without prejudice to any other remedy, use all or a part of the terms, covenants, and conditions of this Lease Security Deposit to be kept and performed by perform any obligation Tenant during the term hereof. If Tenant defaults fails to perform hereunder with respect to such Event of Default. Following any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any such application of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or appliedDeposit, Tenant shall, within ten (10) days after written shall pay to Landlord on demand therefor, deposit cash with Landlord in the amount sufficient so applied in order to restore the Security Deposit to its original amount. After applying all sums necessary to cure any Event of Default, Landlord shall, within 30 days after the Term ends, return to Tenant the portion of the Security Deposit which was not properly applied to satisfy Tenant's failure obligations. The Security Deposit may be commingled with other funds, and no interest shall be paid thereon. If Landlord transfers its interest in the Premises and the transferee assumes Landlord's obligations under this Lease, then Landlord shall assign the Security Deposit to do so the transferee and the transferor Landlord thereafter shall have no further liability for the return of the Security Deposit, but the transferee Landlord, by accepting any such transfer, shall be deemed to have assumed all obligations of Landlord with respect to the Security Deposit. In lieu of a cash Security Deposit, simultaneously with the execution and delivery of this Lease, or from time to time during the Term, Tenant may deliver to Landlord an irrevocable and unconditional standby letter of credit made payable to Landlord, its successors and assigns, in the sum of $464,000.00 (the "LETTER OF CREDIT"), in the form of the sample letter of credit attached hereto as EXHIBIT H or in such other form as is reasonably acceptable to Landlord, which shall secure the performance by Tenant of all obligations on the part of Tenant hereunder. The issuer of the Letter of Credit shall be a material breach banking institution with at least a rating of A and otherwise reasonably acceptable to Landlord. Although Landlord shall only have the right to draw under the Letter of Credit as set forth herein, under the terms of the Letter of Credit, the sole condition to Landlord's draw upon the Letter of Credit shall be presentment to the issuer thereof, prior to or on the expiration date, of a demand for payment, together with a statement or certification that an Event of Default has occurred under this Lease or that Landlord has received a notice of the failure to extend or renew the Letter of Credit. The Letter of Credit shall be self-renewing from year to year during the Term of this LeaseLease so as to expire no earlier than thirty (30) days following the Lease expiration date and shall contain such other customary terms as Landlord requires in its reasonable discretion. It is agreed: (i) that the Letter of Credit may be drawn upon to cure any Event of Default that may exist, without prejudice to any other remedy or remedies which Landlord may have on account thereof, and upon Landlord's demand, Tenant shall reimburse the issuer for the amount so drawn so that the Letter of Credit will be restored to its original amount; (ii) subject to the provisions of clause (iv) below, that the Letter of Credit may be drawn upon if the Letter of Credit has not been extended or renewed without amendment at least forty-five (45) days prior to any then-current expiration date thereof; (iii) that if the rating of the issuer of the Letter of Credit at any time drops below A, then, within sixty (60) days of Landlord's written demand, Tenant shall replace the Letter of Credit with another Letter of Credit in a form reasonably acceptable to Landlord and with an issuer with a rating of at least an A and otherwise reasonably acceptable to Landlord; upon receipt of such substitute Letter of Credit, Landlord shall promptly return the previous Letter of Credit to Tenant; and Landlord may draw on the existing Letter of Credit if, after Landlord requests that Tenant replace the Letter of Credit as aforesaid, Landlord is not provided with a substitute Letter of Credit in a form, and from an issuer, satisfactory to Landlord as provided above upon the earlier of (X) the expiration of said sixty-day period or (Y) at least forty-five (45) days prior to the then-current expiration date of the Letter of Credit; (iv) at any time, but in any event, at least sixty (60) days prior to the expiration of the Letter of Credit, Tenant may seek Landlord's consent to switch issuers of the Letter of Credit provided the prospective issuer has a rating of at least an A and is otherwise reasonably acceptable to Landlord and the new form of Letter of Credit satisfies the requirements of Landlord hereunder and is otherwise reasonably acceptable to Landlord; and upon receipt of such substitute Letter of Credit, Landlord shall promptly return the previous Letter of Credit to Tenant; (v) that should the Premises be required conveyed by Landlord, the, Letter of Credit or any portion thereof shall be assigned and delivered to keep this Security Deposit separate Landlord's grantee, and if the same be assigned and delivered as aforesaid, Tenant hereby releases Landlord from any and all liability with respect to the Letter of Credit and its general fundsapplication or return, and Tenant agrees to look to such grantee for such application or return; provided, however, that, by accepting any such conveyance, such grantee shall not be entitled deemed to interest on such Deposit. If Tenant fully and faithfully performs every provision of have assumed Landlord's obligations under this Lease to be performed by it, (including this Section 6); and (vi) that the Security Deposit or any balance thereof Letter of Credit shall be returned to Tenant upon the later of (a) thirty (30) days after the expiration of the Term or at Landlord's optionany renewal or extension thereof, or (b) the date Tenant has vacated the Premises and surrendered possession thereof to the last assignee of Tenant's interest hereunder) Landlord at the expiration of the Lease term Term or any extension thereof as provided herein and after has paid Landlord all sums due and owing under this Lease. If Tenant has vacated initially provides Landlord with a cash Security Deposit, Tenant may replace such cash Security Deposit with a Letter of Credit in accordance with the Premisesprovisions of the preceding paragraph. In the event of termination of Upon Landlord's interest in this Leasereceipt of a Letter of Credit satisfying the terms and conditions of the preceding paragraph, Landlord shall transfer said promptly return the cash Security Deposit to Tenant. If Tenant initially delivers a Letter of Credit to Landlord's successors in interest whereupon , Tenant agrees to release Landlord from liability for may replace the return Letter of Credit with a cash Security Deposit under the terms of this Section 6. Upon receipt of such cash Security Deposit, Landlord shall promptly return the Letter of Credit to Tenant. For the purposes of this Section 6, a rating of at least A (or its equivalent) shall mean that such issuer has a rating of at least A (or its equivalent) from two (2) of the following four (4) rating agencies: Fitch Investors Service, Moodx'x Xxxestor Service, Standard & Poor's Corporation and Duff & Phelxx. Notwithstanding any other provisions of this Section 6, the Security Deposit (or the accounting thereforapplicable Letter of Credit) shall be reduced further by $50,000.00 on each anniversary of the Commencement Date commencing on the second anniversary of the Commencement Date (individually, a "REDUCTION DATE" and collectively the "REDUCTION DATES"), provided Tenant or a Permitted Transferee (as hereinafter defined) has a Tangible Net Worth (as hereinafter defined) of at least $20,000,000.00 on such anniversary date and on the preceding anniversary of the Commencement Date, and further provided that on the applicable Reduction Date (i) the Lease is in full force and effect, (ii) no Event of Default exists, (iii) no Event of Default has occurred more than twice during the Term, and (iv) Tenant has not assigned this Lease to anyone other than a Permitted Transferee. If on any of the Reduction Dates the Security Deposit (or the applicable Letter of Credit) shall not be reduced because one or more of the conditions set forth in clauses (i), (ii) or (iii) above cease to exist on the applicable Reduction Date, the Security Deposit (or applicable Letter of Credit) shall not be reduced during any succeeding calendar year. If on any of the Reduction Dates the Security Deposit (or applicable Letter of Credit) shall not be reduced because Tenant or Permitted Transferee, as applicable, does not have a Tangible Net Worth of $20,000,000.00 on such anniversary date and on the preceding anniversary of the Commencement Date or only the condition set forth in clause (iv) above (as opposed to the conditions set forth in any of clauses (i), (ii) or (iii) above) ceases to exist on the applicable Reduction Date, the Security Deposit (or applicable Letter of Credit) shall be so reduced on the next Reduction Date, provided the conditions set forth in clauses (i), (ii), (iii) and (iv) above exist on that Reduction Date, and provided further that Tenant or Permitted Transferee, as applicable, has a Tangible Net Worth of $20,000,000.00 on that Reduction Date and on the preceding anniversary of the Commencement Date, and provided further that the Security Deposit (or applicable Letter of Credit) shall be reduced only by the amount which the Security Deposit (or applicable Letter of Credit) would have been reduced in the preceding Reduction Date year if all of the conditions set forth in clauses (i), (ii), (iii) and (iv) above existed. If the Security Deposit (or applicable Letter of Credit) is reduced pursuant to the foregoing provisions, Landlord shall return the amount of each such applicable reduction if Tenant paid the Security Deposit in cash or Tenant may replace and/or amend the Letter of Credit accordingly.

Security Deposit. Concurrently with Tenant's execution Landlord acknowledges receipt from the Tenant of this Lease, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 Twelve Thousand, Six Hundred & No/100 Dollars ($ 401,587.20 12,600.00 ) Dollars. Said sum shall to be held retained by Landlord without responsibility for payment of interest thereon, as a Security Deposit security for the faithful performance by Tenant of all of the terms, covenants, terms and conditions of this Lease Agreement to be kept and performed by Tenant during Tenant, including payment of all rent due under the term terms hereof. If Deductions may be made by Landlord from the amount so retained for the reasonable cost of repairs to the Leased Premises (ordinary wear and tear, acts of God, casualties, condemnation, Hazardous Materials (other than those stored, used or disposed of by Tenant defaults in or about the Leased Premises in violation of Hazardous Materials Laws) and Alterations with respect to which Landlord has not reserved the right to require removal excepted), for any provision rent delinquent under the terms hereof and/or for any sum used in any manner to cure any default of Tenant under the terms of this Lease, including, but not limited to. In the event deductions are so made, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand thereforreceipt of notice from the Landlord, redeposit with the Landlord such amounts so expended so as to maintain the deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's as herein provided for, and failure to do so redeposit shall be deemed a material breach failure to pay rent under the terms hereof. Nothing herein contained shall limit the liability of this Lease. Landlord shall not be required Tenant as to keep this Security Deposit separate from its general fundsany damage to the Leased Premises, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision responsible for the total amount of this Lease to be performed any damage and/or loss occasioned by it, the Security Deposit or any balance thereof shall be returned to Tenant (or at Landlord's option, to the last assignee actions of Tenant's interest hereunder) at . Landlord may deliver the expiration of the Lease term and after funds deposited hereunder by Tenant has vacated the Premises. In the event of termination to any purchaser of Landlord's interest in this Leasethe Leased Premises in the event such interest shall be sold, and thereupon Landlord shall transfer said Deposit be discharged from any further liability with respect to Landlord's successors in interest whereupon Tenant agrees to release such deposit. Landlord from liability for shall return the return of such Security Deposit or balance thereof to Tenant within thirty (30) days after Tenant vacates the accounting thereforLeased Premises.

Security Deposit. Concurrently with Tenant's Xxxxxx has, upon execution of this Lease, Tenant shall deposit deposited with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord as a Security Deposit in the amount of Two Thousand Dollars and 00/100 ($2,000.00) as security for the full and faithful performance by Tenant of all of the terms, covenants, and conditions every provision of this Lease to be kept and performed by Tenant during the term hereofXxxxxx. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions including without limitation any provision relating to the payment of rent and any of the monetary sums due herewithrent, Landlord may (but shall not be required to) use, apply or retain all or any part of this the Security Deposit for the payment of rent or any other amount which Landlord may spend by reason of Tenant's default sum in default, or to compensate Landlord for any other loss loss, cost or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion of said the Security Deposit is so used or applied, Tenant shall, within ten (10) days after written demand thereforupon demand, deposit cash with Landlord in the an amount sufficient to restore the Security Deposit to its original amount. , and Tenant's ’s failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this the Security Deposit separate from its general funds, funds and Tenant shall not be entitled to interest earned on such the Security Deposit. If Tenant shall fully and faithfully performs perform every provision of this Lease to be performed by itXxxxxx, the Security Deposit or any balance thereof shall be returned to Tenant (or or, at Landlord's ’s option, to the last assignee transferee of Tenant's ’s interest hereunder) at within the time required by law after the expiration of the Lease term Term and after the Tenant’s delivery of the Leased Premises to Landlord; provided, however, that Landlord may retain the Security Deposit until such time as any amount due from Tenant has vacated been determined and paid in full, including any portion thereof that may have been utilized by Landlord to cure any default, or applied to any damage suffered by Landlord. Tenant shall not assign or encumber its contingent rights in the PremisesSecurity Deposit separate from this Lease, and neither Landlord nor its successors or assigns shall be bound by any such assignment or encumbrance. In the event of termination any sale or transfer of the Shopping Center by Landlord's interest , by foreclosure, deed in this Leaselieu thereof or otherwise, Landlord Tenant shall transfer said Deposit look only to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability the new landlord for the return of the Security Deposit if such Security Deposit or the accounting thereforis actually transferred to said new landlord.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit has deposited with Landlord the sum of THIRTY-SEVEN THOUSAND ONE HUNDRED SIXTY-FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 NO/HUNDREDTHS DOLLARS ($ 401,587.20 ) Dollars. Said $317,164.00), which sum and shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, to the provisions relating to the payment of rent and any of the monetary sums due herewithrent, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit security deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default 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 said Deposit deposit is so used or applied, Tenant shall, shall within ten seven (107) business days after written demand therefor, deposit cash with Landlord in the an amount sufficient to restore the Security Deposit security deposit to its original amount. amount and Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit security deposit separate from its general funds, and Tenant shall not be entitled to interest on such Depositdeposit. If Tenant shall fully and faithfully performs perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or or, at Landlord's option, to the last assignee of Tenant's interest hereunder) at the expiration of the Lease term and after Tenant has vacated the Premisesterm. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit deposit to Landlord's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforinterest.

Security Deposit. Concurrently Lessee shall provide Lessor with Tenant's execution of this Lease, Tenant shall deposit a Security Deposit in accordance with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollarsterms set forth in Exhibit A hereto. Said sum The Security Deposit shall be held by Landlord Lessor as a Security Deposit security for the timely and faithful performance by Tenant Lessee of all of Lessee’s obligations under the terms, covenantsLessee’s Documents, and conditions Lessee hereby grants Lessor a continuing security interest therein and in all other sums deposited under this Section 6.4, and in all proceeds thereof. Lessee agrees to execute and file with the appropriate governmental authorities any and all documents necessary or reasonably requested by Lessor to evidence and perfect such security interest in favor of this Lease Lessor. Lessor may commingle the Security Deposit with its general funds. No interest will accrue or be paid at any time to be kept Lessee in respect of the Security Deposit, and performed by Tenant Lessor will have complete unrestricted use of such Security Deposit during the term hereofLease Period, including earning interest thereon for Lessor’s account. If Tenant defaults Lessee fails to comply with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of its obligations under this Agreement or is otherwise in default hereunder and, in either case, any applicable grace periods referred to in Section 15.1 have expired, Lessor may use, apply, enforce or call all or any portion of the monetary Security Deposit in or towards satisfaction of any sums due herewithto Lessor by Lessee or to compensate Lessor for any sums that it may in its discretion advance or expend as a result of any such failure or default by Lessee. If Lessor so uses, Landlord may (but applies, enforces or calls all or any portion of the Security Deposit, such use, application, enforcement or call shall not be required to) use, apply deemed a cure or retain all or any part of this Security Deposit for the payment waiver of any other amount which Landlord may spend by reason of Tenant's default such failure or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said Deposit is so used or applied, Tenant shalland Lessee shall immediately, within ten (10) days after upon written demand therefor, deposit provide to Lessor additional cash with Landlord in the an amount sufficient to restore the Security Deposit to its original amount. Tenant's failure Any such restoration payment made pursuant to do so the preceding sentence shall be a material breach considered part of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, the Security Deposit for all purposes of this Agreement. On or any balance thereof after the Expiry Date, and within ten (10) days after such time as Lessee has complied with all of its obligations under Lessee’s Documents, and provided that no Event of Default shall have occurred and be returned continuing, Lessor shall return the Security Deposit to Tenant (or at Landlord's option, Lessee to the last assignee of Tenant's interest hereunder) at the expiration of the Lease term and after Tenant extent it has vacated the Premises. In the event of termination of Landlord's interest in not been used to satisfy Lessee’s obligations under this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforAgreement.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord upon execution of this Lease the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum $36,408.00 as a security deposit which shall be held by Landlord Landlord, without liability to Tenant for any interest thereon, as a Security Deposit security for the full and faithful performance by Tenant of all of the termseach and every term, covenants, covenant and conditions condition of this Lease to be kept and performed by Tenant during the term hereofof Tenant. If Tenant defaults with respect is not in default under any of the terms of this Lease at the end of twelve (12) full calendar months, Landlord shall refund the amount of $6,068.00 from the security deposit to Tenant. If Tenant is not in default under the terms of this Lease at the end of twenty-four (24) full calendar months, Landlord shall refund the amount of $6,068.00 from the security deposit to Tenant. If any provision of the rents or other charges or sums payable by Tenant to Landlord shall be overdue and unpaid or should Landlord make payments on behalf of Tenant, or should Tenant fail to perform any of the terms of this Lease, includingthen Landlord may, but not limited toat its option, appropriate and apply the provisions relating security deposit, or so much thereof as may be necessary to compensate Landlord toward the payment of rent and any of the monetary rents, charges or other sums due herewithfrom Tenant, or towards any loss, damage or expense sustained by Landlord may (but shall not be required to) use, apply or retain all or any resulting from such default on the part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, ; and in such event Tenant shall, within ten (10) days after written shall upon demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or at Landlord's option, security deposit to the last assignee of Tenant's interest hereunder) at the expiration of the Lease term and after Tenant has vacated the Premisesoriginal sum deposited. In the event Tenant performs all of Tenant’s other obligations under this Lease including return the Leased Premises to Landlord in the same condition as Landlord initially delivered possession, ordinary wear and tear excepted, the security deposit shall be returned in full to Tenant within thirty (30) days after the date of the expiration and surrender of the Leased Premises or sooner termination of Landlord's interest the term of this Lease and the surrender of the Premises by Tenant in compliance with the provisions of this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently with Tenant's execution Tenant shall, on the effective date of this Lease, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 One Hundred Thousand Dollars ($ 401,587.20 ) Dollars$100,000.00). Said sum deposit may be commingled with Landlord’s general funds and shall be held by Landlord Landlord, without liability for interest, as a Security Deposit security for the faithful performance by Tenant of all of the terms, covenantsconditions, and conditions covenants of this Lease to be kept and performed Lease. If any amount of Rent payable by Tenant during to Landlord shall be overdue and unpaid or should Landlord make payments on behalf of Tenant, or Tenant shall fail to perform any of the term hereof. If Tenant defaults with respect to any provision terms of this Lease, includingthen if any such failure or defaults remain uncured after applicable notice and cure periods, but not limited toLandlord may, at its option and without prejudice to any other right or remedy which Landlord may have on account thereof, appropriate the provisions relating entire amount of said deposit and apply said entire amount or so much thereof as may be necessary to compensate Landlord toward the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply Rent or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's default or to compensate Landlord for any other loss or damage which sustained by Landlord may suffer by reason due to such breach or default on the part of Tenant's default. If any portion After application of all or part of said Deposit is so used or applieddeposit as above provided, Tenant shall, within ten shall forthwith upon demand restore said deposit to the sum of One Hundred Thousand Dollars (10) days after written demand therefor, deposit cash $100,000.00). Should Tenant comply with Landlord in all of the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach terms of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, the Security Deposit or any balance thereof said deposit shall be returned to Tenant (or at Landlord's option, to the last assignee of Tenant's interest hereunder) at the expiration end of the Lease term and after Tenant has vacated the PremisesTerm. In the event of termination bankruptcy or other debtor-creditor proceedings against Tenant, such amounts from the deposit may be appropriated and shall be deemed to be applied first to the payment of Landlord's interest in this Lease, all Rent due to Landlord for all periods prior to filing of such bankruptcy or other debtor-creditor proceeding. Such appropriation or use of the Security Deposit by Landlord shall transfer said Deposit not constitute an election of remedies or waiver of any remedy to which Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor’s is legally entitled.

Security Deposit. Concurrently with Tenant's ’s execution of this Lease, Tenant shall deposit with Landlord Landlord, or secure at its option by a Letter of Credit (defined below, the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 One Hundred Twenty Thousand and 00/100 ($ 401,587.20 $120,000.00) Dollars. If the deposit begins as a cash deposit, Tenant may subsequently change it to a Letter of Credit. If Tenant elects to use a Letter of Credit, then Landlord shall return any cash deposit to Tenant within five (5) business days of the delivery of the Letter of Credit to Landlord. Said sum or Letter of Credit shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision provisions of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required toto ) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's ’s default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion of said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's ’s failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or at Landlord's ’s option, to the last assignee of Tenant's ’s interest hereunder) at within thirty (30) days of the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's ’s interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors ’s successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor. If Tenant chooses to use a letter of credit, then Tenant shall provide to Landlord an unconditional, clean, irrevocable Letter of Credit (“Letter of Credit”) in the amount specified above in favor of Landlord and issued by a bank (which accepts deposits, maintains accounts and will negotiate a letter of credit, and whose deposits are insured by the FDIC) located in the Bay Area and reasonably acceptable to Landlord (“Issuer”). The Letter of Credit shall (1) be fully transferable by Landlord without payment of transfer fees, (2) permit multiple drawings, and (3) provide that draws, including partial draws, at Landlord’s election, will be honored upon the delivery to the Issuer a certificate signed by Landlord, or its authorized agent, that Landlord is entitled to make the requested draw pursuant to the terms of the Lease. The Letter of Credit is to be issued pursuant to ISP98 rather than UCP 500. If Tenant fails to pay Basic Rent or any other sums as and when due hereunder, or otherwise defaults with respect to any provision of this Lease, Landlord may (but shall not be obligated to) use, apply or retain all or any portion of the Letter of Credit for payment of any sum for which Tenant is obligated or which will compensate Landlord for any loss or damage which Landlord may suffer thereby. Any draw or partial draw of the Letter of Credit shall not constitute a waiver by Landlord of its right to enforce its other remedies hereunder, at law or in equity. If any portion of the Letter of Credit is drawn upon, Tenant shall, within ten (10) days after delivery of written demand from Landlord, restore said Letter of Credit to its original amount. The Letter of Credit shall be in effect for the entire Term plus thirty (30) days beyond the expiration of the Term. The parties agree that the provisions of Civil Code Sections 1950.7 and 1951.7 do not apply to the Letter of Credit or any proceeds from the Letter of Credit.

Security Deposit. Concurrently with Tenant's ’s execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THIRTY-NINE THOUSAND FIVE TWO HUNDRED EIGHTY SEVEN NINETY-NINE AND 20/100 NO/100 Dollars ($ 401,587.20 ) Dollars$439,299.00). Said sum shall be held by Landlord as a Security Deposit 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 term Term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent Rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's ’s default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion of said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's ’s failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled titled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or at Landlord's ’s option, to the last assignee of Tenant's tenant’s interest hereunder) at the expiration of the Lease term Term and after Tenant has vacated the Premises; provided, however, that Landlord may withhold therefrom the amount necessary to cover the cost of restoration of the Premises if Tenant fails to do so as required under Lease Paragraph 8 and to cure any then uncured default by Tenant under this Lease. In the event of termination of Landlord's ’s interest in this Leaseease, Landlord shall transfer said Deposit to Landlord's successors ’s successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor. Tenant hereby waives the protection of Section 1950.7 of the California Civil Code.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 Fifty Three Thousand Six Hundred Fifty and 00/100 ($ 401,587.20 $53,650.00) Dollars. Said sum shall be held by Landlord as a Security Deposit 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 term hereof. hereof If Tenant defaults with respect to any provision provisions of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required toto ) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR ONE HUNDRED ONE THOUSAND FIVE TWO HUNDRED EIGHTY SEVEN FIFTY AND 20/100 NO/100 ($ 401,587.20 $101,250.00) Dollars. Said sum shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest Interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently with Tenant's execution Section 23.01: Pursuant to Section 3.01 hereof, Lessee shall deposit the sum of Seven Thousand and 00/xx Dollars ($7,000.00) which Lessor agrees to retain as security for the faithful performance of all of the covenants, conditions, and agreements of this Lease, Tenant but in no event shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall Lessor be held by Landlord as a Security Deposit obliged to apply the same upon rents or other charges in arrears, or upon damages for the faithful performance by Tenant of all Lessee's failure to perform the said covenants, conditions, and agreements; the Lessor may so apply the security at its option; and the Lessor's right to the possession of the termspremises for nonpayment of rent or for any other reason shall not in any event be affected by reason of the fact that the Lessor holds this security. The said sum, if not applied toward the payment of rent or other charges in arrears, or toward the payment of damages suffered by Lessor by reason of the Lessee's breach of the covenants, conditions, and conditions of this Lease to be kept and performed by Tenant during the term hereof. If Tenant defaults with respect to any provision agreements of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or at Landlord's optionthe Lessee when this Lease is terminated, according to these terms, and in no event is the last assignee of Tenant's interest hereunder) at said security to be returned until the expiration of the Lease term and after Tenant Lessee has vacated the Premisespremises, delivered possession to the Lessor, and Lessor has inspected said premises. In the event that the Lessor repossesses itself of termination the said premises because of Landlordthe Lessee's interest in this default or because of the Lessee's failure to carry out the covenants, conditions, and agreements of the Lease, Landlord the Lessor may apply the said security upon all damages suffered to the date of said repossession and may retain the said security to apply upon such damages as may be suffered or shall transfer accrue thereafter by reason of the Lessee's default or breach. The Lessor shall not be obliged to keep the said Deposit to Landlord's successors in security as a separate fund, but may mix the said security with its own funds and there shall be paid no interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforon said security deposit.

Security Deposit. Concurrently with Tenant's execution On or before the signing of this Lease, the Lease Tenant shall deliver to Landlord an initial security deposit with Landlord in the sum amount of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 Three Thousand Seven Hundred Thirty Eight 42/100 Dollars ($ 401,587.20 $3,738.42) Dollars. Said sum shall be held by Landlord as a Security Deposit security for the Tenant’s faithful performance by Tenant of all of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the term hereofTenant’s obligations hereunder. If Tenant fails to pay rent or other charges due hereunder, or otherwise defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part portion of this Security Deposit the deposit for the payment of rent or other charge in default or for the payment of any other amount sum to which Landlord may spend become obligated by reason of Tenant's default ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultsuffered thereby. If Landlord so uses or applies all or any portion of said Deposit is so used or applieddeposit, Tenant shall, shall within ten (10) days after written demand therefor, therefor deposit cash with Landlord in the an amount sufficient to restore the Security Deposit deposit to its original amount. the full amount above and Tenant's ’s failure to do so shall be a material breach of this Lease. Within thirty (30) days after the expiration of the term of this Lease and Tenant’s return of the Leased Premises in good order, or any renewals thereof, Landlord shall pay over the remaining balance of the deposit to Tenant, minus any amounts due to Landlord as a result of Tenant’s failure to perform or observe any conditions or covenants of this Lease. Landlord shall not be obligated to pay any interest on the security deposit, nor shall Landlord be required to keep this Security Deposit separate segregate such security deposit from its general other funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently with Tenant's ’s execution of this Lease, Tenant shall deposit with Landlord the cash sum of FOUR ONE HUNDRED ONE THIRTY-SEVEN THOUSAND FIVE EIGHT HUNDRED EIGHTY SEVEN AND 20/100 72/100 U.S. Dollars ($ 401,587.20 ) Dollars$137,807.72). Said sum shall be held by Landlord as a Security Deposit 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 term Term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent Rent and any of the monetary sums due herewithhereunder, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's ’s default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion of said Security Deposit is so used or applied, Tenant shall, within ten five (105) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's ’s failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Security Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, the The Security Deposit or any balance thereof shall be returned to Tenant (or at Landlord's ’s option, to the last assignee of Tenant's ’s interest hereunder) at following the expiration or earlier termination of the Lease term Term and after Tenant has vacated the Premises; provided, however, that Landlord may withhold therefrom the amount necessary to cover the cost of restoration of the Premises if Tenant fails to do so as required under Paragraph 5 and to cure any then uncured default by Tenant or other amounts owed by Tenant under this Lease. In the event of termination of Landlord's ’s interest in this Lease, Landlord shall transfer said Security Deposit to Landlord's successors ’s successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Security Deposit or the accounting therefor. Tenant hereby waives the protection of Section 1950.7 of the California Civil Code.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR or TWENTY SEVEN THOUSAND NINE HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN ---------------------------------- EIGHTEEN AND 20/100 NO/100 ($ 401,587.20 $27,918.00) Dollars. Said sum shall be held by Landlord as ------------------- --------- a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision provisions of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully full and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the this Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit deposit or the accounting therefor.

Security Deposit. Concurrently with Tenant's As partial consideration for the execution of this Lease, the Tenant shall deposit with has this day paid the Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord as a Security Deposit for $2,550.20, the faithful performance by Tenant receipt of all of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the term hereofwhich is hereby acknowledged. If Tenant defaults with respect to any provision of this LeaseLease beyond applicable notice and cure periods, including, but not limited to, to the provisions relating to the payment of rent and any of the monetary sums due herewithrent, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit said deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion of said Deposit deposit is so used or applied, Tenant shall, shall within ten five (105) days after written demand therefortherefore, deposit cash with Landlord in the an amount sufficient to restore the Security Deposit said deposit to its original amount. amount and Tenant's ’s failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit said deposit separate from its general funds, and Tenant shall not be entitled to interest on such Depositsaid deposit. Tenant agrees that Landlord is not a trustee of said deposit and may commingle it, use it in ordinary business, transfer or assign it, or use it in any combination of those ways. If Tenant fully is not in default beyond applicable notice and faithfully performs every provision cure periods, said deposit shall be credited on the payment of the last month’s minimum rental of the term of this Lease or to be performed any outstanding sum owed to Landlord by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently with Tenant's 33.1 Upon execution of this LeaseLease agreement, Tenant shall deposit has deposited with Landlord a Security Deposit in the sum amount of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 Four Thousand Five Hundred Sixty Two and 50/100 ($ 401,587.20 $4,562.50) Dollars, receipt of which is hereby acknowledged. Said sum deposit shall be held by Landlord without liability for interest as a Security Deposit security for the faithful performance by Tenant of all of the terms, covenants, terms and conditions of this Lease by said Tenant to be kept observed and performed performed. Landlord shall have no obligation to maintain such deposit in a segregated account and may use or commingle the same with other funds. 33.2 If any of the rents herein reserved or any other such sum payable by Tenant during to Landlord shall be overdue and unpaid or should Landlord make payments on behalf of the term hereof. If Tenant, or Tenant defaults with respect shall fail to perform any provision of the terms of this Lease, includingthen Landlord may, but not limited toat its option and with prejudice to any other remedy which Landlord may have on account thereof, the provisions relating appropriate and apply said entire Security Deposit or so much thereof as may be necessary to compensate Landlord toward the payment of rent and any or additional rent or loss of damage sustained by Landlord due to such breach on the part of the monetary sums due herewith, Landlord may (but Tenant and Tenant shall not be required to) use, apply or retain all or any part of this forthwith upon demand restore said Security Deposit for to the payment of any other amount which Landlord may spend by reason of Tenant's default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultoriginal sum deposited. If any portion Should Tenant comply with all of said terms and promptly pay all of the rentals as they fall due and all other sums payable by Tenant to Landlord, said Security Deposit is so used or applied, shall be returned in full to Tenant shall, within ten thirty (1030) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently Concurrent with Tenant's execution of this Lease, Tenant shall deposit with Landlord a security deposit (the sum "Security Deposit") in the amount set forth in SECTION 11 of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum the Summary, The Security Deposit shall be held by Landlord as a Security Deposit 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 term hereofLease Term. If Tenant defaults with respect to any provision provisions of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewithRent, Landlord may (may, but shall not be required to) , use, apply or retain all or any part of this the Security Deposit for the payment of any Rent or any other sum in default, or for the payment of any amount which that Landlord may spend or become obligated to spend by reason of Tenant's default default, or to compensate Landlord for any other loss or damage which that Landlord may suffer by reason of Tenant's default. default- If any portion of said the Security Deposit is so used or applied, Tenant shall, within ten five (105) days after written demand therefor, deposit cash with Landlord in the an amount sufficient to restore the Security Deposit deposit to its original amount. , and Tenant's failure to do so shall be a material breach of default under this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and If Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs perform every provision of this Lease to be performed by it, the Security Deposit Deposit, or any balance thereof thereof, shall be returned to Tenant (or Tenant, or, at Landlord's option, to the last assignee of Tenant's interest hereunder, within sixty (60) at days following the expiration of the Lease term and after Term. Tenant has vacated shall not be entitled to any interest on the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforSecurity Deposit.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum upon execution of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 this lease a security deposit of Six-Hundred Dollars ($ 401,587.20 .00) Dollars. Said sum shall be held by Landlord as a Security Deposit security for the Tenant’s faithful performance by Tenant of all of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the term hereofTenant’s obligations hereunder. If Tenant fails to pay rent or other charges due under this Lease agreement, or otherwise defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply apply, or retain all or any part portion of this Security Deposit said deposit for the payment of any rent or other charge in default or for the payment of any other amount sum to which Landlord may spend become obligated by reason of Tenant's default ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultthereby. If Landlord so uses or applies all or any portion of said Deposit is so used or applieddeposit, Tenant shall, shall within ten (10) days after written demand therefor, deposit cash with Landlord in the an amount sufficient to restore said deposit to the Security Deposit to its original amount. full amount hereinabove stated, and Tenant's failure to do so shall be a material breach of this Lease. Landlord is not required to use the security deposit to cure a breach or defect by Tenant under this Lease. Landlord shall not be required to keep this Security Deposit said deposit separate from its general funds, and Tenant shall not be entitled to interest on such Depositaccounts. If Tenant fully and faithfully performs every provision all of Tenant’s obligations under this Lease to be performed agreement, said deposit or so much thereof as has not until that point been applied by itLandlord, the Security Deposit or any balance thereof shall be returned returned, without payment of interest or other increment for its use, to Tenant (or or, at Landlord's ’s option, to the last assignee assignee, if any, of Tenant's ’s interest hereunderunder this Lease agreement) at within fifteen (15) days after the expiration of the Lease term and hereof, or after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforwhichever is later.

Security Deposit. Concurrently with The Landlord acknowledges receipt from the Tenant of the Security Deposit to be held, without interest, as security (without prejudice to the Landlord’s other rights and remedies) for the observance and performance of the Tenant's execution ’s obligations under this Lease. If the Tenant defaults in the performance of any of the terms, covenants, conditions and provisions of this LeaseLease as and when the same are due to be performed by the Tenant, Tenant shall deposit with Landlord then the sum Landlord, at its option, may appropriate and apply all or any part of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held the Security Deposit on account of any losses or damages sustained by the Landlord as a result of such default. Upon demand by the Landlord following any such appropriation, the Tenant shall pay to the Landlord an amount sufficient to restore the total original amount of the Security Deposit for Deposit. If the faithful performance by Tenant of complies with all of the terms, covenants, conditions and conditions of this Lease to be kept and performed by Tenant during the term hereof. If Tenant defaults with respect to any provision of provisions under this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to the Tenant (without interest within 90 days after the expiry or earlier termination of the Term, or, at the Landlord's option, to shall be applied by the Landlord on account of the last assignee month's Rent. Notwithstanding the foregoing, if the Tenant fails to execute and deliver this Lease within 5 days of Tenant's interest hereunder) at receipt from the expiration Landlord or fails to take possession of the Lease term and after Tenant has vacated Premises by the Premises. In Commencement Date, the event of termination of Landlord's interest in Landlord may, at its sole option, terminate this Lease, whereupon the Security Deposit shall be retained by the Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for as liquidated damages on account of the return of such Deposit or the accounting thereforTenant’s default and not as a penalty.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit has deposited with Landlord the sum of FOUR HUNDRED ONE SEVENTY FIVE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 NO/100 DOLLARS ($ 401,587.20 $75,000.00) Dollars. Said sum shall be held by Landlord as a Security Deposit security for the full and faithful performance by Tenant of all of the terms, covenants, and conditions ever portion of this Lease to be kept and performed by Tenant during the term hereofTenant. If Tenant defaults (beyond any applicable cure period) with respect to any provision of this Lease, including, including but not limited to, to the provisions relating to the payment of rent and any of the monetary other sums due herewithor the repair of damage to the Premises caused by Tenant, Landlord may (but shall not be required to) use, apply apply, or retain all or any part of this Security Deposit security deposit for the payment of any rent or any other sum in default, the repair of such damage to the Premises or the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason reasons of Tenant's defaultdefault to the full extent permitted by law. If any portion of said Deposit deposit is so used or applied, Tenant shall, shall within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit security deposit to its original amount. , and Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit security deposit separate from its general funds, and Tenant shall not be entitled to interest on such Depositdeposit. If Tenant shall fully and faithfully performs perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant within thirty (or at Landlord's option, to the last assignee 30) days of Tenant's interest hereunder) at the expiration termination of the Lease term and after except for amounts that Landlord has deducted therefrom that are needed by Landlord to cure defaults of Tenant has vacated the Premises. In the event of termination of Landlord's interest in under this Lease or compensate Landlord for damages for which Tenant is liable pursuant to this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR TWO HUNDRED ONE TWENTY EIGHT THOUSAND FIVE TWO HUNDRED EIGHTY SEVEN SEVENTEEN AND 20/100 50/100 ($ 401,587.20 $228,217.50) Dollars. Said sum shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ' s default. If any portion of said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently with Tenant's Upon execution of this LeaseSublease, Tenant Sublessee shall provide a security deposit with Landlord the sum consisting of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollarsan unconditional irrevocable letter of credit of $50,000 from First Union Bank in a form satisfactory to Sublessor as attached hereto. Said sum letter of credit shall be held by Landlord as a Security Deposit security for the faithful performance by Tenant Sublessee of all of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the term hereofSublease. If Tenant Sublessee defaults beyond the expiration of any applicable notice and grace period with respect to any provision of this LeaseSublease, including, but not limited to, to the provisions relating to the payment of rent and any of the monetary sums due herewithrent, Landlord Sublessor may (but shall not be required to) use, apply or retain all or any part of this Security Deposit security deposit for the payment of rent, or any other sum in default, or for the payment of any other amount which Landlord Sublessor may spend or become obligated to spend by reason of TenantSublessee's default default, or to compensate Landlord Sublessor for any other loss or damage which Landlord Sublessor may suffer by reason of TenantSublessee's default. If any portion of said Deposit the deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord Sublessee must restore the letter of credit in the an amount sufficient to restore the Security Deposit security deposit to its original amountamount within five (5) business days after Sublessor's written demand. TenantSublessee's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such DepositSublease. If Tenant Sublessee shall fully and faithfully performs perform every provision of this Lease to be performed by itSublease, the Security Deposit security deposit or any remaining balance thereof shall be returned promptly released to Tenant Sublessee (or or, at LandlordSublessor's option, to the last assignee of TenantSublessee's interest hereunderinterest) at the expiration of the Lease term and after Tenant has vacated the PremisesSublease term. In the event of termination of LandlordSublessor's interest in this LeaseSublease, Landlord Sublessor shall transfer said Deposit deposit to LandlordSublessor's successors successor in interest. In such event Sublessee shall look only to the successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforsecurity deposit and Sublessor shall be released from all liability to Sublessee for the return of the security deposit. Sublessee shall have the right to substitute a different unconditional irrevocable letter of credit from First Union Bank in the amount of $50,000 and in form satisfactory to Sublessor.

Security Deposit. Concurrently with Tenant's execution of this LeaseWithin three (3) business days after the Consent Date, Tenant Subtenant shall deposit with Landlord Sublandlord $857,290.50 (the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 “Security Deposit”) Dollars. Said sum shall be held by Landlord as a Security Deposit security for the Subtenant’s faithful performance by Tenant of all Subtenant’s obligations hereunder either in cash or, at Subtenant’s election, in the form of a letter of credit, in which case the terms of Article 21 of the termsMaster Lease, covenantsas incorporated herein, shall apply. Sublandlord approves Silicon Valley Bank as the issuing Bank and conditions of this Lease references in such Article to be kept and performed by Tenant during the term hereofXxxxx Fargo Bank shall refer to such bank. If Tenant Subtenant fails to pay Rent or other charges due hereunder, or otherwise defaults with respect to any provision of this LeaseSublease, includingin either case beyond applicable notice and cure periods, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord Sublandlord may (but shall not be required to) use, apply or retain all or any part portion of this the Security Deposit for the payment of Rent or any other amount charge in default or for the payment of any other sum to which Landlord Sublandlord may spend become obligated by reason of Tenant's default or Subtenant’s default, to compensate Landlord Sublandlord for any other loss or damage which Landlord Sublandlord may suffer by reason or reasonably estimates that it will suffer thereby or to compensate Sublandlord for any and all damages arising out of, or incurred in connection with, the termination of Tenant's defaultthis Sublease, including without limitation those specifically identified in Section 1951.2 of the California Civil Code. If Sublandlord so uses or applies all or any portion of said Deposit is so used or appliedthe Security Deposit, Tenant shall, Subtenant shall within ten (10) business days after written demand therefor, therefor deposit cash with Landlord Sublandlord in the an amount sufficient to restore the Security Deposit to its original full amount. Tenant's , and Subtenant’s failure to do so shall be a material breach of this LeaseSublease. Landlord Sublandlord shall not be required to keep this the Security Deposit separate from its general funds, accounts and Tenant the Security Deposit shall not be entitled to interest on such Depositbear interest. If Tenant fully At the expiration of the Term hereof and faithfully performs every provision following performance of all of Subtenant’s obligations hereunder (including without limitation vacation of the Premises in accordance with the provisions of this Lease to be performed by itSublease, the Security Deposit Deposit, or any balance so much thereof as has not theretofore been applied by Sublandlord, shall be returned to Tenant Subtenant (or at Landlord's Sublandlord’s option, to the last assignee assignee, if any, of Tenant's Subtenant’s interest hereunder) at ). No trust relationship is created herein between Sublandlord and Subtenant with respect to the expiration Security Deposit. Subtenant hereby irrevocably waives the provisions of Section 1950.7 of the Lease term California Civil Code and after Tenant has vacated any successor statute, and all other provisions of law, now or hereafter in effect, that (a) establish the Premises. In time frame by which a landlord must refund a security deposit under a lease, and/or (b) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the event payment of termination of Landlord's interest rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this LeaseSection 3.3 and/or those sums reasonably necessary to (i) compensate Sublandlord for any loss or damage caused by Subtenant’s breach of this Sublease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.including any damages Sublandlord

Security Deposit. Concurrently with Tenant's ’s execution of this Lease, Tenant shall deposit with Landlord the sum of FIFTY-EIGHT THOUSAND SIXTY-FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 88/100 DOLLARS ($ 401,587.20 ) Dollars$58,064.88). Said sum shall be held by Landlord as a Security Deposit 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 term Term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent Rent and any of the monetary sums due herewithhereunder, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's ’s default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion of said Deposit is so used or applied, Tenant shall, within ten five (105) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's ’s failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or at Landlord's ’s option, to the last assignee of Tenant's ’s interest hereunder) at the expiration or earlier termination of the Lease term Term and after Tenant has vacated the Premises; provided, however, that Landlord may withhold therefrom the amount necessary to cover the cost of restoration of the Premises if Tenant fails to do so as required under Lease Paragraph 8 and to cure any then uncured default by Tenant under this Lease. In the event of termination of Landlord's ’s interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors ’s successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor. Tenant hereby waives the protection of Section 1950.7 of the California Civil Code.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR or ONE HUNDRED ONE THREE THOUSAND FIVE TWO HUNDRED EIGHTY SEVEN AND 20/100 NO 100. ($ 401,587.20 $103, 200.00) Dollars. Said sum shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision provisions of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, . Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep deep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully full and faithfully performs every provision of this Lease to be performed by it, the Security Deposit or to any balance thereof shall be returned to Tenant (or at Landlord's option, to the last assignee of Tenant's interest hereunder) at within thirty (30) days following the expiration of the this Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit deposit or the accounting therefor.

Security Deposit. Concurrently Tenant shall pay Landlord the Security Deposit, concurrently with Tenant's the execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said which sum shall be held retained by Landlord as a Security Deposit security for the Tenant's full, timely and faithful performance by Tenant of all of Tenant's obligations hereunder, including but not limited to the termspayment of Annual Base Rent, covenants, Operating Expenses and conditions of this Lease to be kept and performed by Tenant during the term hereofReal Estate Taxes. If Tenant fails to pay such amount or any other charges hereunder or otherwise defaults with respect to any provision provisions of this Lease, includingLandlord may, but not limited toat its option, apply all or any portion of the provisions relating Security Deposit to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply thereof or retain all or any part of this Security Deposit for the payment of any other amount sums for which Landlord may spend become obligated by reason of Tenant's default default, or to compensate Landlord for any other loss or damage which that Landlord may suffer by reason of Tenant's defaultthereby. If Landlord so uses or applies all or any portion of said Deposit is so used or appliedthe Security Deposit, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the an amount sufficient to restore the Security Deposit to its original amount. the full amount stated in Section 1, above, and Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to any interest on such upon the Security Deposit. If Tenant fully and faithfully performs every provision of this Lease , nor shall Landlord be required to be performed by it, segregate or hold the Security Deposit or any balance thereof shall be returned to Tenant (or at separate from Landlord's optionother funds, to the last assignee of Tenant's interest hereunder) at the expiration of the Lease term and after Tenant has vacated the Premisesbut shall carry such sum as a bookkeeping entry only. In the event that Tenant shall fully perform the covenants and provisions of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for refund the return of such Deposit Security Deposit, or the accounting thereforunused balance thereof, if any, to Tenant within thirty (30) days after the expiration or sooner termination of the term of this Lease.

Security Deposit. Concurrently Tenant has deposited with Tenant's Landlord, upon the execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR SIXTY TWO THOUSAND TWO HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN FIFTY EIGHT AND 20/100 50/100 Dollars ($ 401,587.20 ) Dollars$62,258.50). Said sum shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, to the provisions relating to the payment of rent and any of the monetary sums due herewithrent, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit security deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default 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 said Deposit deposit is so used or applied, Tenant shall, shall within ten five (105) days after written demand therefor, deposit cash with Landlord in the an amount sufficient to restore the Security Deposit security deposit to its original amount. amount and Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit security deposit separate from its general funds, and Tenant shall not be entitled to interest on such Depositdeposit. If Tenant shall fully and faithfully performs perform every provision of this Lease to be performed by it, the Security Deposit 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) at the expiration of the Lease term and after Tenant has vacated the Premisesterm. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit deposit to Landlord's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforinterest.

Security Deposit. Concurrently In addition, Tenant agrees to deposit with Landlord on the date hereof the sum of XXXXX THOUSAND THREE HUNDRED AND 00/100 DOLLARS ($7,300.00). which shall be held by Landlord, without obligation for interest, as security for the performance of Tenant's execution obligations under the Lease, it being expressly understood and agreed that this deposit is not an advance rental deposit or a measure of Landlord's damages in case of Tenant's default. Upon each occurrence of an event of default, Landloxx xxx use all or part of the deposit to pay rent or other payments due Landlord under this Lease, and the cost of any other damage, injury, expense or liability caused by such event of default without prejudice to any other remedy provided herein or provided by law. On demand, Tenant shall pay Landlord the amount that will restore the security deposit to the full amount required by this Lease. If the Base Rent increases during the term of this Lease, Tenant shall shall, upon written request from Landlord, deposit additional monies with Landlord so that the sum total amount of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord as a the Security Deposit for shall at all times bear 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating same proportion to the payment increased Base Rent as the initial Security Deposit bore to the initial Base Rent. Should the Use be amended to accommodate a material change in the business of rent and any of the monetary sums due herewithTenant or to accommodate a Tenant or assignee, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for have the payment of any other amount which Landlord may spend by reason of Tenant's default or right to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore increase the Security Deposit to its original amountthe extent necessary, in Landlord's reasonable judgment, to account for any increased wear and tear that the Premises may suffer as a result thereof. Tenant's failure to do so The security deposit shall be a material breach deemed the property of this Lease. Landlord and Landlord shall not be required to keep this the Security Deposit separate from its general fundsaccounts, and Tenant shall not be entitled to interest on but any remaining balance of such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, the Security Deposit or any balance thereof deposit shall be returned by Landlord to Tenant within thirty (or at Landlord's option, to 30) days from the last assignee of time Tenant's interest hereunder) at the expiration obligations under this Lease have been fulfilled, less a refurbishment fee equal to fifteen percent of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefortotal deposit.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant Landlord shall deposit with Landlord hold the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord as a Security Deposit as security for the full and faithful performance by Tenant of all of the terms, covenants, and conditions every provision of this Lease to be kept and performed by Tenant during the term hereofXxxxxx. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewithRent, Landlord may (but shall not be required to) use, apply apply, or retain all or any part of this Security Deposit for the payment of any Rent and any other sum 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 ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion of said such Security Deposit is so to be used or applied, Tenant shall, within ten (10) calendar days after written demand therefor, deposit cash with Landlord in the an amount sufficient to restore the Security Deposit to its original amount. Tenant's , and Xxxxxx’s failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to any interest on such Depositdeposit. If Tenant shall fully and faithfully performs perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or or, at Landlord's ’s option, to the last assignee of Tenant's ’s interest hereunder) at within a reasonable period of time after the expiration of this Lease Term and upon Tenant’s vacation of the Leased Premises; provided, however, the Security Deposit may be retained by Landlord as security for Tenant’s obligations under Article 5 until after the final determination of the Operating Costs for the calendar year in which the Lease term and after expired. Any amounts due from Tenant has vacated under said Article 5 may be deducted from the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Security Deposit prior to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforbalance thereof.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit has deposited with Landlord the sum Security Deposit set forth in Paragraph 1 above as security for Tenant's faithful performance of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) DollarsTenant's obligations hereunder. Said sum The form of Letter of Credit shall be held by Landlord as a Security Deposit for shown on 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 term hereofattached Exhibit "F". If Tenant is not in default as of the end of the third year of the Term, and so long as Tenant's "net worth" is in excess of $30,000,000 as of the end of the third year of the Term, the amount of the Letter of Credit shall be reduced to $200,000. If Tenant is not in default, and Tenant's "net worth" is in excess of $30,000,000, as of the end of the fourth year of the Term, then the requirement for a Letter of Credit as an additional Security Deposit shall terminate. If Tenant fails to pay Rent or other charges due hereunder, or otherwise defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part portion of this Security Deposit said deposit for the payment of any Rent or other charge in default, or for the payment of any other amount sum to which Landlord may spend become obligated by reason of Tenant's default default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultthereby. If Landlord so uses or applies all or any portion of said Deposit is so used or applieddeposit, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the an amount sufficient to restore said deposit to the Security Deposit to its original amount. full amount stated in Paragraph 1, and Tenant's failure to do so shall be a material breach of this Lease. Tenant shall have the right: i) at Tenant's expense, to audit Landlord's reconciliation of expenses deducted from the Security Deposit; and ii) to the extent of any discrepancy, receive a reimbursement for any overcharges. Landlord shall not be required to keep this Security Deposit said deposit separate from its general funds, and Tenant shall not be entitled to interest on such Depositaccounts. If Tenant fully and faithfully performs every provision all of this Lease to be performed Tenant's obligations hereunder, said deposit, or so much thereof as has not theretofore been applied by itLandlord, the Security Deposit or any balance thereof shall be returned returned, to Tenant (or or, at Landlord's option, to the last assignee assignee, if any, of Tenant's interest hereunder) at the expiration of the Lease term Term hereof, and after Tenant has vacated the Premises. In No trust relationship is created herein between Landlord and Tenant with respect to said Security Deposit. No part of the event of termination of Landlord's interest in Security Deposit shall be considered to be a prepayment for any monies to be paid by Tenant under this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently Tenant has deposited with Tenant's execution Lessor the amount of this Lease, Tenant shall Twenty Thousand Dollars ($20,000) as a security deposit with Landlord ("the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 Security Deposit") Dollars. Said sum shall to be held by Landlord Lessor as a Security Deposit security for the faithful performance by Tenant of (i) all of the terms, covenants, covenants and conditions of this Lease to be kept and performed by (ii) those of that Lease Agreement between the Parties, dated the same date as this Lease, for Leased Premises located at 4455 West 77th Street, Edina, Minnxxxxx, xx xx xxx, xxxx xxx xxxxxxxxx xy Tenant during the term hereofLease Term. The Security Deposit shall be maintained in a separate account (which may include the security deposit for the Leased Premises located at 4455 West 77th Street, and Tenant xxxxx xx xxxxxxxx xx interest thereon at passbook rates. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, to the provisions relating to the payment of rent and any of the monetary sums due herewithRent, Landlord Lessor may (but shall not be required to) to use, apply or retain all or any part of this Security Deposit said security deposit for the payment of any Rent or any other sum in default, or for the payment of any amount which Landlord Lessor may spend or become obligated to spend by reason of Tenant's default default, or to compensate Landlord Lessor for any other loss or damage which Landlord Lessor may suffer by reason of Tenant's default. If any portion of said the Security Deposit is so used or applied, Tenant shall, within ten five (105) days after written demand therefor, deposit cash with Landlord Lessor in the an amount sufficient to restore the Security Deposit said security deposit to its original amount. , and Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and If Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or or, at LandlordLessor's option, to the last assignee of Tenant's interest hereunder) at the expiration of the Lease term and after Tenant has vacated the PremisesTerm. In the event of termination of Landlord's Lessor assigns its interest in this Lease, Landlord Lessor shall transfer said the Security Deposit to LandlordLessor's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforinterest.

Security Deposit. Concurrently 5.1 In the event that Tenant determines to use the Landlord’s Allowance (as defined in Section 3 of Exhibit A attached hereto), then as a condition to Landlord’s obligation to disburse all or any portion of Landlord’s Allowance in accordance with Tenant's execution Section 3 of this LeaseExhibit A attached hereto, and prior to Landlord’s disbursement of any of the Landlord’s Allowance, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 $143,000 ($ 401,587.20 the “Security Deposit”) Dollarswith Landlord in accordance with the terms of this Section 5. Said sum The Security Deposit shall be held by Landlord as a Security Deposit security for the faithful performance by Tenant of all of the terms, covenants, covenants and conditions of this the Lease to be kept and performed by Tenant during the term hereofand not as an advance rental deposit or as a measure of Landlord’s damage in case of Tenant’s default. If Tenant defaults with respect to any provision an Event of this Default occurs and is continuing under the Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or use any part of this the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion of said the Security Deposit is so used or appliedused, Tenant shall, shall within ten (10) days after written demand therefortherefore, deposit cash with Landlord in the an amount sufficient to restore the Security Deposit to its original amount. amount and Tenant's ’s failure to do so shall be a material breach constitute an Event of this Default under the Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep this the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Depositdeposit. If Tenant In the event that the Security Deposit has not been fully and faithfully performs every provision released prior to the termination of this Lease to be performed by itthe Lease, then following the termination of the Lease, the Security Deposit or any balance thereof shall be returned to Tenant (or at Landlord's option, to the last assignee such time when Landlord shall have determined that all of Tenant's interest hereunder’s obligations under the Lease have been fulfilled, but not later than sixty (60) days following the termination of the Lease. 5.2 The required Security Deposit shall be in the form of an irrevocable standby letter of credit in favor of Landlord (the “letter of credit”) in the amount of $143,000. Under any circumstance under which Landlord is entitled the use of all or a part of the Security Deposit, then, Landlord, in addition to all other rights and remedies provided under the Lease, shall have the right to draw down upon the letter of credit for the amount then claimed by Landlord and retain the proceeds. The following terms and conditions shall govern the letter of credit: 5.2.1 The letter of credit shall be returned to Tenant at the expiration of the Lease Term or such earlier date when Tenant is entitled to return of its Security Deposit under Section 5.3 below. 5.2.2 The letter of credit shall be in favor of Landlord, shall be issued by a commercial bank reasonably acceptable to Landlord having a Standard & Poors rating of “A” or better, and branches in either Northern Virginia, Washington, D.C. or Baltimore, Maryland, shall comply with all of the terms and conditions of this Section 5.2 and shall otherwise be in form reasonably acceptable to Landlord. The initial letter of credit shall have an expiration date not earlier than fifteen (15) months after the date of its issuance. A draft of the form of letter of credit must be submitted to Landlord for its approval prior to issuance. 5.2.3 The letter of credit or any replacement letter of credit shall be irrevocable for the term thereof and shall automatically renew on a year to year basis until a period ending not earlier than three (3) months after the expiration date of the Lease (“End Date”) without any action whatsoever on the part of Landlord; provided that the issuing bank shall have the right not to renew the letter of credit by giving written notice to Landlord not less than sixty (60) days prior to the expiration of the then current term of the letter of credit that it does not intend to renew the letter of credit. Tenant understands that the election by the issuing bank not to renew the letter of credit shall not, in any event, diminish the obligation of Tenant to maintain such an irrevocable letter of credit in favor of Landlord through such date. 5.2.4 Landlord, or its then managing agent, shall have the right from time to time to make one or more draws on the letter of credit at any time that an Event of Default has vacated occurred. The letter of credit must state that it can be presented for payment at the Premisesoffice of the issuer or an approved correspondent in the Northern Virginia, Washington D.C. or Baltimore, Maryland. Funds may be drawn down on the letter of credit upon presentation to the issuing or corresponding bank of Landlord’s (or Landlord’s then managing agent’s) certificate stating as follows: “Beneficiary is entitled to draw on this credit pursuant to that certain Lease dated for reference _______________ between [INSERT CURRENT NAME OF LANDLORD], as Landlord and [INSERT CURRENT NAME OF TENANT], as Tenant, as amended from time to time.” It is understood that if Landlord or its managing agent be a corporation, partnership or other entity, then such statement shall be signed by an officer (if a corporation), a general partner (if a partnership), or any authorized party (if another entity). 5.2.5 Tenant acknowledges and agrees (and the letter of credit shall so state) that the letter of credit shall be honored by the issuing bank without inquiry as to the truth of the statements set forth in such draw request and regardless of whether the Tenant disputes the content of such statement. 5.2.6 In the event of termination a transfer of Landlord's ’s interest in the Leased Premises, Landlord shall have the right to transfer the letter of credit to the transferee and thereupon the Landlord shall, without any further agreement between the parties, be released by Tenant from all liability therefore, and it is agreed that the provisions hereof shall apply to every transfer or assignment of said letter of credit to a new landlord; and Tenant shall pay all fees to the issuer necessary to effect and evidence such transfer. 5.2.7 Without limiting the generality of the foregoing, if the letter of credit expires earlier than the End Date, or the issuing bank notifies Landlord that it will not renew the letter of credit, Landlord shall accept a renewal thereof or substitute letter credit (such renewal or substitute letter of credit to be in effect not later than thirty (30) days prior to the expiration of the expiring letter of credit), irrevocable and automatically renewable as above provided to the End Date upon the same terms as the expiring letter of credit or upon such other terms as may be reasonably acceptable to Landlord. However, if (i) the letter of credit is not timely renewed, or (ii) a substitute letter of credit, complying with all of the terms and conditions of this Section is not timely received, then Landlord may present the expiring letter of credit to the issuing bank, and the entire sum so obtained shall be paid to Landlord, to be held by Landlord until Tenant would otherwise be entitled to the return of the letter of credit, and to be retained by Landlord if a default occurs, provided that if Tenant provides Landlord with a new letter of credit for the full amount of the Security Deposit in accordance with the requirements for a letter of credit set forth above, then Landlord shall refund Tenant the cash Security Deposit that it is holding. 5.3 Provided that no Event of Default has occurred and is continuing under this Lease, Landlord then on the first day of the 25th month following the date of Landlord’s receipt of the letter of credit, the Security Deposit shall transfer said be reduced by $47,666, and on the first day of the 37th month following the date of Landlord’s receipt of the letter of credit, the Security Deposit shall be reduced by another $47,666, and on the first day of the 49th month following the date of Landlord’s receipt of the letter of credit, the Security Deposit shall be reduced to zero dollars and released. Each reduction to the letter of credit as set forth below shall be processed by an amendment to the letter of credit or a replacement letter of credit, as reasonably approved by Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently with Tenant's ’s execution of this Leaselease, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord as a Security Deposit for the faithful performance by Tenant of all of the terms, covenants, and conditions of this Lease lease to be kept and performed by Tenant during the term hereof. If Tenant defaults with respect to any provision of this Leaselease, including, including but not limited to, to the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord Tenant may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion of said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefortherefore, deposit cash with Landlord in the an amount sufficient to restore the Security Deposit to its original amount. ; Tenant's ’s failure to do so shall be a material breach of this Leaselease. Landlord shall not be required to keep this Security Deposit separate from form its general funds, and Tenant shall not be entitled to interest on such Depositdeposit. If Tenant shall fully and faithfully performs perform every provision of this Lease lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or or, at Landlord's ’s option, to the last assignee of Tenant's ’s interest hereunder) at the expiration of the Lease lease term and after Tenant has vacated the Premisespremises. In the event of termination of Landlord's ’s interest in this Leaselease, Landlord shall transfer said Deposit to Landlord's successors ’s successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefortherefore.

Security Deposit. Concurrently with Tenant's execution As additional security for the full and prompt performance by Tenant of the terms and covenants of this Lease, Tenant shall deposit Xxxxxx has deposited with the Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 Thirty Thousand One Hundred Fourteen and 58/100 Dollars ($ 401,587.20 $30,114.58) Dollars. Said sum (the “Security Deposit”), which shall be held not constitute rent for any month (unless so applied by Landlord as a on account of Tenant’s default). Landlord may, at its option, hold the Security Deposit for in an interest bearing account at the faithful performance by Tenant state or federally chartered bank of all its choice and shall have no obligation to segregate the Security Deposit from any other funds of the terms, covenantsLandlord, and conditions of this Lease interest earned on the Security Deposit, if any, shall belong to be kept and performed by Landlord. Tenant during the term hereof. If Tenant defaults with respect to any provision of this Leaseshall, includingupon demand, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If immediately restore any portion of said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach which is applied by Landlord in accordance with the provisions of this Lease. To the extent that Landlord shall has not be required to keep this applied the Security Deposit separate from on account of a failure of Tenant to comply with its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of obligations under this Lease to be performed by itLease, the Security Deposit or any balance thereof shall be returned (without interest) to Tenant promptly (or at Landlord's optionbut in any event within ninety (90) days) after the expiration of this Lease and the full performance of Tenant hereunder (including, to the last assignee without limitation, any payment due by Tenant as a result of a reconciliation of Tenant's interest hereunder) at ’s additional rent obligations). Until returned to Tenant after the expiration of the Lease term and after the full performance by Xxxxxx of its obligations hereunder, the Security Deposit shall remain the property of Landlord. Tenant has vacated confirms that Landlord shall have the Premisesright of set-off against the Security Deposit to secure all of Tenant’s obligations to Landlord under this Lease (including all amounts due under Paragraph 3.5 above). In the event of termination a voluntary or involuntary Chapter 11 or 7 Bankruptcy filing by or against Tenant, Xxxxxx agrees that the Security Deposit shall be used first to satisfy any pre- petition obligations of Tenant and any lease-rejection damages claim of Landlord's interest in this Lease, Landlord and thereafter, any remaining Security Deposit shall transfer said Deposit be used to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return satisfy any post-petition obligations of such Deposit or the accounting thereforTenant.

Security Deposit. Concurrently with 9.1 Upon Tenant's execution of this Lease, Tenant shall deposit with Landlord a "Security Deposit" in the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum amount set forth in Section 1.8 hereof, which shall be held hold by Landlord as a Security Deposit security for the faithful performance by Tenant of all of the terms, covenants, and conditions of this Lease to be kept Lease. It being expressly understood and performed by Tenant agreed that the deposit is neither an advance Rent deposit nor a measure of Landlord's damages in case of Tenant's default. If at any time during the term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited toLease or any extended term thereof Tenant's Basic Rent is increased pursuant to Article 5 or otherwise, the provisions relating Security Deposit shall be increased in the same proportion and Tenant shall deposit cash with Landlord in an amount sufficient to increase the Security Deposit to the payment of rent and appropriate amount. The Security Deposit may be retained, used or applied by Landlord to remedy any of the monetary sums due herewithdefault by Tenant, Landlord may (but shall not be required to) use, apply or retain all or to repair damage caused by Tenant to any part of this Security Deposit the Project, and to clean the Premises upon expiration or earlier termination of the Lease, as well as to reimburse Landlord for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefortherefore, deposit cash with Landlord in the an amount sufficient to restore said deposit to the Security Deposit to its original amount. full amount required hereunder, and Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Depositdeposit. Tenant may not elect to use any portion of said Security Deposit as a Rental payment although Landlord may elect to do so in the event Tenant is in default hereunder or is insolvent. If Tenant shall fully and faithfully performs perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at Tenant's last known address (or or, at Landlord's option, to the last assignee of Tenant's interest hereunder) at the expiration of within thirty (30) days after the Lease term has ended and after the Premises have been vacated by Tenant has vacated in the Premises. In the event of termination of Landlord's interest in manner required by this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit has deposited with Landlord the sum set forth in Item 9 of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord the Basic Lease Provisions as a Security Deposit security for the full and faithful performance by Tenant of all of the terms, covenants, and conditions every provision of this Lease to be kept and performed by Tenant during the term hereofTenant. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any rent, the repair of damage to the monetary sums due herewithPremises caused by Tenant or cleaning the Premises upon termination of this Lease, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for security deposit for: (i) the payment of any rent or any other sum in default; (ii) the repair of such damage to the Premises; (iii) the cost of such cleaning; (iv) the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default default; or (v) to compensate Landlord for any other loss or damage which Landlord may suffer by reason of for Tenant's default, to the full extent permitted by law. If any portion of said Deposit deposit is so used or applied, Tenant shall, shall within ten (10) days after written demand therefor, therefor deposit cash with Landlord in the an amount sufficient to restore the Security Deposit security deposit to its original amount. , and Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit security deposit separate from its general funds, and Tenant shall not be entitled to interest on such Depositdeposit. If Tenant shall fully and faithfully performs perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or or, at Landlord's option, to the last assignee of Tenant's interest hereunder) at the expiration of the Lease term and after Tenant has vacated term, less the Premises. In the event of termination of Landlord's interest operation expense increase described in this LeaseParagraph 3.10, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforif applicable.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR FORTY EIGHT THOUSAND NINE HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN SIXTY AND 20/100 NO/100 Dollars ($ 401,587.20 ) Dollars$48,960.00). Said sum shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, to the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 Four Hundred Ninety Three Thousand Five Hundred Sixteen and 80/100 ($ 401,587.20 $493,516.80) Dollars. Said sum shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or at Landlord's option, to the last assignee assignees of Tenant's interest hereunder) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor. See Paragraph 57.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord upon execution hereof the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 _________________________________________________________ ($ 401,587.20 $______) Dollars. Said sum shall be held by Landlord Dollars as a Security Deposit security for the Tenant's faithful performance by Tenant of all of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the term hereofTenant's obligations hereunder. If Tenant fails to pay rent or other charges due hereunder, or otherwise defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part portion of this Security Deposit said deposit for the payment of any rent or other charge in default or for the payment of any other amount sum to which Landlord may spend become obligated by reason of Tenant's default default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultthereby. If Landlord so uses or applies all or any portion of said Deposit is so used or applieddeposit, Tenant shall, shall within ten (10) days after written demand therefor, therefor deposit cash with Landlord in the an amount sufficient to restore said deposit to the Security Deposit to its original amount. full amount hereinabove stated and Tenant's failure to do so shall be a material breach of this Lease, and Landlord may at his option terminate this Lease. Landlord shall not be required to keep this Security Deposit said deposit separate from its general funds, and Tenant shall not be entitled to interest on such Depositaccounts. If Tenant fully and faithfully performs every provision all of this Lease to be performed Tenant's obligations hereunder, said deposit or so much thereof as had nor therefore been applied by itLandlord, the Security Deposit or any balance thereof shall be returned returned, without payment of interest or other increment for its use, to Tenant (or or, at Landlord's Landlords option, to the last assignee assignee, if any, of Tenant's interest hereunder) at within fifteen (15) days after the expiration of the Lease term and hereof, or after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforwhichever is later.

Security Deposit. Concurrently with Tenant's ’s execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR THIRTEEN THOUSAND SIX HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN THIRTY AND 20/100 40/100 ($ 401,587.20 $13,630.40) Dollars. Said sum shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's ’s default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion of said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's ’s failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or at Landlord's ’s option, to the last assignee of Tenant's ’s interest hereunder) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's landlord’s interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors ’s successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR SIXTY NINE THOUSAND SIX HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN NINETEEN AND 20/100 ($ 401,587.20 $69,619.20) Dollars. Said sum shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently with Tenant's SUBTENANT'S execution of this LeaseSublease, Tenant SUBTENANT shall deposit with Landlord SUBLANDLORD the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 One Hundred Thousand and 00/100 Dollars ($ 401,587.20 ) Dollars$100,000.00). Said sum shall be held by Landlord SUBLANDLORD as a Security Deposit for the faithful performance by Tenant SUBTENANT of all of the terms, covenants, covenants and conditions of this Lease Sublease to be kept and performed by Tenant SUBTENANT during the term hereof. If Tenant SUBTENANT defaults with respect to any provision of this LeaseSublease, including, but not limited to, the provisions relating to the payment of rent Rent and any of the monetary sums due herewith, Landlord SUBLANDLORD may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord SUBLANDLORD may spend by reason of Tenant's SUBTENANT'S default or to compensate Landlord SUBLANDLORD for any other loss or damage which Landlord SUBLANDLORD may suffer by reason of Tenant's SUBTENANT'S default. If any portion of said Deposit is so used or applied, Tenant SUBTENANT shall, within ten (10) days after written demand therefor, deposit cash with Landlord SUBLANDLORD in the that amount sufficient to restore the Security Deposit to its original amount. Tenant's SUBTENANT'S failure to do so shall be a material breach of this LeaseSublease. Landlord SUBLANDLORD shall not be required to keep this Security Deposit separate from its general funds, and Tenant SUBTENANT shall not be entitled to interest on such Deposit. If Tenant SUBTENANT fully and faithfully performs every provision of this Lease Sublease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant SUBTENANT (or at LandlordSUBLANDLORD's option, to the last assignee of Tenant's SUBTENANT'S interest hereunder) at the expiration of the Lease Sublease term and after Tenant SUBTENANT has vacated the Premises. In the event of termination of LandlordSUBLANDLORD's interest in this LeaseSublease, Landlord SUBLANDLORD shall transfer said Deposit to LandlordSUBLANDLORD's successors successor in interest whereupon Tenant SUBTENANT agrees to release Landlord SUBLANDLORD from liability for the return of such Deposit or the accounting therefortherefore. In the event that SUBTENANT complies with the all terms and conditions of this Sublease and pays Rent and Additional Rent to SUBLANDLORD when due throughout the initial 12 months of the Sublease Term SUBLANDLORD agrees to return one-half of the Security Deposit equal to the sum of Fifty Thousand Dollars ($50,000.00), provided that, SUBTENANT is not then currently in default with any provision of this Sublease. The remaining balance of the Security Deposit shall then be Fifty Thousand and 00/100 Dollars ($50,000.00).

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall agrees to deposit with Landlord the sum a security deposit of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) DollarsClick here to enter text. Said sum shall , of which $50.00 is NON-refundable for administrative fees, to be held by Landlord as a Security Deposit security for the full and faithful performance by the Tenant of all terms and conditions herein, it being understood and agreed to that no part of this deposit is to be applied to any rent which may become due under this Rental Agreement. Upon termination of the termstenancy, covenants, and conditions of this Lease to property or money held by the Landlord as security may be kept and performed by Tenant during the term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating applied to the payment of accrued rent and any the amount of loss of rents or damages which the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend has suffered by reason of the Tenant's default ’s noncompliance with the South Carolina Residential Landlord and Tenant Act. Any deduction from the security deposit must be itemized by the Landlord in a written notice to the Tenant together with the amount due, if any, within 30 days after termination of the tenancy and delivery of possession and demand by the Tenant, whichever is later. The Tenant shall provide the Landlord in writing with a forwarding address or new address to compensate Landlord for any other loss or damage which the written notice and amount due from the Landlord may suffer by reason of Tenant's defaultbe sent. If any portion of said Deposit the Tenant fails to provide the Landlord with the forwarding or new address and fails to return the following: Click here to enter text. Key(s) for mailboxes, Click here to enter text. Key(s) to unit (including deadbolt, storage area), Click here to enter text. Remote(s), the Tenant is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully damages under this subsection provided the Landlord (1) had no notice of the Tenant’s whereabouts; and, (2) mailed the written notice and faithfully performs every provision of this Lease to be performed by itamount due, the Security Deposit or any balance thereof shall be returned to Tenant (or at Landlord's optionif any, to the Tenant’s last assignee of Tenant's interest hereunder) at the expiration of the Lease term and after Tenant has vacated the Premisesknown address. In the event of termination of the security deposit is not sufficient to pay all charges due, Tenant shall pay said charges within five (5) business days after receiving notice from the Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 Seventy-Five Thousand and 00/100 ($ 401,587.20 $75,000.00) Dollars. Said sum shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.. (Paragraph 4F is continued below)

Security Deposit. Concurrently with Tenant's Xxxxxx’s execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 Thirteen Thousand Seven Hundred Thirty-two Dollars and Twenty Cents ($ 401,587.20 ) Dollars. Said $13,732.20), which sum shall be held by Landlord as a Security Deposit security deposit for the faithful performance by Tenant of all of the terms, covenants, covenants and conditions of this Lease to be kept and performed by Tenant during the term hereofXxxxxx. If Tenant defaults any Event of Default occurs with respect to any provision of this Lease, including, including but not limited to, the provisions relating to the payment of basic rent and any of the monetary sums due herewithcommon area charges, Landlord may (but shall not be required to) use, apply apply, or retain all or any part of this Security Deposit security deposit for the payment of any other amount which Landlord may spend by reason of Tenant's default such Event of Default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultsuch Event of Default. If any portion of said Deposit deposit is so used or appliedused, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit security deposit to its original amount. ; Tenant's ’s failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit security deposit separate from its general funds, funds and Tenant shall not be entitled to interest on such Depositdeposit. If Tenant fully and faithfully performs every provision At the expiration or termination of this Lease Lease, Landlord may retain from the security deposit such amounts as may be necessary to remedy any event that, subject to notice and the expiration of any cure period, would be performed by itan Event of Default under this Lease, and the Security Deposit or any balance thereof of the security deposit shall be returned to Tenant (or at Landlord's option, to the last assignee of Tenant's interest hereunder) at the expiration of the Lease term and after Tenant Xxxxxx has vacated the Premises. In the event of termination of Landlord's Xxxxxxxx’s interest in this Lease, Landlord Xxxxxxxx shall transfer said Deposit deposit to Landlord's successors Xxxxxxxx’s successor in interest whereupon Tenant interest, and Xxxxxx agrees to release that Landlord shall thereupon be released from liability for the return of such Deposit deposit or the any accounting therefor.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR ONE HUNDRED TWENTY-EIGHT THOUSAND SEVEN HUNDRED FIFTY-ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 NO/100 Dollars ($ 401,587.20 ) Dollars$128,571.00). Said sum shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR ONE HUNDRED ONE FORTY-TWO THOUSAND FIVE HUNDRED EIGHTY SEVEN TWENTY AND 20/100 92/100 DOLLARS ($ 401,587.20 ) Dollars$142,020.92). Said sum shall be held by Landlord as a Security Deposit 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 term Term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent Rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten five (105) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or at Landlord's option, to the last assignee of Tenanttenant's interest hereunder) at the expiration or earlier termination of the Lease term Term and after Tenant has vacated the Premises; provided, however, that Landlord may withhold therefrom the amount necessary to cover the cost of restoration of the Premises if Tenant fails to do so as required under Lease Paragraph 8 and to cure any then uncured default by Tenant under this Lease. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor. Tenant hereby waives the protection of Section 1950.7 of the California Civil Code.

Security Deposit. Concurrently with upon Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum Security Deposit, stated in Section "E" of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord the Basic Lease Information, as a Security Deposit security for the faithful performance by Tenant of all under this Lease. The Security Deposit shall be returned (without interest) to Tenant after the expiration of the termsTerm, covenants, and conditions or sooner termination of this Lease (including without limitation, the termination of this Lease as a result of the failure of the condition precedent set forth in Section 3.1 above) and delivery of possession of the Premises to Landlord in accordance with Section 26 if, at such time, Tenant is not in default under this Lease. If Landlord's interest in this Lease is conveyed, transferred or assigned, Landlord shall transfer or credit the Security Deposit to Landlord's successor in interest, and Landlord shall be released from any liability for the return of the Security Deposit. Landlord may intermingle the Security Deposit with Landlord's own funds, and shall not be deemed to be kept and performed by Tenant a trustee of the Security Deposit. If, during the term hereof. If Term, Tenant defaults with respect fails to timely pay or perform any provision of obligation under this Lease, includingLandlord may, but not limited prior to, the provisions relating concurrently with or subsequent to the payment of rent and exercising any of the monetary sums due herewithother right or remedy, Landlord may (but shall not be required to) use, apply or retain all or any part of this the Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's default monetary obligation due under this Lease, or to compensate Landlord for any other expense, loss or damage which Landlord may suffer incur by reason of Tenant's defaultfailure, including any damage or deficiency in the reletting of the Premises. If If, during the Term, all or any portion of said the Security Deposit is so used used, applied or appliedretained, Tenant shall, within ten (10) days after written demand therefor, shall promptly deposit cash with Landlord cash in the an amount sufficient to restore the Security Deposit to its the original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, may withhold 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) at after the expiration of the Term or sooner termination of this Lease term and after until Tenant has vacated paid in full Tenant's Operating Expenses for the PremisesFiscal Year in which such expiration or sooner termination occurs and all other amounts payable under this Lease. In the event of termination of The Security Deposit is not a limitation on Landlord's interest in damages or other rights under this Lease, Landlord a payment of liquidated damages or prepaid Rent, and shall transfer said Deposit not be applied by Tenant to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability the Rent for the return last (or any) month of the Term, or to any other amount due under this Lease. If this Lease is terminated due to any default of Tenant, any portion of the Security Deposit remaining at the time of such Deposit or termination shall immediately inure to the accounting thereforbenefit of Landlord as partial compensation for the costs and expenses incurred by Landlord in connection with this Lease, and shall be in addition to any other damages to which Landlord is otherwise entitled.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR TWENTY SEVEN THOUSAND NINE HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN EIGHTEEN AND 20/100 NO/100 ($ 401,587.20 $27,918.00) Dollars. Said sum shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently with Tenant's SECURITY DEPOSIT The Tenant shall pay to the Landlord on execution of this Lease, Lease by the Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 Nineteen Thousand Fifty-Two and 00/100 Dollars ($ 401,587.20 $19,052.00) Dollars. Said sum shall be held by Landlord as a Security Deposit deposit to the Landlord to stand as security for the faithful payment by the Tenant of any and all present and future debts and liabilities of the Tenant to the Landlord and for the performance by the Tenant of all of the terms, covenants, and conditions of its obligations arising under or in connection with this Lease to be kept (the "Debts, Liabilities and performed by Tenant during the term hereofObligations"). If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. The Landlord shall not be required to keep this Security Deposit the deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination the Landlord disposing of Landlord's its interest in this Lease, the Landlord shall transfer said Deposit credit the deposit to Landlord's successors its successor and thereupon shall have no liability to the Tenant to repay the security deposit to the Tenant. Subject to the foregoing and to the Tenant not being in default under this Lease, the Landlord shall repay the security deposit to the Tenant without interest whereupon at the end of the Term or sooner termination of the Lease provided that all Debts, Liabilities and Obligations of the Tenant agrees to release the Landlord from liability are paid and performed in full, failing which the Landlord may on notice to the Tenant elect to retain the security deposit and to apply it in reduction of the Debts, Liabilities and Obligations and the Tenant shall remain fully liable to the Landlord for payment and performance of the return of such Deposit or the accounting thereforremaining Debts, Liabilities and Obligations.

Security Deposit. Concurrently with Tenant's (a) Upon the execution of this LeaseSublease, Tenant Subtenant shall deliver to Sublandlord a deposit with Landlord (“Security Deposit”) in the sum amount of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 Seventy-seven Thousand Four Hundred Sixty- three Dollars ($ 401,587.20 ) Dollars. Said sum $77,463), unless Master Lessor shall be held by Landlord as a Security Deposit for agree in writing satisfactory to Sublandlord that in the faithful performance by Tenant event of all of any monetary default under the terms, covenants, and conditions terms of this Sublease by Subtenant, Master Lessor will forego collecting Rent under the Master Lease to be kept and performed the extent of any losses incurred by Tenant during the term hereofSublandlord under this Sublease. If Tenant Subtenant defaults with respect to any provision of this LeaseSublease beyond applicable notice and cure periods, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord Sublandlord may (but shall not be required to) use, apply or retain all or any part of this the Security Deposit for the payment of any other amount which Landlord Sublandlord may spend by reason of Tenant's Subtenant’s default or to compensate Landlord Sublandlord for any other loss or damage which Landlord Sublandlord may suffer by reason of Tenant's Subtenant’s default. If any portion of said the Security Deposit is so used or applied, Tenant Subtenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord Sublandlord in the an amount sufficient to restore the Security Deposit to its original amount. Tenant's Subtenant’s failure to do so shall be a material breach of this LeaseSublease. Landlord Sublandlord shall not be required to keep this the Security Deposit separate from its general funds, and Tenant Subtenant shall not be entitled to interest on the such Depositfunds. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, the The Security Deposit or any balance thereof not used by Sublandlord shall be returned to Tenant Subtenant (or at Landlord's Sublandlord’s option, to the last assignee of Tenant's Subtenant’s interest hereunder) at the expiration of the Lease term Sublease Term and after Tenant Subtenant has fully vacated the Premises. In Sublease Premises in accordance with the event terms of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforSublease.

Security Deposit. Concurrently Contemporaneously with Tenant's the execution of this Lease, Tenant shall deposit with pay to Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum Security Deposit, which shall be held by Landlord as a to secure Tenant’s performance of its obligations under this Lease. The Security Deposit for the faithful performance by Tenant is not an advance payment of Rent or a measure or limit of Landlord’s damages upon an Event of Default (as defined herein). Landlord may, from time to time following an Event of Default and without prejudice to any other remedy, use all or a part of the terms, covenants, and conditions of this Lease Security Deposit to be kept and performed by perform any obligation Tenant during the term hereoffails to perform hereunder. If Tenant defaults with respect to Following any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any such application of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or appliedDeposit, Tenant shall, within ten (10) days after written shall pay to Landlord on demand therefor, deposit cash with Landlord in the amount sufficient so applied in order to restore the Security Deposit to its original amount. Tenant's failure Subject to do so the requirements of, and conditions imposed by, Laws applicable to security deposits under commercial leases, Landlord shall, within the time required by applicable Law, return to Tenant the portion of the Security Deposit remaining after deducting all damages, charges and other amounts permitted by Law. Landlord and Tenant agree that such deductions shall be include, without limitation, all damages and losses that Landlord has suffered or that Landlord reasonably estimates that it will suffer as a material result of any breach of this LeaseLease by Tenant. Landlord shall not be required to keep this The Security Deposit separate from its general may be commingled with other funds, and Tenant no interest shall not be entitled to interest on such Depositpaid thereon. If Tenant fully and faithfully performs every provision of this Lease to be performed by itLandlord transfers its interest in the Premises, Landlord will assign the Security Deposit or any balance thereof shall be returned to the transferee and, upon such transfer and the delivery to Tenant (or at Landlord's option, to the last assignee of Tenant's interest hereunder) at the expiration an acknowledgement of the Lease term and after Tenant has vacated transferee’s responsibility for the Premises. In the event of termination of Landlord's interest in this LeaseSecurity Deposit as provided by Law, Landlord thereafter shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from have no further liability for the return of such Deposit or the accounting thereforSecurity Deposit.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit has deposited with Landlord the sum set forth in Paragraph (m) of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord the Lease Summary as a Security Deposit for the full and faithful performance by Tenant of all of the terms, covenants, and conditions every provision of this Lease to be kept and performed by Tenant during the term hereofTenant. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this the Security Deposit for the payment of any Rent or other sum in default, the repair of such damage to the Premises or 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 other loss or damage which Landlord may suffer by reason of Tenant's defaultdefault to the full extent permitted by law. If any portion of said the Security Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the 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 default under this Lease. Upon any increase in the Monthly Rent during the Term, Tenant shall deposit with Landlord additional funds such that the amount of the Security Deposit held by Landlord shall at all times bear the same proportion to the then current Monthly Rent as the original Security Deposit bears to the initial Monthly Rent. Landlord shall not be required to keep this the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such the Security Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by itis not otherwise in default, the Security Deposit or any balance thereof shall be returned to Tenant within thirty (or at Landlord's option, to the last assignee of Tenant's interest hereunder30) at the expiration days of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforTermination Date.

Security Deposit. Concurrently with TenantLessee's execution of this Lease, Tenant Lessee shall deposit with Landlord the sum a security deposit of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) DollarsN/A ( N/A ). Said sum shall be held by Landlord Lessor as a Security Deposit for the faithful performance by Tenant Lessee of all of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during Lessee hereunder, throughout the entire term hereofof this Lease. If Tenant Lessee defaults with respect to any provision provisions of this Lease, including, including but not limited to, to the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord Lessor may (but shall not be required to) apply the Security Deposit towards the past due rent or charges; or, Lessor may use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord Lessor may spend or become obligated to spend by reason of TenantLessee's default or to compensate Landlord Lessor for any other loss or damage which Landlord Lessor may suffer by reason of TenantLessee's default. If any portion of said Deposit is so used or applied, Tenant Lessee shall, within ten (10) days after written demand therefor, deposit cash with Landlord Lessor in the an amount sufficient to restore the Security Deposit to its original amount. TenantLessee's failure to do so shall be a material breach of this Lease. Landlord Lessor shall not be required to keep this Security Deposit separate from its general funds, and Tenant Lessee shall not be entitled to interest on such Deposit. If Tenant Lessee shall fully and faithfully performs perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant Lessee, (or or, at LandlordLessor's option, to the last assignee of TenantLessee's interest interests hereunder) at the expiration of the Lease term and after Tenant Lessee has vacated the Premises. In the event of termination of LandlordLessor's interest in this Lease, Landlord Lessor shall transfer said Deposit to LandlordLessor's successors successor in interest interest, whereupon Tenant Lessee agrees to release Landlord Lessor from all liability for the return of such Deposit or the accounting account therefor. Lessee shall not have the right to apply the Security Deposit in payment of the last month's rent.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum of SEVENTY NINE THOUSAND FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN TWENTY AND 20/100 NO/100 ($ 401,587.20 $79,420.00) Dollars. Said sum shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, including but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit has deposited with Landlord the total sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 Five thousand 00/100 Dollars ($ 401,587.20 $5,000.00) Dollarson May 11, 1990, check #002, of which two thousand five hundred and 00/100 Dollars ($2,500.00) shall be held for security/damage to the above referenced demised premises. Upon expiration of the lease agreement dated July 31, 1996 for the demised premises commonly described as 0000-0000 Xxxxxx Xxxx, any remaining security deposit shall transfer to the demised premises herein and be held as additional security deposit by Landlord. Said sum shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision provisions of this Lease, Lease including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewithrent, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit security deposit for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default 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 said Deposit security deposit is so used or applied, Tenant shall, shall within ten five (105) days after written demand therefor, deposit cash with Landlord in the an amount sufficient to restore the Security Deposit security deposit to its original amount. , and Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit security deposit separate from its general funds, and Tenant shall not be entitled to interest on such Depositdeposit. If Tenant shall fully and faithfully performs perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or or, at Landlord's option, to the last assignee of Tenant's interest hereunder) at the expiration of the Lease term and after Tenant has vacated the PremisesTerm. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit deposit to Landlord's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforinterest.

Security Deposit. Concurrently with Tenant's execution of this the Lease, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord as a Security Deposit in the amount of $57,300. as security for the full and faithful performance by Tenant of all of the termseach and every term, covenants, covenant and conditions of this Lease to be kept and performed by Tenant during the term hereof. If Tenant defaults with respect to any provision condition of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, . Landlord may (but shall not be required to) use, apply or retain all the whole or any part of this the Security Deposit as may be reasonably necessary (a) to remedy Tenant's default in the payment of any Rent, (b) to repair damage to the Premises caused by Tenant, (c) to clean the Premises upon termination of this Lease, (d) to reimburse Landlord for the payment of any other amount which Landlord may reasonably spend or be required to spend by reason of Tenant's default default, or (e) to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion Should Tenant faithfully and fully comply with all of said Deposit is so used or appliedthe terms, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach covenants and conditions of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision within thirty (30) days following the expiration of this Lease to be performed by itthe Term, the Security Deposit or any balance thereof shall be returned to Tenant (or or, at the option of Landlord's option, to the last assignee of Tenant's interest hereunder) in this Lease. Landlord shall deposit said Security Deposit in a savings account in a bank or savings and loan institution, and Tenant will be entitled to interest thereon at the expiration rate paid by the savings institution, payable to Tenant at the termination of the Lease term lease. If Landlord so uses or applies all or any portion of said deposit, within ten (10) days after written demand therefor Tenant shall deposit cash with Landlord in an amount sufficient to restore the Security Deposit to the full extent of the above amount, and after Tenant has vacated the PremisesTenant's failure to do so shall be a default under this Lease. In the event of termination of Landlord's Landlord transfers its interest in this Lease, Landlord shall transfer said the then remaining amount of the Security Deposit to Landlord's successors successor in interest whereupon interest, and thereafter Landlord shall have no further liability to Tenant agrees with respect to release Landlord from liability for the return of such Deposit or the accounting thereforSecurity Deposit.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR ONE HUNDRED ONE THOUSAND FIVE SIX HUNDRED EIGHTY SEVEN AND 20/100 NO/100 Dollars ($ 401,587.20 ) Dollars101,680.00). Said sum shall be held by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, 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) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.

Security Deposit. Concurrently with Tenant's execution Landlord hereby acknowledges receipt of this Leasea security deposit in the amount of (the "Security Deposit"), Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum which shall be held by Landlord as a without interest throughout the Term, and Tenant hereby pledges such Security Deposit for to Landlord and grants Landlord a continuing, unconditional security interest in such Security Deposit to secure the faithful full payment by Tenant of all sums due under this Agreement and the full performance by Tenant of all of Tenant’s obligations hereunder. Should Tenant fail to leave the terms, covenants, and conditions Unit in the condition required hereunder at the expiration or earlier termination of this Lease Agreement, or should Tenant otherwise fail to be kept and performed by Tenant during the term hereof. If Tenant defaults with respect pay any sums due or to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and perform any of the monetary sums due herewithTenant’s obligations hereunder, then Landlord may (but shall not be required to) use, apply or retain all the whole or any part of this the Security Deposit for the payment of any such sum in default, or for any other amount sum which Landlord may spend expend or be required to expend by reason of Tenant's default or to compensate Landlord for failure, including without limitation any other loss or damage which costs of cure and any damages that Landlord may suffer have incurred by reason of Tenant's defaultsuch failure. If Landlord uses, applies or retains any portion of said the Security Deposit is so used or appliedas aforesaid during the Term, Tenant shall, within ten (10) days after written demand therefor, deposit cash with shall immediately pay to Landlord in the amount sufficient necessary to restore the Security Deposit to its original amount. Tenant's failure to do so In no event shall be a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned considered to Tenant (or at Landlord's option, be a prepayment of the Occupancy Charge. Subject to the requirements of the next sentence, within thirty (30) days after the last assignee to occur of Tenant's interest hereunder) at the expiration of the Lease term Agreement or the date on which Tenant vacated the Unit, and provided that Tenant is in full compliance with this Agreement at such time, Landlord shall refund to Tenant any unused portion of the Security Deposit. The following provisions shall also apply to the Security Deposit: a. Tenant will be eligible for a Security Deposit refund upon termination of the tenancy only if Tenant has given Landlord at least 30 days’ advance written notice of intent to move, permanently vacated the Unit, returned to Landlord the keys to the Unit and given to Landlord Tenant’s new address. b. Landlord will inspect the Unit after Tenant has vacated it, complete a Unit Inspection Report and permit Tenant upon request to accompany Landlord during the Premisesinspection. c. Landlord will give Tenant a written list of charges that were deducted from the Security Deposit. In Landlord will meet with Tenant upon request to informally discuss any disputed fees or charges. d. Tenant acknowledges that no portion of the event of termination of LandlordSecurity Deposit will be applied to the last month's interest in this Lease, Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforOccupancy Charge.

Security Deposit. (a) Concurrently with Tenant's execution and delivery of this LeaseLease Amendment, Tenant shall deposit with deliver to Landlord a letter of credit ("Letter of Credit") in the sum amount of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars$450,000.00 for the benefit of Landlord, issued by a major banking institution, and in form and substance reasonably acceptable to Landlord. Said sum The Letter of Credit shall be held by Landlord as a Security Deposit security for the faithful performance by Tenant of all of the terms, covenants, and conditions provisions of this Lease to be kept and performed by Tenant during the term hereofTenant. If Tenant fails to pay rent or other sums due hereunder, or otherwise defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) draw on the Letter of Credit and use, apply or retain all or any part portion of this Security Deposit the proceeds thereof for the payment of any rent or other amount sum in default or for the payment if any other sum to which Landlord may spend become obligated by reason of Tenant's default default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultthereby. If Landlord so uses or applies all or any portion of said Deposit is so used or appliedthe proceeds of the Letter of Credit, Tenant shall, shall within ten (10) days after written demand therefor, therefor either deposit cash with Landlord a substitute Letter of Credit in the amount sufficient of the Letter of Credit prior to restore such draw by Landlord hereunder, or deposit with Landlord as a security deposit cash equal to the Security Deposit to its original amount. amount drawn by Landlord under the Letter of Credit, and Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to pay interest on, or keep this Security Deposit any cash deposited by Tenant hereunder, or drawn by Landlord under the Letter of Credit, separate from its general fundsaccounts. (b) Provided that Tenant has not been in default under the Lease, the Letter of Credit amount shall be reduced to $365,000.00 at the end of the first Lease Year, $280,000.00 at the end of the second Lease Year, and $195,000.00 at the end of the third Lease Year. Tenant shall provide to Landlord a Letter of Credit in the amount of $195,000.00 for the balance of the Lease Term. If at any time during the Lease Term, Tenant shall not be entitled have provided to interest on such Deposit. If Tenant fully and faithfully performs every provision Landlord a substitute Letter of this Lease to be performed by it, Credit or renewal of the Security Deposit or any balance thereof shall be returned to Tenant Letter of Credit at least ten (or at Landlord's option, 10) days prior to the last assignee of Tenant's interest hereunder) at the expiration date of the Lease term Letter of Credit held by Landlord hereunder, Landlord may draw the full amount of the Letter of Credit, and after Tenant has vacated hold the Premises. In proceeds thereof as the event of termination of Landlord's interest in this Leasesecurity deposit hereunder. (c) On the Suite 1800 Commencement Date, Landlord shall transfer said Deposit return to Landlord's successors Tenant the security deposit in interest whereupon the amount of $22,916.00 currently held by Landlord under the Lease in connection with Suite 950, and the additional security deposit in the amount of $13,370.00 held by Landlord under the Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor.Expansion Agreement in connection with Suite 750, provided that Tenant

Security Deposit. Concurrently with Tenant's execution As additional security for the full and prompt performance by Tenant of the terms and covenants of this Lease, Tenant shall deposit has deposited with Landlord the total sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 Forty One Thousand Six Hundred and Thirty Five and 40/100 Dollars ($ 401,587.20 $41,635.40) Dollars. Said representing one month's rent as security Deposit (Landlord acknowledges $7,419.50 of the deposit sum from the previous Lease which Tenant acknowledges may be applied to this security deposit), which shall be held not constitute rent for any month unless so applied by Landlord as a Security Deposit 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 term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason on account of Tenant's default. If Tenant shall, upon demand, restore any portion of said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit which may be applied by Landlord to its original amountcure any default by Tenant hereunder. Tenant's failure to do so To the extent that Landlord has not applied the Security Deposit on account of a default, the Security Deposit shall be a material breach returned without interest by Landlord to Tenant promptly after termination of this Lease. Landlord shall not be required In the event Tenant fails to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest take possession of the Demised Premises on such Deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by itthe Term Commencement Date or vacates or abandons the Demised Premises during the Term, the Security Deposit or shall not be deemed to be liquidated damages, and such application of the Security Deposit shall not preclude Landlord from recovering from Tenant all additional damages incurred by Landlord. If Tenant fails at any balance thereof shall be returned time to Tenant (or perform its obligations, Landlord may, at Landlord's its option, apply said Security Deposit, or so much thereof as is required, to cure Tenant's default, but, if prior to the last assignee of Tenant's interest hereunder) at the expiration of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, Landlord depletes said Security Deposit, either in whole or in part, Tenant shall transfer said Deposit within five (5) calendar days restore the amount so used by Landlord. Following termination of this Lease and satisfaction of all Tenant obligations thereunder, Landlord shall return to Landlord's successors in Tenant without interest whereupon Tenant agrees to release Landlord from liability for any unused portion of the return of such Deposit or the accounting thereforSecurity Deposit.

Security Deposit. Concurrently Contemporaneously with Tenant's the execution of this Lease, ---------------- Tenant shall deposit with pay to Landlord the sum amount of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 Security Deposit ($ 401,587.20 the "Security Deposit") Dollars. Said sum specified in the Basic Lease Information, which shall be held by Landlord as a to secure Tenant's performance of its obligations under this Lease. The Security Deposit for the faithful performance is not an advance payment of Rent or a measure or limit of Landlord's damages upon a default by Tenant or an Event of all of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the term hereofDefault (defined below). If Tenant defaults with respect to any provision of this Lease, includingLandlord may, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) , use, apply or retain all or any part of this the Security Deposit (a) for the payment of any Rent or any other sum in default, (b) for the payment of any other amount which Landlord may spend or become obligated to spend by reason of such default by Tenant's default or , and (c) to compensate Landlord for any other loss or damage which Landlord may suffer by reason of such default by Tenant's default. If any portion of said the Security Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefortherefor by Landlord, deposit cash with Landlord cash in the an amount sufficient to restore the Security Deposit to its original amountthe amount required to be maintained by Tenant hereunder. Tenant's failure to do so shall be Within a material breach reasonable period following expiration or the sooner termination of this Lease. , provided that Tenant has performed all of its obligations hereunder, Landlord shall return to Tenant the remaining portion of the Security Deposit. The Security Deposit may not be required to keep this Security Deposit separate from its general commingled by Landlord with Landlord's other funds, and Tenant no interest shall not be entitled to interest on such Depositpaid thereon. If Tenant fully and faithfully performs every provision of this Lease to be performed by itLandlord transfers its interest in the Premises, then Landlord may assign 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) at the expiration of the Lease term Transferee and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, thereafter Landlord shall transfer said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from have no further liability or obligation for the return of such Deposit the Security Deposit. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code, and all other provisions of any Regulations, now or hereinafter in force, which restricts the accounting thereforamount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits.

Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with Landlord the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord upon execution hereof $50,765.78 as a Security Deposit security for the Tenant's faithful performance by Tenant of all of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the term hereofTenant's obligations hereunder. If Tenant fails to pay rent or other charges due hereunder, or otherwise defaults beyond any applicable notice and cure with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part portion of this Security Deposit said deposit for the payment of any rent or other charge in default or for the payment of any other amount sum to which Landlord may spend become obligated by reason of Tenant's default default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultthereby. If Landlord so uses or applies all or any portion of said Deposit is so used or applieddeposit, Tenant shall, shall within ten (10) days after written demand therefor, therefor deposit cash with Landlord in the an amount sufficient to restore said deposit to the Security Deposit to its original amount. full amount then required of Tenant and Tenant's failure to do so shall be a material breach of this Lease. If the monthly rent shall, from time to time, increase during the term of this Lease, Tenant shall, at the time of such increase, deposit with Landlord additional money as a security deposit so that the total amount of the security deposit held by Landlord shall at all times bear the same proportion to the then current Base Rent as the initial security deposit bears to the initial Base Rent set forth in paragraph 4. Landlord shall not be required to keep this Security Deposit said security deposit separate from its general funds, and Tenant shall not be entitled to interest on such Depositaccounts. If Tenant fully and faithfully performs every provision all of this Lease to be performed Tenant's obligations hereunder, said deposit, or so much thereof as has not theretofore been applied by itLandlord, the Security Deposit or any balance thereof shall be returned returned, without payment of interest or other increment for its use, to Tenant (or or, at Landlord's option, to the last assignee assignee, if any, of Tenant's interest hereunder) at the expiration of the Lease term hereof, and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, No trust relationship is created herein between Landlord shall transfer and Tenant with respect to said Deposit to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforSecurity Deposit.

Security Deposit. Concurrently Tenant has deposited with TenantLandlord the sum specified in the Basic Lease Information as the "Security Deposit.", or has deposited or may deposit at any time during the Term hereof in lieu of all or part of such cash security deposit a clean, irrevocable, unconditional, standby letter of credit, drawn on a bank acceptable to Landlord in its reasonable discretion, with a right of assignment to any successor to Landlord's execution interests, having an initial expiration date of not sooner than one year from the issuance date thereof ("Letter of Credit", which term shall include all renewals, reissuances, replacements and substitutions for the initial Letter of Credit). Such cash deposit and Letter of Credit shall together constitute the "Security Deposit". Upon any transfer of Landlord's interest in this Lease, Tenant shall, within five (5) days of Landlord's request, cause any Letter of Credit which is then part of the Security to be reissued, naming the transferee of such interest as beneficiary. Tenant shall deposit with from time to time cause the Letter of Credit to be renewed no later than thirty (30) days prior to any expiration date thereof. If Tenant fails to timely renew the Letter of Credit or fails to deliver a substitute Letter of Credit to a transferee as provided above, then Landlord may draw on the sum then-existing Security and retain (or transfer to such transferee) the amounts so drawn as security for the performance of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) DollarsTenant's obligations under this Lease. Said sum The Security Deposit shall be held by Landlord as a Security Deposit security for the full and faithful performance by Tenant of all of the terms, covenants, and conditions provisions of this Lease to be kept and performed by Tenant during the term hereofLease. If Tenant defaults (after applicable notice and time to cure) with respect to any provision of this Lease, including, but not limited towithout limitation, the provisions relating to the payment of rent and any of the monetary sums due herewithRent, Landlord may may, after giving two (2) days additional notice to Tenant's counsel, but shall not be required to) , use, apply or retain all or any part of this the Security Deposit for the payment of any other amount which Landlord may spend by reason of Tenant's default Rent or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said the Security Deposit is so used used, applied or appliedretained, Tenant shall, shall within ten (10) days after written demand thereforfrom Landlord, deposit cash funds with Landlord (or cause the Letter of Credit to be reissued) in the an amount sufficient to restore the Security Deposit to its original amount. Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this the Security Deposit separate from its general funds, no trust relationship shall be created with respect to the Security Deposit, and Tenant shall not be entitled to interest on such the Security Deposit. If Tenant fully and faithfully performs every provision Any part of this Lease to be performed by it, the Security Deposit or any balance thereof not used by Landlord as permitted by this paragraph shall be returned to Tenant within thirty (30) days after the Expiration Date. At any time in its discretion, , Tenant may cause a current quarterly or annual financial statement for Tenant ( "Financial Statements") to be delivered to Landlord, at LandlordTenant's optionsole cost and expense. All Financial Statements shall be prepared in accordance with generally accepted accounting principles consistently applied and, to if such is the last assignee normal practice of Tenant's interest hereunder) at the expiration of the Lease term and after Tenant has vacated the Premises, shall be audited by an independent certified public accountant. In the event the Financial Statements demonstrate (as determined by Landlord, in its reasonable judgment, applying generally accepted accounting principles) that Tenant's operations have resulted in two (2) consecutive calendar quarters of termination of Landlord's interest positive net cash flow and provided Tenant is not then in default under this LeaseLease (beyond any applicable cure periods), Landlord the Security Deposit shall transfer said be reduced from $60,000 to $40,000 (the "First Reduction"). If Tenant is not in default (beyond any applicable cure periods) at the date which is twelve (12) months after the First Reduction, the Security Deposit shall be further reduced from $40,000 to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting therefor$20,000.

Security Deposit. Concurrently (a) The Tenant has deposited with Tenant's execution the Landlord NIL (the "Security Deposit"), receipt of which is acknowledged by the Landlord. The Security Deposit will be held by the Landlord throughout the Term and any renewal or renewals thereof, without liability for interest, as security for the faithful and complete performance by the Tenant of all of its covenants and obligations under this Lease. (b) If the Basic Rent or Additional Rent are at any time overdue and unpaid or if the Tenant fails to keep and perform any terms, covenants and conditions of this Lease, Tenant shall deposit with then the Landlord, at its option may, in addition to any other rights it has, appropriate and apply the entire security deposit, or as much of it as is necessary to compensate the Landlord for loss or damage sustained or suffered by the sum of FOUR HUNDRED ONE THOUSAND FIVE HUNDRED EIGHTY SEVEN AND 20/100 ($ 401,587.20 ) Dollars. Said sum shall be held by Landlord as a Security Deposit for due to 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 term hereofTenant's breach. If Tenant defaults with respect to any provision of this Leasethe entire Security Deposit, including, but not limited to, the provisions relating to the payment of rent and any of the monetary sums due herewith, Landlord may (but shall not be required to) use, apply or retain all or any part portion of this Security Deposit it, is appropriated and applied by the Landlord for the payment of any other overdue Rent, then the Tenant will, upon demand, forthwith remit to the Landlord a sufficient amount which Landlord may spend by reason of Tenant's 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 said Deposit is so used or applied, Tenant shall, within ten (10) days after written demand therefor, deposit in cash with Landlord in the amount sufficient to restore the Security Deposit to its the original amount. sum deposited and the Tenant's failure to do so shall be within five (5) days after receipt of such demand constitutes a material breach of this Lease. Landlord shall not be required to keep this Security Deposit separate from its general fundsIf the Tenant complies with all of the terms, covenants and Tenant shall not be entitled to interest on such Deposit. If Tenant fully conditions and faithfully performs every provision promptly pays all of this Lease to be performed by itthe Rent, the Security Deposit will be returned in full to the Tenant without interest within sixty (60) days after the end of the Term or any balance thereof shall be returned renewal or renewals thereof. (c) The Landlord may deliver the Security Deposit to Tenant (or at Landlord's option, to the last assignee of Tenant's interest hereunder) at the expiration any purchaser of the Lease term and after Tenant has vacated the Premises. In the event of termination of Landlord's interest in this Lease, the Leased Premises or the Building and the Landlord shall transfer said Deposit thereafter be relieved of all further liability with respect to Landlord's successors in interest whereupon Tenant agrees to release Landlord from liability for the return of such Deposit or the accounting thereforSecurity Deposit.