EQUIPMENT,
FITTINGS, ELEVATORS, HEATING, PLUMBING, AIR CONDITIONING EQUIPMENT AND TOOLS.
SECTION 29.4.
THE WORD "MORTGAGE" AS USED IN THIS LEASE SHALL INCLUDE A DEED OF
TRUST.
SECTION 29.5.
ALL PRONOUNS OR ANY VARIATION THEREOF SHALL BE DEEMED TO REFER TO
MASCULINE, FEMININE OR NEUTER, SINGULAR OR PLURAL AS THE IDENTITY OF THE PERSON
OR PERSONS MAY REQUIRE.
SECTION 29.6.
THIS LEASE MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS, EACH OF
WHICH SHALL BE AN ORIGINAL BUT ALL OF WHICH SHALL CONSTITUTE ONE INSTRUMENT.
31
SECTION 29.7.
WHEREVER REFERENCE IS MADE IN THIS LEASE TO A FEE MORTGAGE TO
WHICH THIS LEASE IS "SUBJECT" THE WORD "SUBJECT" IS INTENDED TO AND SHALL MEAN
"SUBJECT AND SUBORDINATE."
SECTION 29.8.
WHEREVER IN THIS LEASE THE WORDS "TERMINATION OF THIS LEASE" OR
WORDS OF SIMILAR IMPORT ARE USED, THEY ARE INTENDED TO INCLUDE THE EXPIRATION OF
THE TERM OF THIS LEASE AND CONCOMITANTLY WHENEVER THE WORDS "EXPIRATION OF THE
TERM OF THIS LEASE" OR WORDS OF SIMILAR IMPORT ARE USED, THEY ARE INTENDED TO
INCLUDE ANY TERMINATION OF THIS LEASE.
SECTION 29.9.
THE WORDS "TENANT TRADE FIXTURES" AS USED IN THIS LEASE SHALL
MEAN PERSONAL PROPERTY, FURNITURE, MACHINERY AND EQUIPMENT INSTALLED BY TENANT,
AT TENANT'S EXPENSE, WHICH ARE NOT USED OR PROCURED FOR USE IN CONNECTION WITH
THE OPERATION AND MAINTENANCE OF THE LEASED PREMISES AS SUCH, BUT WHICH ARE USED
OR PROCURED FOR USE SOLELY AND DIRECTLY IN CONNECTION WITH TENANT'S BUSINESS
CONDUCTED ON THE LEASED PREMISES.
THE FOREGOING DEFINITION SHALL IN NO WAY
LIMIT OR REDUCE TENANT'S OBLIGATIONS TO MAKE ANY REPAIRS, REPLACEMENTS AND
RESTORATIONS AS REQUIRED UNDER THIS LEASE.
ARTICLE 30
SECURITY DEPOSIT
SECTION 30.1.
TO SECURE THE FULL AND FAITHFUL PERFORMANCE BY TENANT OF ALL OF
THE TERMS, COVENANTS AND CONDITIONS OF THIS LEASE ON TENANT'S PART TO BE
PERFORMED, TENANT, UPON THE EXECUTION OF THIS LEASE, SHALL DEPOSIT WITH LANDLORD
THE SUM OF $98,691.30 ("SECURITY DEPOSIT").
ANY AND ALL INTEREST ACCRUED ON THE
SECURITY DEPOSIT SHALL BE HELD AS ADDITIONAL SECURITY DEPOSIT UNDER THE TERMS OF
THIS ARTICLE AND SHALL BELONG, AND BE PAID TO SUCH PARTY ENTITLED TO THE
SECURITY DEPOSIT IN ACCORDANCE WITH THE TERMS OF THIS LEASE.
SECTION 30.2.
IF TENANT SHALL BE IN DEFAULT UNDER ANY OF THE TERMS, COVENANTS
AND CONDITIONS OF THIS LEASE, LANDLORD, IN ITS SOLE DISCRETION, SHALL HAVE THE
RIGHT BUT NOT THE OBLIGATION TO USE OR APPLY ALL OR ANY PART OF THE SECURITY
DEPOSIT TO REIMBURSE LANDLORD FOR ANY LOSS, DAMAGE OR EXPENSE SUFFERED OR
INCURRED BY LANDLORD AND TO PAY ANY SUMS WHICH LANDLORD SHALL BE ENTITLED TO
RECOVER FROM TENANT UNDER THIS LEASE BY REASON OF SUCH DEFAULT OR ANY PREVIOUS
DEFAULT.
IF LANDLORD SHALL USE OR APPLY ALL OR ANY PART OF THE SECURITY DEPOSIT
AS HEREINABOVE PROVIDED, TENANT, ON DEMAND, SHALL DEPOSIT WITH LANDLORD
ADDITIONAL FUNDS AS SECURITY HEREUNDER TO REPLENISH THE SECURITY DEPOSIT TO THE
AMOUNT STATED IN SECTION 30.1.
IF TENANT SHALL FAIL OR REFUSE TO MAKE SUCH
ADDITIONAL DEPOSIT, LANDLORD