OF THIS LEASE), TENANT
SHALL, ON DEMAND, CAUSE THE EXISTING LETTER OF CREDIT TO BE AMENDED TO BE ONCE
AGAIN IN THE FULL AMOUNT REQUIRED UNDER THIS LEASE OR A NEW LETTER OF CREDIT, IN
THE AMOUNT SO DRAWN, TO BE ISSUED TO LANDLORD.
NOTWITHSTANDING THE FOREGOING,
LANDLORD SHALL HAVE THE RIGHT, AT ANY TIME WHEN AN EVENT OF DEFAULT EXISTS, TO
DRAW THE ENTIRE LETTER OF CREDIT AND HOLD THE PROCEEDS THEREOF TO BE APPLIED
FROM TIME TO TIME AGAINST DAMAGES AND LOSSES UNDER THIS LEASE, BUT IN THAT
EVENT, IF LANDLORD DOES NOT TERMINATE THIS LEASE AS A RESULT OF SUCH EVENT OF
DEFAULT AND PERMITS (WITHOUT IMPLYING ANY OBLIGATION TO PERMIT) TENANT TO CURE
ALL OUTSTANDING EVENTS OF DEFAULT, SO LONG AS NO NEW EVENT OF DEFAULT OCCURS
WITHIN SIXTY (60) DAYS THEREAFTER, TENANT SHALL BE PERMITTED TO REPLACE THE CASH
SECURITY DEPOSIT WITH A LETTER OF CREDIT, AND UPON RECEIPT OF THE LETTER OF
CREDIT, LANDLORD SHALL RELEASE THE CASH SECURITY DEPOSIT TO TENANT.
ANY AMOUNT
DRAWN BY LANDLORD SHALL NOT BE DEEMED TO FIX OR DETERMINE THE AMOUNTS TO WHICH
LANDLORD IS ENTITLED UNDER THIS LEASE OR OTHERWISE, AND LANDLORD SHALL BE
ENTITLED TO PURSUE ANY REMEDIES PROVIDED FOR IN THIS LEASE TO THE EXTENT
LANDLORD IS UNABLE OR ELECTS, IN ITS SOLE AND ABSOLUTE DISCRETION, NOT TO OBTAIN
COMPLETE OR PARTIAL SATISFACTION BY DRAWING UPON THE LETTER OF CREDIT.
IF AT
THE END OF TERM, NO DEFAULT OF TENANT SHALL EXIST, OR IF SUCH A DEFAULT SHALL
EXIST, UPON CURE OF SUCH DEFAULT, THE LETTER OF CREDIT, OR ANY CASH HELD IN LIEU
THEREOF, SHALL BE RETURNED TO TENANT WITHIN TEN (10) DAYS THEREAFTER.
NOTWITHSTANDING ANY PROVISIONS LIMITING LANDLORD'S LIABILITY UNDER THIS LEASE,
NOTHING SHALL PREVENT TENANT FROM RECOVERING ANY PORTION OF THE SECURITY DEPOSIT
HEREUNDER THAT WAS WRONGFULLY DRAWN OR RETAINED BY LANDLORD IN THE EVENT OF THE
BREACH OR DEFAULT BY LANDLORD UNDER ANY OF THE PROVISIONS HEREOF RELATING TO THE
SECURITY DEPOSIT.
FOR PURPOSES OF THIS SUBSECTION, AN EVENT OF DEFAULT SHALL
ALSO INCLUDE ANY DEFAULT THAT IS PREVENTED OR DELAYED FROM RIPENING INTO AN
EVENT OF DEFAULT DUE TO LANDLORD'S INABILITY TO GIVE ANY REQUIRED NOTICE OR THE
TOLLING OF ANY GRACE OR CURE PERIOD CAUSED BY ANY STAY OR INJUNCTION ARISING
FROM THE BANKRUPTCY OF TENANT.
6.8.5
OTHER TERMS.
LANDLORD SHALL NOT COMMINGLE ANY CASH CONSTITUTING THE
SECURITY DEPOSIT WITH OTHER FUNDS OF LANDLORD, AND LANDLORD SHALL PAY REASONABLE
INTEREST ON ANY CASH SECURITY DEPOSIT TO TENANT.
IF LANDLORD CONVEYS LANDLORD'S
INTEREST UNDER THIS LEASE, THE LETTER OF CREDIT (OR CASH IN LIEU THEREOF) SHALL
BE TURNED OVER BY LANDLORD TO LANDLORD'S TRANSFEREE, AND, IF SO TURNED OVER,
TENANT AGREES TO LOOK SOLELY TO SUCH TRANSFEREE FOR PROPER APPLICATION THEREOF
IN ACCORDANCE WITH THE TERMS OF THIS LEASE AND THE RETURN THEREOF IN ACCORDANCE
THEREWITH, AND IT IS AGREED THAT THE PROVISIONS HEREOF SHALL APPLY TO EVERY
TRANSFER OR ASSIGNMENT MADE OF THE LETTER OF CREDIT TO A NEW