POSSESSION OF THE DEMISED PREMISES TO
LANDLORD.
LANDLORD SHALL HAVE NO OBLIGATION TO MAINTAIN SAID SECURITY DEPOSIT
IN AN ESCROW OR SEGREGATED ACCOUNT OR PAY INTEREST THEREON TO TENANT.
TENANT
SHALL RESTORE THE SECURITY DEPOSIT TO THE ORIGINAL AMOUNT IF ALL OR ANY PORTION
THEREOF IS USED, APPLIED OR RETAINED BY LANDLORD IN ACCORDANCE WITH THE
PROVISIONS OF THIS PARAGRAPH.
10.5.
NOTICES.
WHENEVER NOTICE SHALL OR MAY BE GIVEN TO EITHER PARTY BY
THE OTHER, EACH SUCH NOTICE SHALL BE GIVEN BY CERTIFIED MAIL OR OVERNIGHT
DELIVERY WITH RETURN RECEIPT REQUESTED, AT THE RESPECTIVE ADDRESS OF THE PARTY
AS CONTAINED IN ARTICLE 1.9 HEREOF OR TO SUCH OTHER ADDRESS AS EITHER PARTY MAY
FROM TIME TO TIME DESIGNATE BY NOTICE IN WRITING TO THE OTHER.
ANY NOTICE UNDER
THIS LEASE SHALL BE DEEMED TO HAVE BEEN GIVEN AT THE TIME IT IS PLACED WITH THE
CARRIER WITH SUFFICIENT POSTAGE PREPAID.
10.6.
SURRENDER AND HOLDOVER.
UPON TERMINATION OF THIS LEASE FOR ANY
REASON WHATSOEVER, TENANT SHALL SURRENDER THE DEMISED PREMISES AND KEYS THEREOF
TO LANDLORD IN THE SAME CONDITION AS AT THE COMMENCEMENT DATE, NORMAL WEAR, TEAR
AND OTHER CASUALTY EXCEPTED.
SHOULD TENANT REFUSE OR FAIL TO SURRENDER THE
DEMISED PREMISES UPON EXPIRATION OF THE TERM OR EARLIER TERMINATION THEREOF,
TENANT SHALL BE A TENANT AT SUFFERANCE AND SHALL PAY TO LANDLORD AS LIQUIDATED
DAMAGES ON DEMAND EACH MONTH DURING SUCH HOLDOVER PERIOD A SUM EQUAL TO (I) ONE
HUNDRED FIFTY PERCENT (150%) OF THE MINIMUM ANNUAL RENT DUE DURING THE LAST
MONTH OF THE TERM HEREUNDER, PLUS (II) ALL ADDITIONAL RENT AND OTHER SUMS AND
CHARGES PAYABLE HEREUNDER.
IN THE EVENT OF ANY UNAUTHORIZED HOLDING OVER,
TENANT SHALL INDEMNIFY LANDLORD AGAINST ALL CLAIMS FOR DAMAGES BY ANY OTHER
TENANT TO WHOM LANDLORD MAY HAVE LEASED ALL OR ANY PART OF THE DEMISED PREMISES
EFFECTIVE UPON THE TERMINATION OF THE TERM (INCLUDING DAMAGES BY REASON OF
LANDLORD'S INABILITY TO HAVE ACCESS TO THE DEMISED PREMISES UPON THE TERMINATION
OF THE TERM EVEN IF THE LEASE WITH A NEW TENANT OF ALL OR ANY PART OF THE
DEMISED PREMISES DOES NOT COMMENCE UNTIL SOMETIME THEREAFTER).
If Tenant remains in possession after the expiration of the Term with Landlord's
acquiescence and without any written agreement of the parties, Tenant shall be a
Tenant at will, there shall be no renewal of this Lease by operation of law, and
all of the provisions in the immediately preceding paragraph (including the
provisions therein with respect to the payment of Minimum Annual Rent,
Additional Rent and other sums and charges) shall be fully applicable during
such holdover.
Notwithstanding the notice provision of the Official Code of
Georgia Annotated Section 44-7-7, as the same may be now or hereafter amended
such tenancy at will may be terminated upon thirty (30) days notice from
Landlord or Tenant.
17
10.7.
LEASE FORM.
IF ANY TERM OR PROVISION OF THE LEASE OR THE
APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL, TO ANY EXTENT, BE
INVALID OR UNENFORCEABLE, THE