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Docusign Ewelope ID; E21E9717-482B-42A9-8fi& -r-4952ES743G1 or for the payment of any amaant which Landkprd may spend or become obiigated to spend by reasort of Ter=ts' default, ar to cornFensate Landlord for any after sass ar damage which Landlord may suffer by season of Tenants' default. if any portion of said deposit is so used or applied. Tema shall within live (5) days after vwritten ci=alnd therefor, deposit cash with Landlord in an anioumt sufficiew to restore the secmi ' deposit to its origi€tal amount and T=xis' faflure to do shah lee a material breach of this Lease. Landlord shall not be required to keep this security so deposit separate from its general firnds, and Tetrants shall not be entitled to inter+mst on such m3edcosit. if Tenants shali fWly and faithfully perform every provision of ttds Lease to be the MtydeNsit or and' balance thereof shall be mftmted to Tenants or, at Landlord's option, to the la A assignee OfTcnams' interest fader, at the expirationDf the Lease term. SM60B 3M First and Last Months, Rent Upon execution of this Lease Tenants, sb w pay to Landlord the first manthx s ban reut 9f ,875.00 in advance and shall also pay the. The first mouf's rent stuff] be applied to Tenants' initial rent obligation on receipt. Landlord shah hold the last mortth's rent UrAil the end of the rental term, and then apply it to the final mOnth's rent the actual amount of rents due and owing for tE Dist month of the tenancy, Lan lord shall nOt be requited to keep the last month's rent deposit separate &OM its general funds, and Tenants shall not be entitled to i =st on mcit dVosit. ARTICLE 4 USE Section 4.01 Tenants shall use the Dew Prosy for and shall not suffer or permit any Person (including any subtenants) to use the Demised Property other than€`or a retail automobile fuel sales and a convenience stare. Section 4.02 Nom iffistaa&ng any other MvWG11 of this Article, Tenants shall not use, or suffer or permit any Person (ir luding any subten ts) to use, the Demised Property or any portion thereof for any puzpose in violation of any applicable Law, or in violation of any covenants or restrictions of record. From the omnje= rent Date and thereat r throughout the Lease Tetra, Tenants shall conduct its business in a commercially reasonable and reputable manner with respect to the Demised Property and in cOmPharl0e with the terms and provisions of this Lease. The character of the occupancy of the Demised Property is an additional cottsideraption and a material inducen=t for the 93nting of this Lease by Landlord to Tm=ts. Section 4.fi3 Without Ltmitatior4 no provision of tWs Article. 4 shaH limit any of the covenants Of Tenants contained in Article 2 .. ARTICLE 5 PEEWORMAN E oF oBj LGATllf l = ACCEp')['A F DENUSED PROPERTY FF Te 9s. hereby represent, warmt and covenant to Landlord that Te=ts have the right and lawful authority to enter into this Lease and perform Tenants' obligations hereunder. Tenants acknowledges that they have (a) had access to the Dernised Prope€rl' prior €o execution of this Lease, (b) had the oppart m'ty to perform all tests, studies, 4spectiorrs and investigations (including any 'nvestigadens re&wd4 zoning and use issues regarding the Demised pert if desired, and (c) evaluated the Demised Property as to the Demised Property's suitability for Tenants' intended Page J of 39