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including, but not limited to provisions relating to the payment of Rent, taxes, performance of <br /> repairs and maintenance or other payments required of Tenants, Landlord may, but shall not be <br /> required to, use, apply or retain all or any part of this Security Deposit for the payment of any <br /> rent or any other sum in default, or for the payment of any amount which Landlord may spend or <br /> become obligated to spend by reason of Tenants' default, or to compensate Landlord for any <br /> other loss or damage which Landlord may suffer by reason of Tenants' default. If any portion of <br /> said deposit is so used or applied, Tenants shall within five (5) days after written demand <br /> therefor, deposit cash with Landlord in an amount sufficient to restore the security deposit to its <br /> original amount and Tenants' failure to do so shall be a material breach of this Lease. Landlord <br /> shall not be required to keep this security deposit separate from its general funds, and Tenants <br /> shall not be entitled to interest on such deposit. If Tenants shall fully and faithfully perform <br /> every provision of this Lease to be performed by it, the security deposit or any balance thereof <br /> shall be returned to Tenants or, at Landlord's option, to the last assignee of Tenants' interest <br /> hereunder, at the expiration of the Lease term. <br /> Section 3.05 First and Last Months' Rent <br /> Upon execution of this Lease Tenants shall pay to Landlord the first month's base rent <br /> of $9,500.00 in advance and shall also pay the additional sum of $9,500.00 for the last <br /> month's rent that shall be prorated when the last month arrives to the actual amount. The <br /> first month's rent shall be applied to Tenants' initial rent obligation on receipt. Landlord shall <br /> hold the last month's rent until the end of the rental term, and then apply it to the final month's <br /> rent. Tenants will be obliged to pay the difference between the last month's deposit of$9,500.00 <br /> and the actual amount of rents due and owing for the last month of the tenancy. Landlord shall <br /> not be required to keep the last month's rent deposit separate from its general funds, and Tenants <br /> shall not be entitled to interest on such deposit. <br /> ARTICLE 4 USE <br /> Section 4.01 Tenants shall use the Demised Property for and shall not suffer or permit <br /> any Person (including any subtenants) to use the Demised Property other than for a retail <br /> automobile fuel sales and a convenience store. <br /> Section 4.02 Notwithstanding any other provision of this Article, Tenants shall not use, <br /> or suffer or permit any Person (including any subtenants) to use, the Demised Property or any <br /> portion thereof for any purpose in violation of any applicable Law, or in violation of any <br /> covenants or restrictions of record. From the Commencement Date and thereafter throughout the <br /> Lease Term, Tenants shall conduct its business in a commercially reasonable and reputable <br /> manner with respect to the Demised Property and in compliance with the terms and provisions of <br /> this Lease. The character of the occupancy of the Demised Property is an additional <br /> consideration and a material inducement for the granting of this Lease by Landlord to Tenants. <br /> Section 4.03 Without limitation, no provision of this Article 4 shall limit any of the <br /> covenants of Tenants contained in Article 22. <br /> 6 <br />