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<br />which would be required to be paid for the full year as the number of days of such year which elapsed after <br />commencement or prior to termination of this Lease, as the case may be, bears to the full year. <br /> <br />Section 17.3. Definitions. As used in Section 17.2, 17.3, and 17.4, the term, "Tenant's Share" shall be deemed to <br />be a fraction having as its numerator the number of square feet of area included in the Demised Premises and having <br />as its denominator the total number of square feet of all rentable store space in the Shopping Center (excluding any <br />portion of the Shopping Center being separately insured or assessed) at the beginning of each calendar year. <br /> <br />ARTICLE XVIII <br /> <br />Section 18.1. EARLY TERMINATION. The Sixty (60) month term of this lease is contingent upon continued <br />funding by the Texas Department of State Health Services and the City of San Marcos, at a funding reimbursement <br />level of one hundred percent of Tenant' s WIC Program in San Marcos, Texas. Ifthe Department of Health cancels <br />Tenant's WIC Program funding prior to the expiration of the Lease term, the Lease term will be adjusted to expire <br />concurrently with the end of the program's funding. Cancellation of funding by the Sate and the subsequent early <br />termination of the Lease by the Tenant does not constitute an Event of Default by Tenant and the penalties for <br />default outlined in this Lease are not applicable. The Tenant agrees to give Landlord notice offunding cancellation <br />within 15 days of notification by State. <br /> <br />Section 18.2. Security Deposit. Upon the execution hereof, Tenant shall pay to Landlord; the sum stated in <br />Section 1, l(p) above to be held by Landlord as security for the performance by Tenant of Tenant's covenants and <br />obligations under this Lease, it being expressly understood that such deposit may be co-mingled with Landlord's <br />other funds and is not an advance payment of rental or a measure of Landlord's damages in case of default by Tenant <br />upon the occurrence of any event of default by Tenant. <br /> <br />Landlord may, from time to time, without prejudice to any other remedies provided herein or provided by law, use <br />such fund to the extent necessary to make good any arrears of rentals and any other damage, injury, expense or <br />liability caused to Landlord by such event of default, and Tenant shall pay to Landlord on demand the amount so <br />applied in order to restore the security deposit to its original amount. <br /> <br />Upon expiration of the lease as defined above in Section 1.1 (i), or by early termination as set forth above in Section <br />17.1, Landlord will return security deposit to Tenant within 30 days after Tenant has vacated the leased premises, <br />less any amounts used from the Security Deposit due to dmage or liability of the Tenant. <br /> <br />Section 18.3 Renewal. By written notice served ninety days prior to the expiration of this lease, as defined <br />above in 1.1 (i) Landlord and Tenant may renew this lease, under the same terms and conditions as appear herein, for <br />an additional 60 months by execution of an addendum to this lease setting forth the new term and the new lease <br />rate(s), including new rates for Common Area Maintenance to cover said period. <br /> <br />ARTICLE XIX. <br /> <br />Section 19.1. Bankruptcy. If Tenant or any guarantor ofthis Lease shall become bankrupt or insolvent or unable <br />to pay its debts as such become due, or file any debtor proceedings; or if Tenant or any such guarantor shall file or <br />have filed against either party in any Court pursuant to any statute either of the United States or of any state a <br />petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a <br />portion of Tenant's or any such guarantor's property, or if Tenant or any such guarantor makes an assignment for the <br />benefit of creditors, or partitions for or enters into an arrangement, then this Lease shall terminate and Landlord, in <br /> <br />INITIALS~1" t\Cn <br />~() <br />