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36. ALTERNATE PROVISIONS IN THE EVENT OF INABILITY TO <br /> OBTAIN LICENSE, <br /> If des'pite Tenant's best efforts,, thereafter to secure a retail liquor license by the <br /> Commonwealth-of Massachusetts and the Town of Mashpee, said license is not approved <br /> by July 1, 2020, Landlord will offer Tenant the alternate terms for the previously set forth <br /> Paragraph 3 as set forth herein. Best efforts being defined as submission of a completed <br /> liquor license application to the proper authorities within 20 days of execution of thi's <br /> lease and reasonable follow up efforts. The alternate provision of Paragraph 3 shall read <br /> as follows: <br /> (A) DEPOSIT <br /> The Landlord acknowledges receipt of a security deposit in the amount of <br /> $1,5 0 0.00. This deposit shall guarantee the Tenant a lease of the <br /> Premises,, as described in Section 1. Furthermore, said deposit may be <br /> used as a guarantee of any funds due Landlord, including late fees, <br /> account balances and excess rents. In the event that the Tenant adheres to <br /> all of the terms, conditions, covenants and obligations set forth in this <br /> lease,, the deposit shall be returned to Tenant no later than November 30 <br /> 2020, <br /> (B) RENT <br /> Rents are due to Landlord for all dates of operation including sale's made <br /> before or after the minimum term of the lease. <br /> Tenant agrees to pay Landlord rent at the minimum rate of $3.50 per <br /> square foot, plus 2% of the gross sales in excess of $150,000.00. The <br /> Tenant shall promptly pay all rent herein prescribed. The terns of the <br /> minimum payment shall be as follows for the rent of L5820.50 <br /> $29500,00 due on the signing of the lease ($1,500.00 security <br /> deposit& $1,000.00 rent) <br /> $1,500,00 due on June 1, 2020 <br /> 15 <br />