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Contractor's expense such books and records. 'Ibis Section 2 (b) shall survIve the exprranon, termination or revocation of the License and this Agreement. (c) Contractor shall post with the Kmart Store manager a deposit of twenty percent (20%) of the aggregate Fee for the entire Term, or $1,500.00, whichever is greater ("Deposit''), which Deposit shall be forwarded to Kmart. Any law or statute to the contrary (which Contractor hereby waives), the Deposit shall not be required to be held in any separate account and no interest shall accrue in favor of or be payable to Contractor with respect to the Deposit. The Deposit shall be held for and used to secure Contractor's full and faithful performance of this Agreement, including, without limitation, the restoration upon surrender under Sections 5(b) and 5(c). The Deposit may be used by Kmart in the event of any default under this Agreement, including, without limitation, Sections 5(b) and S(c). Any unused portion of the Deposit shall be returned to Contractor in the form of a check within sixty (60) days after the expiration or termination of this Agreement. " "'-)i All Fees and the Deposit payable hereunder shall be paid by check (ba.::J.:ed by sufficient- immediately-available fimds) or money order, made payable to ''Kmart Corporation." No cash pavrnents shall be allowed. 3. Operations. (a) Contractor shall. use its best efforts to successfully promote, furnish and conduct the Event., subject to Kmart's prior approval of Contractor's activities. In this regard, Contractor shall keep the Event open to the public, fully stocked and appropriately staffed, at all times during the Event Hours and neither longer nor shorter. Contractor shall not conduct business or have employees, agents or suppliers at the Kmart Premises at any time during which the Kmart Store is not open to the public. Contractor shall furnish all employees and, if applicable, ticket sellers necessary for the Event. (b) Contractor shall be responsible for arranging all items, equipment and other property necessary for the Event. Contractor will maintain its own cash register(s) and other payment systems, and shall prompdy and timely pay all applicable taxes. Contractor shall not erect or install any structure or fixture which is permanent or alters or damages any portion of the Kmart Premises, including, without limitation, the parking lot or Kmart's property. HoweverT Contractor may secure temporary enclosures to paving, if the installation of such enclosure is specifically approved before installation by the Kmart Store manager and provided that Contractor shall maintain, repair and restore as provided in Section 5. (c) Prior to commencing the Event, Contractor shall obtain at its sole cost and r .r:rush to Kmart all state, county and municipal approvals, permits and licenses and all private approvals necessary for the conduct of the Event. (d) Contractor shall comply with all laws, ordinances, statutes, rules and regulations applicable to the Event and the use of the Promotional Area. Contractor shall also comply with rules and standards set by Kmart. Contractor may not post or distribute any advertising or other materials on any portion of the Kmart Premises, other than stricdy within the Promotional Area. Contractor shall comply with Kmart's other security and safety rules and provide adequate security during the Event. 3