This Rental Agreement is not subject to cancellation, change or modification by Tenant (collectively, “Default”) and all rental monies received from Tenant are NON-REFUNDABLE; provided however, that if Tenant Defaults, Tenant may be entitled to a partial refund but any such refund is contingent upon the re-renting of the Premises for the same dates and rate, less all costs, direct or indirect, incurred by Transaction Broker with re-renting. The acceptance of any advance monies by the Transaction Broker or Owner shall not make either responsible or liable should the Premises become unavailable for any reason beyond the control of the Owner or Transaction Broker. It is a condition of this Rental Agreement that (a) all rental monies will be released to Owner and Transaction Broker upon receipt of each deposit (excluding the Security/Damage Deposit) and (b) that Transaction Broker’s services shall be deemed fully performed upon receipt of the Initial Deposit.