Common use of Security Deposit Clause in Contracts

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilled.

Appears in 6 contracts

Samples: Immudyne, Inc., Lease (Limelight Networks, Inc.), Commencement Agreement (Biotel Inc.)

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Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's ’s damage in case of Tenant's ’s default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's ’s failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's ’s obligations under this Lease have been fulfilled.

Appears in 5 contracts

Samples: Office Lease (Schrodinger, Inc.), Lease (Power Solutions International, Inc.), Lease (Sed International Holdings Inc)

Security Deposit. 22.1 Tenant shall deposit has deposited the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful full, faithful, and timely performance by Tenant of all the terms, covenants and conditions every provision of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, including but not limited to the provisions relating to the payment of Rent, Landlord may use but shall not be obligated to use, apply, or retain all or any part of the Security Deposit for the payment of any rent Rent, or any other sum in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of the Security Deposit is so used, applied, or retained, Tenant shall within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Leaseamount. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositthe Security Deposit. The Security Deposit shall not be deemed a limitation on Landlord's damages or a payment of liquidated damages or a payment of the Monthly Rent due for the last month of the Term. If Tenant shall fully fully, faithfully, and faithfully perform timely performs every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall of the Security Deposit will be returned to Tenant at such time within sixty (60) days after termination the expiration of this Lease when the Term. Landlord shall have determined that all of Tenant's obligations the right to deliver the funds deposited under this Lease by Tenant to the purchaser of the Building in the event the Building is sold, and after such time Landlord shall have been fulfilledno further liability to Tenant with respect to the Security Deposit.

Appears in 4 contracts

Samples: Lease Agreement (World Wide Magic Net Inc), Lease Agreement (World Wide Magic Net Inc), Lease Agreement (World Wide Magic Net Inc)

Security Deposit. Tenant shall deposit the Security Deposit Concurrently with Landlord upon the its execution of this Lease. Said sum shall be held by , Tenant will deliver to Landlord as security the Security Deposit for the faithful performance by Tenant of all the terms, covenants every covenant and conditions condition of this Lease to Lease. The deposit may be kept commingled with other funds of Landlord and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultwill bear no interest. If Tenant defaults with respect to any provision covenant or condition of this Lease, Landlord including but not limited to the payment of Rent or any other charges, Landlord, at Landlord's option, may use apply the whole or any part of the Security Deposit for security deposit to the payment of any rent sum in default or any other sum in default, or for the payment of any amount which that Landlord may spend or become obligated be required to spend by reason of Tenant's default, . If Landlord elects to apply the whole or to compensate Landlord for any other loss or damage which Landlord may suffer by reason part of Tenant's security deposit to the payment of any sum, Landlord may do so without waiver of any Tenant default, and Landlord may demand that Tenant deliver a sum equal to the amount so applied by Landlord. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach deliver the sum to replenish Tenant's security deposit within ten (10) days following delivery of written demand by Landlord will constitute an additional default by Tenant under this Lease. If Tenant complies with all of the covenants and conditions of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall remaining will be returned to Tenant at such time after termination within 14 days of this Lease when Landlord shall have determined that all the expiration of Tenant's obligations under this Lease have been fulfilledthe term hereof.

Appears in 4 contracts

Samples: Office Lease Agreement (Vestin Group Inc), Office Lease Agreement (Vestin Group Inc), Office Lease Agreement (Vestin Group Inc)

Security Deposit. (a) Tenant shall deposit with Landlord upon Xxxxxx's execution hereof the Security Deposit with Landlord upon the execution set forth in Paragraph 1.6 of this Lease. Said sum shall be held by Landlord lease as security for the Tenant's faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultobligations under this lease. If Tenant fails to pay Base Rent or Additional Rent or otherwise defaults with respect to under this lease, and such failure or default by Tenant continues after the giving of all required notices by Landlord and the expiration of all applicable cure periods, then and in any provision of this Leasesuch event, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which due Landlord may spend or become obligated to spend by reason of Tenant's default, or to reimburse or compensate Landlord for any other liability, cost, expense, loss or damage (including reasonable attorney's fees) which Landlord may suffer or incur by reason of Tenant's defaultthereof. If any portion is so used, Tenant shall within five (5) days after written on demand therefor, deposit with pay Landlord an the amount sufficient so used or applied so as to restore the Security Deposit to its original the amount and Tenant's failure to do so shall be a material breach set forth in Paragraph 1.6 of this Leaselease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep all or any part of the Security Deposit separate from its general fundsin an interest bearing account. Landlord shall, at the expiration or earlier termination of the Term and after Xxxxxx has vacated the demised premises, return to Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision that portion of this Lease to be performed by it, the Security Deposit not used or any balance thereof applied by Landlord. No part of the Security Deposit shall be returned considered to be prepayment for any monies to be paid by Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledlease.

Appears in 3 contracts

Samples: Warehouse Lease, Warehouse Lease, Warehouse Lease

Security Deposit. Tenant shall deposit the Security Deposit has deposited with Landlord upon the execution sum of this Lease. Said sum shall be held by Landlord ZERO DOLLARS as security for the full and faithful performance by Tenant of all the terms, covenants and conditions every provision of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, including, but not limited to the provisions relating to the payment of Fixed Base Rent, additional rent and other charges, Landlord may use use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any such rent or any other sum in default, or for the payment payments of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so usedused or applied, Tenant shall shall, within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount amount, and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant without interest at such time after termination the expiration of this the Lease when Landlord shall have determined that all of Term and upon Tenant's obligations under this Lease have been fulfilledvacation of the Premises.

Appears in 3 contracts

Samples: Lease Agreement (Dominion Homes Inc), Lease Agreement (Dominion Homes Inc), Lease Agreement (Dominion Homes Inc)

Security Deposit. (a) Tenant shall deposit with Landlord upon Tenant's execution hereof the Security Deposit with Landlord upon the execution set forth in Paragraph 1.6 of this Lease. Said sum shall be held by Landlord lease as security for the Tenant's faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultobligations under this lease. If Tenant fails to pay Base Rent or Additional Rent or otherwise defaults with respect to under this lease, and such failure or default by Tenant continues after the giving of all required notices by Landlord and the expiration of all applicable cure periods, then and in any provision of this Leasesuch event, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which due Landlord may spend or become obligated to spend by reason of Tenant's default, or to reimburse or compensate Landlord for any other liability, cost, expense, loss or damage (including reasonable attorney's fees) which Landlord may suffer or incur by reason of Tenant's defaultthereof. If any portion is so used, Tenant shall within five (5) days after written on demand therefor, deposit with pay Landlord an the amount sufficient so used or applied so as to restore the Security Deposit to its original the amount and Tenant's failure to do so shall be a material breach set forth in Paragraph 1.6 of this Leaselease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep all or any part of the Security Deposit separate from its general fundsin an interest bearing account. Landlord shall, at the expiration or earlier termination of the Term and after Tenant shall not be entitled has vacated the demised premises, return to interest on such deposit. If Tenant shall fully and faithfully perform every provision that portion of this Lease to be performed by it, the Security Deposit not used or any balance thereof applied by Landlord. No part of the Security Deposit shall be returned considered to be prepayment for any monies to be paid by Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledlease.

Appears in 3 contracts

Samples: Warehouse Lease, Warehouse Lease, Warehouse Lease

Security Deposit. Tenant shall agrees to deposit the Security Deposit with Landlord upon the execution sum of this Lease. Said Fifty Thousand ($50,000.00) Dollars, which sum shall be held by Landlord Landlord, without liability for interest, as security for the faithful performance by Tenant of all the termsTenant’s obligations under this Lease, covenants it being expressly understood and conditions of agreed that this Lease to be kept and performed by Tenant and security deposit is not as an advance rental deposit deposit, or as a measure of Landlord's damage ’s damages in case of Tenant's ’s default. If Upon each occurrence of a Tenant defaults with respect to any provision of this LeaseDefault (hereinafter defined), Landlord may use any all or part of the Security Deposit for security deposit to pay past due rent or other payments due Landlord under this Lease, and the payment cost of any rent other damage, injury, expense or liability caused by such Tenant Default without prejudice to any other sum in default, remedy provided herein or for the payment of any amount which Landlord may spend or become obligated to spend provided by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultlaw. If any portion is so usedOn demand, Tenant shall pay Landlord the amount that will restore the security deposit to its original amount. The security deposit shall be deemed the property of Tenant and any remaining balance of such security deposit not used by the Landlord pursuant to this Lease shall be returned by Landlord to Tenant within five sixty (560) days after written demand therefor, deposit with Landlord an amount sufficient Tenant’s obligations under the Lease have been fulfilled. Notwithstanding any terms or provisions hereof to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by itcontrary, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of in the event that Tenant terminates this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledin accordance with its terms.

Appears in 3 contracts

Samples: Lease Agreement, Confidential Treatment (VCG Holding Corp), Ground Lease Agreement (VCG Holding Corp)

Security Deposit. Tenant shall deposit $115,083.33 payable on the Effective Date (the “Security Deposit”). Upon the occurrence of any Event of Default (as hereinafter defined) by Tenant, Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit with paid to Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant as herein provided to the extent necessary to make good any arrears of all the termsRent (as hereinafter defined) and any other damage, covenants and conditions injury, expense or liability caused to Landlord by such Event of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultDefault. If Tenant defaults with respect to Following any provision of this Lease, Landlord may use any part such application of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedDeposit, Tenant shall within five (5) days after written pay to Landlord on demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit to its original the amount and Tenant's failure thereof existing prior to do so such application. Any remaining balance of the Security Deposit shall be a material breach returned by Landlord to Tenant within thirty (30) days after the termination of this Lease. Except to such extentLease Agreement; provided, if any, as shall be required by lawhowever, Landlord shall have the right to retain and expend such remaining balance (a) to reimburse Landlord for any and all rentals or other sums due hereunder that have not be required been paid in full by Tenant and/or (b) reasonable costs for cleaning and repairing the Leased Premises if Tenant shall fail to keep deliver same at the Security Deposit separate from its general funds, termination of this Lease in a broom clean condition and otherwise in accordance with the terms and conditions of this Lease Agreement. Tenant shall not be entitled to any interest on such the security deposit. If Tenant Such security deposit shall fully and faithfully perform every provision not be considered an advance payment of this Lease to be performed rental or a measure of Landlord’s damages in case of an Event of Default by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilled.

Appears in 3 contracts

Samples: Lease Agreement (Foundation Healthcare, Inc.), Lease Agreement (University General Health System, Inc.), Lease Agreement (University General Health System, Inc.)

Security Deposit. Tenant shall deposit the The Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord without liability for interest and as security for the faithful performance by Tenant of all the terms, Tenant's covenants and conditions of obligations under this Lease including but not limited to those set forth in Section 10 hereof, it being expressly understood that the Security Deposit shall not be kept and performed by Tenant and not as considered an advance rental deposit payment of Rent or as a measure of LandlordTenant's damage liability for damages in case of default by Tenant's default. If Tenant defaults Landlord shall have no fiduciary responsibilities or trust obligations whatsoever with respect regard to the Security Deposit and shall not assume the duties of a trustee for the Security Deposit. Landlord may, from time-to-time, without prejudice to any provision other remedy and without waiving such default, use the Security Deposit to the extent necessary to cure or attempt to cure, in whole or in part, any default of this Lease, Landlord may use Tenant hereunder. Following any part such application of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedDeposit, Tenant shall within five (5) days after written pay to Landlord on demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach amount. If Tenant is not in default at the termination of this Lease, the balance of the Security Deposit remaining after any such application shall be returned by Landlord to Tenant within sixty (60) days thereafter. Except If Landlord transfers its interest in the Premises during the term of this Lease, Landlord may assign the Security Deposit to the transferee and thereafter shall have no further liability for the return of such Security Deposit. Tenant agrees to look solely to such extent, if any, as transferee or assignee or successor thereof for the return of the Security Deposit. Landlord and its successors and assigns shall not be required bound by law, any actual or attempted assignment or encumbrance of the Security Deposit by Tenant. Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledother accounts.

Appears in 3 contracts

Samples: Lease (MRS Fields Financing Co Inc), Office Lease Agreement, Office Lease Agreement (Integrated Information Systems Inc)

Security Deposit. 6.1 Tenant shall agrees to deposit the Security Deposit with Landlord upon on the execution of date it executes this Lease. Said Lease an amount equal to the monthly Rent which sum shall be held by Landlord Landlord, without obligation for interest, as security for the full, timely and faithful performance by Tenant of all the terms, Tenant's covenants and conditions of obligations under this Lease to be kept lease, it being expressly understood and performed by Tenant and agreed that such deposit is not as an advance rental deposit or as a measure of Landlord's damage damages in case of Tenant's default. If Tenant defaults with respect Upon the occurrence of any event of default by Tenant, Landlord may, from time to time, without prejudice to any provision other remedy provided herein or provided by law, use such fund to the extent necessary to make good any arrears of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or other payments due Landlord hereunder, and any other sum in defaultdamage, injury, expense or for the payment of liability caused by any amount which Landlord may spend or become obligated to spend by reason event of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, ; and Tenant shall within five (5) days after written pay to Landlord on demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so amount. Although the security deposit shall be a material breach deemed the property of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general fundsLandlord, and Tenant shall not be entitled to interest on remaining balance of such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof deposit shall be returned by landlord to Tenant at such time after termination of this Lease lease when Landlord shall have determined that all of Tenant's obligations under this Lease lease have been fulfilled. Subject to the other terms and conditions contained in this lease, if the Building is conveyed by Landlord, said deposit may be turned over to Landlord's grantee, and if so, Tenant hereby releases Landlord from any and all liability with respect to said deposit and its application or return.

Appears in 3 contracts

Samples: Lease (Williams Communications Group Inc), Lease (Williams Communications Group Inc), Lease (Williams Communications Group Inc)

Security Deposit. As of the Lease Date, Tenant shall deposit has deposited the Security Deposit with Landlord upon the execution referred to in Article 1 of this Lease. Said sum shall be held by Lease with Landlord as security for the faithful full, faithful, and timely performance by Tenant of all the terms, covenants and conditions every provision of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults an Event of Default occurs with respect to any provision of this Lease, including but not limited to the provisions relating to the payment of Rent, Landlord may use use, apply, or retain all or any part of the Security Deposit for the payment of any rent Rent, or any other sum in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion of the Security Deposit is so used, applied, or retained, Tenant shall shall, within five (5) days after written demand therefordemand, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Leaseamount. Except to such extent, if any, as shall be required by law, Landlord shall will not be required to keep the Security Deposit separate from its general funds, and Tenant shall will not be entitled to interest on such depositthe Security Deposit. If Tenant The Security Deposit shall fully and faithfully perform every provision not be deemed a limitation on Landlord’s damages or a payment of this Lease to be performed by itliquidated damages or a payment of the Base Rent due for the last month of the Term. The Security Deposit, or any balance of the Security Deposit after application or any balance thereof shall retention as described herein, will be returned to Tenant at such time within 45 days after termination the expiration of this Lease when the Term. Landlord shall have determined that all of Tenant's obligations may deliver the funds deposited under this Lease by Tenant to the purchaser of the Building in the event the Building is sold, and after such time Landlord will have been fulfilledno further liability to Tenant with respect to the Security Deposit.

Appears in 3 contracts

Samples: Office Lease (Blue Water Acquisition Corp.), Office Lease (Clarus Therapeutics Inc), Office Lease (Clarus Therapeutics Inc)

Security Deposit. Tenant shall deposit the Security Deposit has deposited with Landlord upon the execution sum of this Lease. Said THIRTY-SEVEN THOUSAND ONE HUNDRED SIXTY-FOUR AND NO/HUNDREDTHS DOLLARS ($317,164.00), which sum and shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants covenants, and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultduring the term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to the provisions relating to the payment of rent, Landlord may use (but shall not be required to) use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so usedused or applied, Tenant shall within five seven (57) business days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or, at such time after termination of this Lease when Landlord shall have determined that all Landlord's option, to the last assignee of Tenant's obligations under interest hereunder) at the expiration of the Lease term. In the event of termination of Landlord's interest in this Lease have been fulfilledLease, Landlord shall transfer said deposit to Landlord's successor in interest.

Appears in 2 contracts

Samples: Quokka Sports Inc, Quokka Sports Inc

Security Deposit. Tenant The Security Deposit is due upon execution of the Lease. Landlord shall deposit hold the Security Deposit with without liability for interest and as security for the performance by Tenant of Tenant’s obligations under this Lease. Tenant agrees that such deposit will not be considered an advance payment of rental or a measure of Landlord’s damages in case of default by Tenant. Landlord upon the execution may, from time to time, without prejudice to any other remedy, use such deposit to make good any arrearage in any amount due hereunder and to reimburse Landlord for any other damage, injury, expense or liability caused to Landlord by any breach of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to Following any provision of this Lease, Landlord may use any part such application of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedDeposit, Tenant shall within five (5) days after written pay to Landlord on demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit to its original amount and Tenant's failure to do so amount. If Tenant is not then in default hereunder, one-half (1/2) of any remaining balance of the Security Deposit shall be returned by Landlord to Tenant within a material breach reasonable period of time after the expiration of this Lease. Except to such extent, if any, as The balance of the Security Deposit shall be required held by lawLandlord until final computation of any sums (such as Excess Operating Expenses) which Tenant may owe under this Lease. If Landlord transfers its interest in the Premises during the Lease Term, Landlord may assign the Security Deposit to the transferee and thereafter shall have no further liability for the return of the Security Deposit, provide such transferee assumes such liability. Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilled.

Appears in 2 contracts

Samples: Office Building Lease Agreement (Vivint Solar, Inc.), Office Building Lease Agreement (Vivint Solar, Inc.)

Security Deposit. Tenant shall deposit the Security Deposit Concurrently with Landlord upon the Tenant's execution of this Lease, Tenant has deposited with Landlord the Security Deposit in the amount set forth in the Section 1.1(k). Said sum Security Deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants covenants, and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultduring the Term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to the provisions relating to the payment of Rent, Landlord may use (but shall not be required to) use, apply or retain all or any part of the this Security Deposit for the payment of any rent Rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said Security Deposit is so usedused or applied, Tenant shall shall, within five (5) days after written demand therefortherefore, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of default under this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositSecurity Deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or, at such time after termination of this Lease when Landlord shall have determined that all Landlord's option, to the last assignee of Tenant's obligations under interest hereunder) within thirty days following expiration of the Term. In the event of termination of Landlord's interest in this Lease have been fulfilledLease, Landlord shall transfer said Security Deposit to Landlord's successor in interest.

Appears in 2 contracts

Samples: Retail Lease Agreement, Retail Lease Agreement

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon on the execution date of this Lease, as security for the performance of all of its obligations an amount equal to one month’s installment of Basic Rent (the “Security Deposit”). Said sum The Security Deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default’s obligations under this Lease. If Tenant defaults with respect fails to make any provision payment as and when due under this Lease, or otherwise fails to perform any of its obligations under this Lease, Landlord may use (but shall not be obligated to) use, apply or retain all or any part portion of the Security Deposit Deposit: (i) against any such payment(s) which Tenant failed to make; (ii) for the payment of any rent or any other sum in default, or for the payment of any amount to which Landlord may spend or become obligated to spend by reason of Tenant's default, ’s failure to perform; or (iii) to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultthereby; so long as the foregoing is done in compliance with applicable law. If Landlord so uses or applies all or any portion is so usedof the Security Deposit, Tenant shall within five (5) business days after written demand therefor, notice shall deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original the full amount required above and Tenant's ’s failure to do so shall be a material breach constitute an Event of Default under this Lease. The Security Deposit, or so much thereof as has not theretofore been applied by Landlord pursuant to the terms of this Lease. Except , shall be returned, without payment of interest, to such extentTenant (or, at Landlord’s option, to the last assignee, if any, as shall be required by law, of Tenant’s interest under this Lease within a reasonable period of time after the end of the Term. Landlord shall not be required to keep the Security Deposit separate from its general fundsaccounts, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of no trust relationship is created in this Lease between Landlord and Tenant with respect to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledDeposit.

Appears in 2 contracts

Samples: Lease Agreement (Pacific Biometrics Inc), Lease Agreement (Pacific Biometrics Inc)

Security Deposit. Tenant shall deposit the The Security Deposit with set forth in Paragraph 1, if any, shall secure the performance of the Tenant’s obligations hereunder. Landlord upon the execution of this Lease. Said sum may, but shall not be held by Landlord as security for the faithful performance by Tenant of obligated to, apply all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part portions of the Security Deposit for on account of Xxxxxx’s obligations hereunder. In the payment event that Landlord applies all or a portion of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated Security Deposit to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used’s obligations hereunder, Tenant shall be obligated, within five (5) 30 days after written demand thereforof receipt of notice from Landlord, to deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original the full amount and Tenant's failure stated in Paragraph 1 above. Failure to do so deposit such cash shall be a material breach default under the Terms of this Lease. Except Provided Tenant is not in default, any balance remaining upon termination shall be returned to Tenant. Tenant shall not have the right to apply the Security Deposit in payment of the last month’s Rent. No interest shall be paid by Landlord on the Security Deposit. In the event of a sale of the Project, Landlord shall have the right to transfer the Security Deposit to the purchaser, upon such transfer Landlord shall have no further liability with respect thereto, and Xxxxxx agrees to look solely to such extent, if any, as shall be required by law, purchaser for the return of the Security Deposit. Landlord shall not be required to keep the Security Deposit separate from its general fundsin a segregated account, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall may be returned commingled with other funds of Landlord. The Landlord agrees that the Tenant may in lieu of a cash Security Deposit may post a letter of credit provided by a financial institution reasonably acceptable to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledthe Landlord.

Appears in 2 contracts

Samples: Office Lease (Ameriquest, Inc.), Office Lease (Ameriquest, Inc.)

Security Deposit. Tenant shall deposit has deposited with Landlord the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the full and faithful performance by Tenant of all the terms, covenants and conditions every provision of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, including payment of the Rent, Landlord may use use, apply or retain all or any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's defaultRent, or to compensate Landlord for any other loss loss, cost or damage which Landlord may suffer by reason of Tenant's default. If any portion of the Security Deposit is so usedused or applied, Tenant shall shall, within five (5) days after written demand therefornotice thereof, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount amount, and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled nor pay interest to interest on such depositTenant. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination the expiration of this Lease when the Term and upon Tenant's vacation of the Premises. If the Building is sold, the Security Deposit may be transferred to the new owner, and Landlord shall have determined that all be discharged from further liability with respect thereto. The Security Deposit shall in no event be considered an advance rental payment, nor a measure of TenantLandlord's obligations under this Lease have been fulfilleddamages.

Appears in 2 contracts

Samples: Office Lease Agreement (Talk Com), Office Lease Agreement (Talk Com)

Security Deposit. Tenant shall deposit the Security Deposit Contemporaneously with Landlord upon the execution of this Lease. Said sum , Tenant shall pay to Landlord the Security Deposit (as defined in the Basic Lease Information), which shall be held by Landlord as security for the faithful to secure Tenant’s performance by Tenant of all the terms, covenants and conditions of its obligations under this Lease to be kept and performed by Tenant and Lease. The Security Deposit is not as an advance rental deposit payment of Rent or as a measure or limit of Landlord's damage ’s damages upon an Event of Default (as defined in case Section 17). Landlord may, at Landlord’s discretion, from time to time following an Event of Tenant's default. If Tenant defaults with respect Default and without prejudice to any provision of this Leaseother remedy, Landlord may use any all or a part of the Security Deposit for to perform any obligation Tenant fails to perform hereunder or in connection with Landlord’s remedies under this Lease. Following any such application of the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedSecurity Deposit, Tenant shall within five (5) days after written pay to Landlord on demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit to its original amount amount. Subject to the requirements of, and Tenant's failure conditions imposed by, Laws applicable to do so security deposits under commercial leases, Landlord shall, within the time required by applicable Law, return to Tenant the portion of the Security Deposit remaining after deducting all damages, charges and other amounts permitted by Law. Landlord and Tenant agree that such deductions shall be include, without limitation, all damages and losses that Landlord has suffered or that Landlord reasonably estimates that it will suffer as a material result of any breach of this LeaseLease by Tenant. Except to such extent, if any, as shall be Unless required otherwise by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by itapplicable Law, the Security Deposit or any balance thereof may be commingled with other funds, and no interest shall be returned paid thereon. If Landlord transfers its interest in the Premises, Landlord may assign the Security Deposit to the transferee and, upon such transfer (and the delivery to Tenant at such time after termination of this Lease when an acknowledgement of the transferee’s responsibility for the Security Deposit if required by Law), Landlord thereafter shall have determined that all no further liability for the return of Tenant's obligations under this Lease have been fulfilledthe Security Deposit.

Appears in 2 contracts

Samples: Office Lease Agreement (Markit Ltd.), Office Lease Agreement

Security Deposit. Tenant shall deposit the Security Deposit has deposited with Landlord upon the execution sum of this Lease. Said sum shall be held by Landlord Twenty-Four Thousand Six Hundred Sixty-Seven Dollars ($24,667.00), as security for the full and faithful performance of Tenant’s obligations under this Lease. The parties agree that, unless otherwise required by Tenant of all the termslaw, covenants and conditions of this Lease Landlord shall not be required to keep said security deposit separate from its general funds, nor pay any interest thereon to Tenant. Such security deposit shall not be kept and performed by Tenant and not construed as an advance rental deposit Rent payment, or as a measure of Landlord's damage ’s damages in case the event of a Default by Tenant's default. If Tenant defaults should be placed in Default with respect to any provision of this Lease, Landlord may use any part apply all or a portion of the Security Deposit said security deposit for the payment of any rent or any other sum in default, Default or for the payment of any amount which Landlord may spend or become obligated to spend expends by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultsuch Default. If any portion of said deposit is so usedapplied, Tenant shall deposit with Landlord, within five (5) days after receipt of Landlord’s written demand therefordemand, deposit with Landlord an amount sufficient to restore the Security Deposit said security deposit to its original amount and Tenant's failure to do so shall be a material breach amount. Upon the expiration of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required return said security deposit to keep the Security Deposit separate from its general fundsTenant, provided Tenant has paid to Landlord all sums owing to Landlord under this Lease, and Tenant shall not be entitled has returned the Premises to interest on such deposit. If Landlord in or as good order and satisfactory condition as when Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledtook possession.

Appears in 2 contracts

Samples: Office/Laboratory Lease (Tetralogic Pharmaceuticals Corp), Office/Laboratory Lease (Tetralogic Pharmaceuticals Corp)

Security Deposit. Tenant shall deposit pay to Landlord a "Security Deposit" in the Security Deposit with Landlord amount of ($ ) upon the execution of this LeaseLease Agreement. Said sum The Security Deposit shall be held by Landlord Landlord, without liability for interest and as security for the faithful performance by Tenant of all the terms, Tenant's covenants and conditions of obligations under this Lease to Agreement, it being expressly understood that the Security Deposit shall not be kept and performed by Tenant and not as considered an advance payment of rental deposit or as a measure of Landlord's damage damages in case of default by Tenant's default. If Tenant defaults with respect to any provision of this LeaseUnless otherwise provided by mandatory non-waivable law or regulation, Landlord may commingle the Security Deposit with Landlord' s other funds. Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any part arrearages of rent or to satisfy any other covenant or obligation of Tenant hereunder. Following any such application of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedDeposit, Tenant shall within five (5) days after written pay to Landlord on demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach amount. If Tenant is not in default at the Termination of this Lease. Except to such extentLease Agreement, if any, as shall be required by law, Landlord shall not be required to keep the balance of the Security Deposit separate from its general funds, and Tenant remaining after any such application shall not be entitled returned by Landlord to interest on such depositTenant. If Tenant shall fully and faithfully perform every provision Landlord transfers its interest in the Premises during the Term of this Lease to be performed by itAgreement, Landlord may assign the Security Deposit or any balance thereof to the transferee and thereafter shall be returned have no further liability for the return of such Security Deposit. Under no circumstances may Tenant use this deposit to Tenant at such time after termination pay rent, including rent for the last month of this Lease when Landlord shall have determined that all Agreement. The rent must be paid on or before the tenth day of Tenant's obligations under this Lease have been fulfilledeach month, including the last month of occupancy.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Security Deposit. Tenant shall deposit with Landlord upon execution hereof the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord set forth in paragraph 1 above as security for the Tenant's faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultobligations hereunder. If Tenant fails to pay Rent or any other charges payable by Tenant hereunder, or otherwise defaults with respect to any provision of this Lease, Landlord may use at its option use, apply or retain all or any part portion of the Security Deposit for (i) to remedy Tenant's defaults in the payment of any rent Rent or any other sum in defaultsums payable by Tenant pursuant to the terms hereof, (ii) to repair any damage to the Premises, (iii) to clean and otherwise maintain the Premises, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or (iv) to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultthereby. If Landlord so uses or applies all or any portion is so usedof the Security Deposit, Tenant shall shall, within five ten (510) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original the full amount hereinabove stated and Tenant's failure to do so shall be a material breach of and a default under this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositaccounts. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that performs all of Tenant's obligations under this Lease have hereunder, the Security Deposit, or so much thereof as has not theretofore been fulfilledapplied by Landlord, shall be returned, without payment of interest or other increment for its use, to Tenant (or, at Landlord's option, to the last assignee, if any, of Tenant's interest hereunder) at the expiration of the Term hereof, after Tenant has vacated the Premises.

Appears in 2 contracts

Samples: Lease Agreement (New Directions Manufacturing Inc), Maxam Gold Corp

Security Deposit. Tenant shall deposit has deposited with Landlord the ---------------- Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful punctual performance by Tenant of each and every obligation of Tenant under this Lease. In the event of any default by Tenant, Landlord may apply or retain all or any part of the terms, covenants and conditions security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in the default. In the case of Tenant's defaultevery such application or retention, Tenant shall, on demand, pay to Landlord the sum so applied or retained, which sum shall be added to the Security Deposit so that the same shall be restored to its original amount. If at the end of the Term Tenant defaults with respect shall not be in default under this Lease, the Security Deposit, or any balance thereof, shall be returned to any provision Tenant within thirty (30) days. If Landlord shall sell the Building or shall lease the Building, in either case subject to this Lease, or shall otherwise assign or dispose of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount assign and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, turn over the Security Deposit or any balance thereof to Landlord's grantee, lessee or assignee, and Tenant hereby releases and relieves Landlord from any and all liability for the return of said deposit and shall be returned look solely to Tenant at such time after termination said grantee, lessee or assignee; it being expressly agreed that this provision shall apply to each and every sale, conveyance or lease of the Building or assignment or disposition of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledLease.

Appears in 2 contracts

Samples: Sublease Agreement (Webmd Inc), Sublease Agreement (Healtheon Webmd Corp)

Security Deposit. $76,460.98 payable on the Effective Date. Upon the occurrence of any Event of Default, Landlord may, from time to time, without prejudice to any other remedy, use the security deposit paid to Landlord by Tenant as herein provided to the extent necessary to make good any arrears of Rent (as hereinafter defined) and any other damage, injury, expense or liability caused to Landlord by such Event of Default. Following any such application of the security deposit, Tenant shall pay to Landlord within ten (10) days of demand the amount so applied in order to restore the security deposit to the Security Deposit with Landlord upon amount thereof existing prior to such application. Any remaining balance of the execution of this Lease. Said sum security deposit shall be held returned by Landlord as security for to Tenant within sixty (60) days after the faithful performance by Tenant of all the terms, covenants and conditions termination of this Lease Agreement and after Tenant provides written notice to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case Landlord of Tenant's default. If Tenant defaults with respect to any provision of this Lease’s forwarding address; provided, however, Landlord may use any part of shall have the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated right to spend by reason of Tenant's default, or retain and expend such remaining balance (a) to compensate reimburse Landlord for any and all rentals or other loss or damage which Landlord may suffer sums due hereunder that have not been paid in full by reason of Tenant's default. If any portion is so used, Tenant and/or (b) for cleaning and repairing the Leased Premises if Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient fail to restore deliver same at the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach termination of this LeaseLease Agreement in a neat and clean condition and in as good a condition as existed at the date of possession of same by Tenant, ordinary wear and tear and casualty loss only excepted. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to any interest on such the security deposit. If Tenant Such security deposit shall fully and faithfully perform every provision not be considered an advance payment of this Lease to be performed rental or a measure of Landlord’s damages in case of an Event of Default by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilled.

Appears in 2 contracts

Samples: Lease Agreement (Bellicum Pharmaceuticals, Inc), Lease Agreement (Bellicum Pharmaceuticals, Inc)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the execution sum of this LeaseTen Thousand U.S. Dollars ($10,000) on or before the Commencement Date. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions terms of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultLease. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of Rent, Landlord may use apply any part of the Security Deposit for this security deposit to the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion of the security deposit is so usedapplied, Tenant shall within five (5) days after written demand therefor, immediately deposit cash with Landlord an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach of this Leaseamount. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such the security deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or, at such time after termination Landlord’s option, to the last assignee of this Tenant’s interest hereunder) within thirty (30) days following expiration of the Lease when term and surrender of the Premises by Tenant. In the event the Premises is sold, Landlord shall have determined that all transfer the security deposit to the purchaser and Landlord shall be relieved of Tenant's obligations under this Lease have been fulfilledany further liability to Tenant regarding the security deposit.

Appears in 2 contracts

Samples: Lease (Nivalis Therapeutics, Inc.), Lease (Nivalis Therapeutics, Inc.)

Security Deposit. Tenant shall has agreed to deposit with Landlord the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful punctual performance by Tenant of all the terms, covenants each and conditions every obligation of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of it under this Lease. In the event of any default by Tenant, Landlord may use apply or retain all or any part of the Security Deposit to cure the default or to reimburse Landlord for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's the default. If any portion is so usedIn the case of every such application or retention, Tenant shall, on demand, pay to Landlord the sum so applied or retained which shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient be added to restore the Security Deposit so that the same shall be restored to its original amount and Tenant's failure to do so shall be a material breach amount. If at the end of this Lease. Except to such extentthe Term, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of in default under this Lease and shall have delivered to be performed by itLandlord evidence of final utility service readings and payment thereof, the Security Deposit or any balance thereof thereof, shall be returned to Tenant at such time after termination within [***] days. If Landlord shall sell the Shopping Center, or shall lease the Shopping Center, in either case subject to this Lease, or shall otherwise assign or dispose of this Lease when Lease, Landlord may assign and turn over the Security Deposit or any balance thereof to Landlord's grantee, lessee or assignee, and Tenant hereby releases and relieves Landlord from any and all liability for the return of said deposit and shall look solely to said grantee, lessee or assignee; it being expressly agreed that this provision shall apply to each and every sale, conveyance or lease of the Shopping Center or assignment or disposition of this Lease. Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilled.not be required to place the Security Deposit in an interest-bearing account and said fund shall be returned to Tenant without interest. ---------- *** confidential treatment requested 8-4 46 ARTICLE 9

Appears in 2 contracts

Samples: Silicon Entertainment Inc /Ca/, Silicon Entertainment Inc /Ca/

Security Deposit. Tenant shall deposit the Security Deposit Concurrently with Landlord upon the Tenant's execution of this Leaselease, Tenant has deposited with the Landlord a sum of $1,500.00 as security deposit. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants convenants, and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultduring the term thereof. If Tenant defaults with respect to any provision provisions of this Lease, including, but not limited to the provisions relating to the payment of rent, Landlord may use (but shall not be required to) use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of on Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so usedused or applied Tenant shall, Tenant shall within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's Tenants failure to do so shall be a material breach of default under this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or, at such time after termination of this Lease when Landlord shall have determined that all Landlord's option, the last assignee of Tenant's obligations under interest hereunder) within ten (10) days following expiration of the Lease term. In the event of termination of Landlord's interest in this Lease have been fulfilledLease, Landlord shall transfer said deposit to Landlord's successor in interest.

Appears in 2 contracts

Samples: Northern Empire Bancshares, Northern Empire Bancshares

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the Upon execution of this Lease. Said sum , Tenant shall deposit with Landlord the Security Deposit defined in Section I. above, which shall be held by for Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept Lease. It is expressly understood and performed by Tenant and agreed that such deposit is not as an advance rental deposit payment or as a measure of Landlord's damage damages in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of including, but not limited to, the Security Deposit for provisions relating to the payment of any rent or the obligation to repair and maintain the Premises or to perform any other sum in defaultterm, covenant or condition contained herein, Landlord may (but shall not be required to), without prejudice to any other remedy provided herein or provided by law and without notice to Tenant, use the Security Deposit, or for any portion of it, to cure the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, default or to compensate Landlord for any other loss or damage which all damages sustained by Landlord may suffer by reason of resulting from Tenant's default. If any portion is so used, Tenant shall within five (5) days after written immediately on demand thereforpay to Landlord a sum equivalent to the portion of the Security Deposit so expended or applied by Landlord as provided in this paragraph so as to maintain the Security Deposit in the sum initially required to be deposited with Landlord. Although the Security Deposit shall be deemed the property of Landlord, deposit with if Tenant is not in default at the expiration or earlier termination of this Lease, Landlord an amount sufficient to restore shall return the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach Tenant within thirty (30) days of the termination of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general fundsfunds and Landlord, and Tenant not Tenant, shall not be entitled to interest all interest, if any, accruing on any such deposit. If Tenant Upon any sale or transfer of its interest in the Building, Landlord shall fully and faithfully perform every provision of this Lease to be performed by it, transfer the Security Deposit or any balance thereof to its successor in interest and thereupon, Landlord shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledreleased from any liability or obligation with respect thereto.

Appears in 2 contracts

Samples: Office Lease (PSW Technologies Inc), Office Lease (PSW Technologies Inc)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the On execution of this Lease. Said , Tenant shall deposit with Landlord the sum shall be held by Landlord set forth in the Basic Lease Information, in cash, as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of obligations under this Lease, . Landlord may (but shall have no obligation to) use any part of the Security Deposit for the payment of any rent security deposit or any other sum in default, or for the payment portion thereof to cure any Event of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, Default under this Lease or to compensate Landlord for any other loss or damage which Landlord may suffer by reason incurs as a result of Tenant's defaultfailure to perform any of Tenant's obligations hereunder. If any portion is so used, In such event Tenant shall within five (5) days after written demand therefor, deposit with immediately pay to Landlord an amount sufficient to restore replenish the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach the sum initially deposited with Landlord. At the expiration or termination of this Lease, Landlord shall return to Tenant such portion of the security deposit or the balance thereof then held by Landlord and not applied as provided above. Except to such extentLandlord may commingle the security deposit with Landlord's general and other funds, if any, as shall be required by law, and Landlord shall not be required to keep pay interest on the Security Deposit separate from its general funds, and Tenant security deposit to Tenant. The immediately preceding sentence shall not be entitled apply to interest on such deposit. If Tenant shall fully and faithfully perform every provision any amounts drawn down under the Letter of this Lease to be performed by it, Credit (defined in Paragraph 2 of the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledAdditional Provisions Rider attached hereto as Exhibit D).

Appears in 2 contracts

Samples: Lease (Crossworlds Software Inc), Lease (Crossworlds Software Inc)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord in advance upon the Tenant’s execution of this Lease. Said sum shall be held by Landlord , for Landlord’s general account, the Security Deposit set forth in Section 1.01.G hereof as security for the faithful performance by Tenant of all the termseach and every term, covenants covenant, agreement and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision condition of this Lease to be performed by itTenant. In the event of a Default, Landlord may use, apply on Tenant’s behalf or retain (without liability for interest) during the Term all or any part of the Security Deposit to the extent required for the payment of any Rent which may be owed hereunder, or for any sum which Landlord may expend to cure any Default of Tenant. After each application from the Security Deposit, Tenant shall, within five (5) business days of Notice from Landlord, restore said deposit to the amount set forth in Section 1.01.G hereof. The use, application or retention of the Security Deposit by Landlord shall not be deemed a limitation on Landlord’s recovery in any case, or a waiver by Landlord of any Default, nor shall it prevent Landlord from exercising any other right or remedy for a Default by Tenant. If Tenant has complied with all the terms, covenants, agreements, and conditions of this Lease, the Security Deposit or (less any balance thereof amount applied as herein provided) shall be returned to Tenant at such time without interest within thirty (30) days after termination the Termination Date and after surrender of possession of the Leased Premises to Landlord in accordance with the terms of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledLease.

Appears in 2 contracts

Samples: Lease Extension and Modification Agreement (SI-BONE, Inc.), Lease Extension and Modification Agreement (SI-BONE, Inc.)

Security Deposit. Tenant shall deposit the Security Deposit Contemporaneously with Landlord upon the execution of this Lease. Said sum , Tenant shall pay to Landlord the Security Deposit, which shall be held by Landlord as security for the faithful to secure Tenant’s performance by Tenant of all the terms, covenants and conditions of its obligations under this Lease to be kept and performed by Tenant and Lease. The Security Deposit is not as an advance rental deposit payment of Rent or as a measure or limit of Landlord's damage in case ’s damages upon an Event of Tenant's defaultDefault (as defined herein). If Tenant defaults with respect Landlord may, from time to time following an Event of Default and without prejudice to any provision of this Leaseother remedy, Landlord may use any all or a part of the Security Deposit for to perform any obligation Tenant fails to perform hereunder. Following any such application of the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedSecurity Deposit, Tenant shall within five (5) days after written pay to Landlord on demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit to its original amount amount. Subject to the requirements of, and Tenant's failure conditions imposed by, Laws applicable to do so security deposits under commercial leases, Landlord shall, within the time required by applicable Law, return to Tenant the portion of the Security Deposit remaining after deducting all damages, charges and other amounts permitted by Law. Landlord and Tenant agree that such deductions shall be include, without limitation, all damages and losses that Landlord has suffered or that Landlord reasonably estimates that it will suffer as a material result of any breach of this LeaseLease by Txxxxx. Except to such extentThe Security Deposit may be commingled with other funds, if any, as and no interest shall be required by lawpaid thereon. If Landlord transfers its interest in the Premises, Landlord shall not be required to keep assign the Security Deposit separate from its general fundsto the transferee and, upon such transfer and the delivery to Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, an acknowledgement of the transferee’s responsibility for the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when as provided by Law, Landlord thereafter shall have determined that all no further liability for the return of Tenant's obligations under this Lease have been fulfilledthe Security Deposit.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Polarityte, Inc.), Lease Agreement (Polarityte, Inc.)

Security Deposit. Tenant shall deposit the Security Deposit Contemporaneously with Landlord upon the execution of this Lease. Said , Tenant will pay Landlord the sum shall be held by Landlord set forth in Paragraph 6 of the Fundamental Lease Provisions as “Security Deposit” as security for the faithful performance by Tenant of all the terms, covenants and conditions of under this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultLease. If Tenant defaults with respect to any provision of this Lease, Landlord may use may, but will not be required to, use, apply or retain all or any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion of the Security Deposit is so usedused or applied, Tenant shall within five (5) days after written will, upon demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its the original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositamount. If Tenant shall fully and faithfully perform performs every provision of this Lease to be performed by itTenant, including surrender of the Premises in accordance with Section 7.4, the Security Deposit or any balance thereof shall will be returned to Tenant at within thirty (30) days after the Expiration Date. Tenant will not assign or encumber Tenant’s interest in the Security Deposit and neither Landlord nor Landlord’s successors or assigns will be bound by any such time after termination attempted assignment or encumbrance of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledthe Security Deposit.

Appears in 2 contracts

Samples: Lease Termination Agreement (Archipelago Learning, Inc.), Office Building Lease (Archipelago Learning, Inc.)

Security Deposit. Tenant shall deposit also pay to Landlord a "Security Deposit" in the amount of $250.00 . The Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord without liability for interest and as security for the faithful performance by Tenant of all the terms, Tenant's covenants and conditions of obligations under this Lease to Lease, it being expressly understood that the Security Deposit shall not be kept and performed by Tenant and not as considered an advance payment of rental deposit or as a measure of Landlord's damage damages in case of default by Tenant's default. If Tenant defaults with respect to any provision of this LeaseUnless otherwise provided by mandatory non-waivable law or regulation, Landlord may commingle the Security Deposit with Landlord's other funds. Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any part arrearages of rent or to satisfy any other covenant or obligation of Tenant hereunder. Following any such application of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedDeposit, Tenant shall within five (5) days after written pay to Landlord on demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach amount. If Tenant is not in default at the termination of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the balance of the Security Deposit separate from its general fundsremaining after any such application shall be returned by Landlord to Tenant. If the tenant fails to complete the full term of the lease, and Tenant shall not be entitled to interest on such the tenant will forfeit his security deposit. If Tenant shall fully and faithfully perform every provision Landlord transfers its interest in the Premises during the term of this Lease to be performed by itLease, Landlord may assign the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord the transferee and thereafter shall have determined that all no further liability for the return of Tenant's obligations under this Lease have been fulfilledsuch Security Deposit.

Appears in 2 contracts

Samples: Commercial Property Lease Agreement (Getelman Corp.), Commercial Property Lease Agreement (Uvic Inc.)

Security Deposit. Simultaneous with Tenant’s execution and delivery of this Lease to Landlord, Tenant shall deposit pay the Security Deposit stated in the Basic Lease Terms. The Security Deposit shall be a debt from Landlord to Tenant. Landlord may commingle the Security Deposit with its funds and shall have no obligation to pay any interest on the Security Deposit. Landlord upon shall have the execution right to offset against the Security Deposit any sums owing from Tenant to Landlord and not paid when due, any damages caused by Tenant’s default, the cost of curing any default by Tenant should Landlord elect to do so, and the cost of performing any repair, maintenance or cleanup that is the responsibility of Tenant under this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of Offset against the Security Deposit for shall not be an exclusive remedy in any of the payment of any rent or above cases but may be invoked by Landlord, at its option, in addition to any other sum in defaultremedy provided by law or this Lease for Tenant’s nonperformance. Landlord shall give notice to Tenant each time an offset is claimed against the Security Deposit, or for and unless the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion Lease is so usedterminated, Tenant shall within five twenty (520) days after written demand therefor, such notice deposit with Landlord an a sum equal to the amount sufficient to restore of the Security Deposit to its original amount and offset so that the total deposit amount, net of offset, shall remain constant throughout the Lease Term. Tenant's ’s failure to do so make such deposit after offset shall be a material breach of default under this Lease. Except to Any remaining balance of such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned by Landlord to Tenant (or, at such time after Landlord’s option, to the last assignee of Tenant) within sixty (60) days of the expiration or termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledthe Lease.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease (Lionbridge Technologies Inc /De/)

Security Deposit. Tenant shall deposit The Landlord acknowledges receipt of the Security Deposit with Landlord upon the execution of this Lease. Said sum shall amount set out in 1.01 (j) to be held by the Landlord as a deposit as security for the faithful payment of rent and performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultobligations under this Lease. If at any time rent or any other amount payable by the Tenant defaults with respect is overdue and unpaid or the Tenant fails to perform any provision of its obligations under this Lease, the Landlord may use may, either before or after terminating this Lease, apply the whole or any part of the Security Deposit for deposit to the payment of any such rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate the Landlord for any other loss or damage which expense incurred by the Landlord may suffer by reason of Tenantand such application will be without prejudice to the Landlord's defaultright to pursue any other remedy set forth in this Lease. If the whole or any portion part of the deposit is so usedapplied by the Landlord, the Tenant shall within five (5) days after written demand therefor, deposit with forthwith pay to the Landlord an a sufficient amount sufficient to restore the Security Deposit deposit to its original the amount specified in Section 1.01 (j) and the Tenant's failure to do so shall be within ten days after demand will constitute a material breach of this Lease. Except to such extent, if any, If the Tenant promptly pays all rent as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from it falls due and performs all of its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of obligations under this Lease to be performed by itLease, the Security Deposit or any balance thereof shall be returned Landlord will repay the deposit to the Tenant at such time within 30 days after the later of: (i) termination of this Lease when Lease; or (ii) the repossession of the Leased Premises by the Landlord. The Landlord shall have determined that all may deliver and assign the security deposit to any purchaser of Tenantthe Landlord's obligations under this Lease have been fulfilledinterest in the Leased Premises and thereupon the Landlord will be discharged from any further liability with respect to such deposit.

Appears in 2 contracts

Samples: Lease (Current Technology Corp), Lease (Spectrum Signal Processing Inc)

Security Deposit. Tenant shall deposit the Security Deposit has deposited with Landlord upon the execution sum of this Lease. Said sum shall be held by Landlord Three Thousand seven hundred thirty seven dollars and fifty cents Dollars ($ 3,737.50) as security for the full and faithful performance by Tenant of all the terms, covenants and conditions every provision of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, including but not limited to the provisions relating to the payment of Rent, Landlord may use use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any rent Rent or any other sum in default, default or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's ’s default, or to compensate Landlord for any other loss loss, cost or damage which Landlord landlord may suffer by reason of Tenant's ’s default. If any portion of said deposit is so useduse or applied, Tenant shall shall, within five (5) days after written demand therefortherefore, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's ’s failure to do so shall be a material breach of this Lease. Except to such extentLandlord shall not, if any, as shall be unless otherwise required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, nor pay interest to Tenant. If Landlord is required to maintain said deposit in an interest bearing account, Landlord will retain the maximum amount permitted under applicable law as a bookkeeping and Tenant shall not be entitled to interest on such depositadministrative charge. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or, at such time after termination of this Lease when Landlord shall have determined that all Landlord’s option, to the last transferee of Tenant's obligations under this ’s interest hereunder) at the expiration of the Lease have been fulfilledterm and upon Tenant’s vacation of the Premises. In the event the Building is sold, the security deposit will be transferred to the new owner and the new owner will be solely responsible for the return of the security deposit to the Tenant.

Appears in 2 contracts

Samples: Office Lease (Alimera Sciences Inc), Office Lease (Alimera Sciences Inc)

Security Deposit. Tenant shall deposit TENANT has deposited with LANDLORD the Security Deposit with Landlord upon the execution sum of this Lease. Said sum shall be held by Landlord $ -0- as security for the full and faithful performance by Tenant of all the terms, covenants and conditions every provision of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultTENANT. If Tenant TENANT defaults with respect to any provision of this Lease, Landlord including but not limited to the provisions relating to the payment of Rent, LANDLORD may use use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any rent Rent or any other sum in default, default or for the payment of any other amount which Landlord LANDLORD may spend or become obligated to spend by reason of Tenant's TENANT’S default, or to compensate Landlord LANDLORD for any other loss loss, cost or damage which Landlord LANDLORD may suffer by reason of Tenant's TENANT’S default. If any portion of said deposit is so usedused or applied, Tenant shall TENANT shall, within five (5) days after written demand therefortherefore, deposit cash with Landlord LANDLORD in an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's TENANT’S failure to do so shall be constitute a material breach of this Lease. Except to such extentLANDLORD shall not, if any, as shall be unless required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to pay interest on such depositthe security deposit to the TENANT. If Tenant TENANT shall fully and faithfully perform every provision of this Lease to be performed by itLease, the Security Deposit security deposit or any balance thereof shall be returned to Tenant TENANT (or at such time LANDLORD’S option, to the last transferee of TENANT’S interest hereunder) within fifteen (15) days after termination the expiration of this the Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledterm, provided TENANT has vacated the premises. In the event the building is sold, the security deposit will be transferred to the new owner.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Bankrate Inc)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's ’s damage in case of Tenant's Tenants default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part pact of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion is so used, Tenant shall within five thirty (530) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's ’s failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed pertained by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's Tenants obligations under this Lease have been fulfilled, but not later than thirty (30) days after Landlords receipt of its contractor’s invoice for repair and restoration of the Premises pursuant to Section 26, or if no repair or restoration is needed in Landlord’s determination, within sixty (60) days after the Termination Date.

Appears in 2 contracts

Samples: Early Entry Agreement (Alder Biopharmaceuticals Inc), Early Entry Agreement (Alder Biopharmaceuticals Inc)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as As security for the full and faithful performance by Tenant of all the terms, covenants and conditions every covenant or condition of this Lease to be kept and performed by Tenant, Tenant and not as an advance rental deposit or as a measure has paid to Landlord the Security Deposit of Landlord's damage in case -0- , receipt of Tenant's defaultwhich is hereby acknowledged. If Tenant defaults shall default with respect to any provision covenant or condition of this Lease, including but not limited to the payment of Rent, Additional Rent or any other payment due under this Lease, Landlord may use any apply all or part of the Security Deposit for to the payment of any rent sum in default or any other sum in default, or for the payment of any amount which Landlord may be required to spend or become obligated to spend incur by reason of Tenant's default, or to compensate Landlord for any other loss or damage sum which Landlord may suffer in its reasonable discretion deem necessary to spend or incur by reason of Tenant's default. If any portion is so usedIn such event, Tenant shall upon demand deposit with Landlord the amount so applied to replenish said Security Deposit. If Tenant shall have fully complied with all of the covenants and conditions of this Lease, but not otherwise, the amount of the Security Deposit then held by Landlord shall be repaid to Tenant within five thirty (530) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach expiration or termination of this Lease. Except In the event of Tenant's default, Landlord's right to such extent, if any, as shall be required by law, Landlord shall not be required to keep retain the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease deemed to be performed by itin addition to any and all other rights and remedies at law or in equity available to Landlord for Tenant's default under this Lease. Landlord may, in the event the Security Deposit or is depleted, at Landlord's discretion, apply any balance thereof shall be returned to Tenant unpaid rent received at such the time after termination of this the execution of the Lease when Landlord shall have determined that all for the purposes of Tenant's obligations under this Lease have been fulfilledthe deposit.

Appears in 2 contracts

Samples: Lease Agreement (Maxxis Group Inc), Lease Agreement (Maxxis Group Inc)

Security Deposit. Tenant shall deposit the Security Deposit has deposited with Landlord upon the execution sum of this Lease-0- Dollars. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants covenants, and conditions provisions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultduring the term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to the provisions relating to the payment of rent, Landlord may use (but shall not be required to) use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so usedused or applied, Tenant shall within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or at such time after termination of this Lease when Landlord shall have determined that all Landlord's option, to the last assignee of Tenant's obligations under interest hereunder) at the expiration of the Lease term. In the event of termination of Landlord's interest in this Lease have been fulfilled.Lease, Landlord shall transfer said deposit to Landlord's successor in interest. 33

Appears in 2 contracts

Samples: Quokka Sports Inc, Quokka Sports Inc

Security Deposit. (a) Tenant shall agrees to deposit the Security Deposit with Landlord upon the execution of this Lease. Said Lease by Tenant, which sum shall be held by Landlord Landlord, without obligation for interest, as security for the faithful performance by Tenant of all the terms, Tenant’s covenants and conditions of obligations under this Lease to be kept Lease, it being expressly understood and performed by Tenant and agreed that such Security Deposit is not as an advance rental deposit or as a measure of Landlord's damage ’s damages in case of Tenant's ’s default. If Tenant defaults with respect Upon the occurrence of any Event of Default (as defined in the Lease) by Tenant, Landlord may, from time to time, without prejudice to any provision of this Leaseother remedy provided herein or provided by law, Landlord may use any part of the such Security Deposit for to the payment extent necessary to make good any arrears of any rent Rent or other payments due Landlord hereunder, and any other sum in defaultdamages, injury, expense or for the payment liability caused by such Event of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Default; and Tenant shall pay to Landlord within five ten (510) days after written demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit to its original amount and amount. Tenant's ’s failure to do so restore the Security Deposit upon demand shall be a material breach deemed an Event of Default under this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep Although the Security Deposit separate from its general fundsshall be deemed the property of Landlord, and Tenant shall not be entitled to interest on any remaining balance of such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned within thirty (30) days to Tenant at such time after termination of this Lease when Landlord shall have determined that as all of Tenant's ’s obligations under this Lease have been fulfilled. Tenant shall not apply the Security Deposit to the last month’s installment of Rent.

Appears in 2 contracts

Samples: Lease Agreement (Cross Country Healthcare Inc), Lease Agreement (Cross Country Healthcare Inc)

Security Deposit. Tenant shall deposit The Landlord acknowledges receipt of the Security Deposit with Landlord upon the execution of this Lease. Said sum shall amount set out in 1.01 (j) to be held by the Landlord as a deposit as security for the faithful payment of rent and performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultobligations under this Lease. If at any time rent or any other amount payable by the Tenant defaults with respect is overdue and unpaid or the Tenant fails to perform any provision of its obligations under this Lease, the Landlord may use may, either before or after terminating this Lease, apply the whole or any part of the Security Deposit for deposit to the payment of any such rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate the Landlord for any other loss or damage which expense incurred by the Landlord may suffer by reason of Tenantand such application will be without prejudice to the Landlord's defaultright to pursue any other remedy set forth in this Lease. If the whole or any portion part of the deposit is so usedapplied by the Landlord, the Tenant shall within five (5) days after written demand therefor, deposit with forthwith pay to the Landlord an a sufficient amount sufficient to restore the Security Deposit deposit to its original the amount specified in Section 1.01 (j) and the Tenant's failure to do so shall be within ten days after demand will constitute a material breach of this Lease. Except to such extent, if any, If the Tenant promptly pays all rent as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from it falls due and performs all of its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of obligations under this Lease to be performed by itLease, the Security Deposit or any balance thereof shall be returned Landlord will repay the deposit to the Tenant at such time after upon the later of termination of this Lease when and the repossession of the Leased Premises by the Landlord. The Landlord shall have determined that all may deliver and assign the security deposit to any purchaser of Tenantthe Landlord's obligations under this Lease have been fulfilledinterest in the Leased Premises and thereupon the Landlord will be discharged from any further liability with respect to such deposit.

Appears in 2 contracts

Samples: Lease (Infowave Software Inc), Lease (Infowave Software Inc)

Security Deposit. Tenant shall deposit has deposited the Security Deposit sum of $ (not to exceed 1 month’s rent) with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for to secure the faithful performance by Tenant of all covenants, conditions and agreements contained in this Lease and Sublease Agreement. It is covenanted and agreed that this security deposit shall not be considered trust funds and that the Landlord may deposit the same in any bank or depository selected by said Landlord, and may commingle it with other funds. Landlord need not account for any interest earned on said deposit during the term of this Lease and Sublease Agreement. If Tenant defaults in any of the terms, covenants and conditions of this Lease or agreement contained herein to be kept and performed by Tenant and not as an advance rental Tenant; Landlord may apply that portion of the secured deposit or as a measure of Landlord's damage in case of Tenant's to cure such default. If Tenant defaults with respect to any provision said security deposit shall not equal the amount of this Lease, such damage the Landlord may use any part apply said deposit as partial settlement of the Security Deposit for the payment of any rent or any other sum in defaultsuch damage, or for the payment of any amount which Landlord may spend or become obligated to spend but by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, doing Landlord shall not be required to keep precluded from pursuing other remedies or rights. Upon the Security Deposit separate from its general fundsfaithful performance by the Tenant of all the covenants, conditions and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease agreements contained herein to be performed by itTenant, and upon the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of the term of this Lease when and Sublease Agreement, unless such term shall have been terminated by the Landlord or Landlord’s agents because of a default by Tenant, the Landlord shall have determined that all pay over to Tenant a sum of Tenant's obligations under this Lease have been fulfilledmoney equal in amount of said deposit within fifteen (15) days after such termination. (NOTE: The State’s Residential Landlord and Tenant Act respecting security deposits should be consulted by the parties.)

Appears in 2 contracts

Samples: Lease and Sublease Agreement, Lease and Sublease Agreement

Security Deposit. Tenant shall deposit the Security Deposit Concurrently with Landlord upon the Tenant's execution of this Lease. Said , Tenant shall pay to Landlord, the sum specified in the Basic Lease Information, which sum shall be held by Landlord as a security deposit for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant. Tenant agrees that Landlord may apply the security deposit to remedy any failure by Tenant to repair or maintain the Premises or to perform any other terms, covenants and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultconditions contained herein. If Tenant defaults with respect to any provision shall perform all terms, covenants and conditions of this LeaseLease during the Term, Landlord may will, within thirty (30) days after the termination hereof, return the security deposit to Tenant. If Landlord shall use any part portion of the Security Deposit for the payment of security deposit to cure any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend default by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedTenant hereunder, Tenant shall within five ten (510) days after of written demand therefor, by Landlord replenish the security deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach default of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit security deposit separate from its general funds, funds and Tenant shall not be entitled to interest on any such deposit. If Tenant shall fully and faithfully perform every provision Upon the occurrence of any events of default described in Paragraph 19 of this Lease the security deposit shall become due and payable to be performed by itLandlord to the extent required to compensate Landlord for damages incurred, the Security Deposit or to reimburse Landlord as provided herein, in connection with any balance thereof shall be returned to Tenant at such time after termination event of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilleddefault.

Appears in 2 contracts

Samples: Lease Agreement (Cardionet Inc), Lease Agreement (Cardionet Inc)

Security Deposit. Tenant shall deposit the The Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord without liability for interest and as security for the faithful performance by Tenant of all the terms, Tenant's covenants and conditions of obligations under this Lease including but not limited to those set forth in Paragraph 10 hereof, it being expressly understood that the Security Deposit shall not be kept and performed by Tenant and not as considered an advance rental deposit payment of rent or as a measure of LandlordTenant's damage liability for damages in case of default by Tenant. Landlord may commingle the Security Deposit with Landlord's defaultother funds. If Tenant defaults with respect Landlord may, from time to time, without prejudice to any provision other remedy, use the Security Deposit to the extent necessary to make good any arrearages of this Lease, Landlord may use rent or to satisfy any part other covenant or obligation of Tenant hereunder. Following any such application of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedDeposit, Tenant shall within five (5) days after written pay to Landlord on demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach amount. If Tenant is not in default at the termination of this Lease. Except to , the balance of the Security Deposit remaining after any such extent, if any, as application shall be required returned by lawLandlord to Tenant. If Landlord transfers its interest in the Premises during the term of this Lease, Landlord shall not be required to keep assign the Security Deposit separate from to the transferee and thereafter shall have no further liability for the return of such Security Deposit. Tenant agrees to look solely to such transferee or assignee or successor thereof for the return of the Security Deposit. Landlord and its general funds, successors and Tenant assigns shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision bound by any actual or attempted assignment or encumbrance of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of by Tenant's obligations under this Lease have been fulfilled.

Appears in 2 contracts

Samples: Office Lease Agreement (Objectspace Inc), Office Lease Agreement (Objectspace Inc)

Security Deposit. Tenant shall deposit the Security Deposit Concurrently with Landlord upon the Tenant's execution of this Lease, Tenant has deposited with Landlord $6,875.00. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants covenants, and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultduring the term hereof. If Tenant defaults with respect to any provision provisions of this Lease, including, but not limited to, the provisions relating to the payment of Rent, Landlord may use (but shall not be required to) use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any rent Rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said security deposit is so usedused or applied, Tenant shall shall, within five ten (510) days after written demand therefor, deposit cash with Landlord an in any amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach of default under this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general other funds, and (unless otherwise required by law) Tenant shall not be entitled to interest on of such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or, at such time after termination Landlord's option, to the last assignee of Tenant's interest hereunder) within ten (10) days following expiration of this Lease when term. In the event of termination of Landlord's interest in this Lease, Landlord shall have determined that all of Tenanttransfer said deposit to Landlord's obligations under this Lease have been fulfilled.successor in interest,

Appears in 2 contracts

Samples: Lease Agreement (Brighton Technologies Corp), Lease Agreement (Brighton Technologies Corp)

Security Deposit. Tenant shall hereby agrees to pay to Landlord a security deposit equal in amount to one month(s) Base Rental on the day this Lease is executed by Tenant (the “Security Deposit”). Upon the occurrence of any Event of Default by Tenant, Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit with Landlord upon to the execution extent necessary to make good any arrears of this LeaseRental, including, but not limited to, the cost of any damage, injury, expense, or liability caused by any Event of Default by Tenant hereunder. Said sum Any remaining balance of the Security Deposit shall be held returned by Landlord as security for to Tenant within a reasonable period of time after the faithful performance by Tenant of all the terms, covenants and conditions termination or expiration of this Lease to and the satisfaction of Tenant’s obligations hereunder. The Security Deposit shall not be kept and performed by Tenant and not as considered an advance payment of rental deposit or as a measure of Landlord's damage ’s damages in case of default by Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to receive and shall not receive any interest on such depositthe Security Deposit, and Landlord may commingle the same with other monies of Landlord. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, In the event Landlord applies the Security Deposit or any balance portion thereof to the payment of any sum described above and this Lease is not terminated, Tenant shall immediately deposit with Landlord an amount of money equal to the amount so applied and such amount shall be returned deemed to Tenant at such time after termination be part of this Lease when the Security Deposit. In the event of a sale or transfer of Landlord’s interest in the Premises or the Building, Landlord shall have determined that the right to transfer the Security Deposit to the purchaser or lessor, as the case may be, and upon any such transfer Landlord shall be relieved of all liability to Tenant for the return of Tenant's obligations under this Lease have been fulfilledthe Security Deposit, and Tenant shall look solely to the new owner or lessor for the return of the Security Deposit.

Appears in 2 contracts

Samples: Office Lease Agreement, Work Letter Agreement (Active Network Inc)

Security Deposit. Tenant shall deposit the Security Deposit Contemporaneously with Landlord upon the execution of this Lease. Said , Tenant will pay Landlord the sum shall be held by Landlord set forth in Paragraph 7 of the Basic Lease Provisions as “Security Deposit” as security for the faithful performance by Tenant of all the terms, covenants and conditions of under this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultLease. If Tenant defaults with respect to any provision of this Lease, and the same is not cured within any applicable grace or cure periods hereunder, Landlord may use may, but will not be required to, use, apply or retain all or any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion of the Security Deposit is so usedused or applied, Tenant shall within five (5) days after written will, upon demand therefortherefore, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its the original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositamount. If Tenant shall Xxxxxx fully and faithfully perform performs every provision of this Lease to be performed by itXxxxxx, including surrender of the Premises in accordance with Section 7.4, the Security Deposit or any balance thereof shall will be returned to Tenant at within thirty (30) days after the Expiration Date. Tenant will not assign or encumber Xxxxxx’s interest in the Security Deposit and neither Landlord nor Xxxxxxxx’s successors or assigns will be bound by any such time after termination attempted assignment or encumbrance of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledthe Security Deposit.

Appears in 2 contracts

Samples: Lease Agreement, Office Building Lease (HII Technologies, Inc.)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the On execution of this Lease, Tenant shall deposit with Landlord the sum specified in the Basic Lease Information (the "Security Deposit"). Said sum The Security Deposit shall be held by Landlord as security for the faithful performance by Tenant of all of the terms, covenants and conditions provisions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultLease. If Tenant fails to pay Rent or other charges due hereunder, or otherwise defaults with respect to any provision of this Lease, Landlord may use use, apply, or retain all or any part portion of the Security Deposit for the payment of any rent Rent or any other sum charge in default, or for the payment of any amount other sum to which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultthereby. If Landlord so uses or applies all or any portion is so usedof the Security Deposit, Tenant shall then within five ten (510) days after written demand therefor, therefor Tenant shall deposit cash with Landlord in an amount sufficient to restore the Security Deposit deposit to its original the full amount thereof, and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositaccounts. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that performs all of Tenant's obligations under this Lease have hereunder, the Security Deposit, or so much thereof as has not theretofore been fulfilledapplied by Landlord, shall be returned, without payment of interest for its use, to Tenant (or, at Landlord's option to the last assignee, if any, of Tenant's interest hereunder) at the expiration of the Term, and after Tenant has vacated the Premises. No trust relationship is created herein between Landlord and Tenant with respect to the Security Deposit.

Appears in 2 contracts

Samples: Office Lease Agreement (Cerent Corp), Cerent Corp

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's ’s damage in case of Tenant's ’s default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion is so used, Tenant shall within five ten (510) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's ’s failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. deposit If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, . Landlord will return the Security Deposit or any balance thereof shall be returned to Tenant at such time within sixty (60) days after termination of this Lease when Tenant surrenders the Premises to Landlord shall have determined that all and provides written notice to Landlord of Tenant's obligations ’s forwarding address, subject to all rights granted to Landlord under this Lease have been fulfilledChapter 93, including, without limitation, Section 93.006 of the Texas Property Code.

Appears in 2 contracts

Samples: Commencement Date Agreement (Reata Pharmaceuticals Inc), Commencement Date Agreement (Reata Pharmaceuticals Inc)

Security Deposit. Tenant shall deposit the Security Deposit Six Hundred and 00/100 dollars ($600.00) with Landlord upon the execution of entering this Lease. Said sum shall be held by Landlord as The deposit is security for the faithful performance by Tenant of all this lease. The deposit will serve as a fund from which Landlord has the termsoption to obtain partial or full reimbursement for any amounts that Tenant is obligated to pay as rent, covenants and conditions utility payments, damages, or otherwise under this Lease or under the law. Landlord may obtain such reimbursement without prejudicing any other available remedies or rights, including Landlord's right to possession of the premises for nonpayment of rent. In the event that Landlord obtains any reimbursement out of the deposit fund, upon notice Tenant shall immediately redeposit the same amount so that the total security deposit remains unchanged. If Landlord repossesses the premises because of abandonment, default or breach of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part apply the security deposit to all damages suffered to the date of repossession. Landlord may also retain the balance of the Security Deposit for security deposit to apply to damages that may accrue or be suffered after the payment date of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend repossession by reason of Tenant's default, default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except Landlord will return the security deposit less permissible itemized deductions to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant. Tenant shall not be entitled forfeit any amount of the security deposit that Landlord is otherwise obligated to interest on such depositrefund if Tenant fails to provide a correct forwarding address. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, In no event will the Security Deposit or any balance thereof shall security deposit be returned until Tenant has vacated the premises and delivered possession to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledLandlord.

Appears in 2 contracts

Samples: studenthousingmgmt.com, studenthousingmgmt.com

Security Deposit. Tenant shall deposit the Security Deposit with Landlord the sum of None upon commencement of the execution term of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants covenants, and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultduring the term hereof. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of including, but not limited to the Security Deposit for provisions relating to the payment of any rent, Landlord may (but shall not be required to) use, apply or retain rent or any other sum in default, default or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so usedused or applied, Tenant shall within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned [illegible] to Tenant (or, at such time after termination of this Lease when Landlord shall have determined that all Landlord's option, to the last assignee of Tenant's obligations under interest hereunder) at the expiration of the Lease term. In the event of termination of Landlord's interest in this Lease have been fulfilledLease, Landlord shall transfer said deposit to Landlord's successor in interest.

Appears in 2 contracts

Samples: Lease Agreement (MKS Instruments Inc), Lease Extension Agreement (MKS Instruments Inc)

Security Deposit. Tenant shall deposit the Security Deposit Concurrently with Landlord upon the execution of this Lease, Tenant shall deposit with Landlord the security deposit specified in subparagraph 1.i. Said sum shall to be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultLease. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent; Landlord may use (but shall not be required to) use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any rent or any other sum amount in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of the security deposit is so usedused or applied, Tenant shall shall, within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach of this Leaseamount. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or, at such time after termination of this Lease when Landlord shall have determined that all Landlord's option, to the last assignee of Tenant's obligations under interest hereunder) at the expiration of the Term. In the event of termination of Landlord's interest in this Lease have been fulfilledLease, Landlord shall transfer said deposit to Landlord's successor in interest.

Appears in 2 contracts

Samples: Centre Office Lease Agreement (RVision, Inc.), Laurel Corporate Centre Office Lease Agreement (RVision, Inc.)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the On execution of this Lease, Tenant shall deliver to Landlord cash in the amount specified as the Security Deposit in the Basic Lease Information. Said sum The Security Deposit shall be held by Landlord as security for the faithful performance by Tenant of all of the terms, covenants and conditions provisions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultLease. If Tenant fails to pay Rent or other charges due hereunder, or otherwise defaults with respect to any provision of this Lease, Landlord may use use, apply or retain all or any part portion of the Security Deposit for the payment of any rent Rent or any other sum charge in default, or for the payment of any amount other sum to which Landlord may spend or become obligated to spend by reason of Tenant's ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultthereby. If Landlord so uses or applies all or any portion is so usedof the Security Deposit, Tenant shall then within five ten (510) days after written demand therefor, therefor Tenant shall deposit cash with Landlord in an amount sufficient to restore the Security Deposit deposit to its original the full amount thereof, and Tenant's ’s failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositaccounts. If Tenant shall fully and faithfully perform every provision Xxxxxx performs all of this Lease to be performed by itTenant’s obligations hereunder, the Security Deposit Deposit, or any balance so much thereof as has not theretofore been applied by Landlord, shall be returned to Tenant without payment of interest for its use (or, at such time Landlord’s option to the last assignee, if any, of Xxxxxx’s interest hereunder) within thirty (30) days after the expiration or earlier termination of this Lease when Lease, and after Tenant has vacated the Premises. No trust relationship is created herein between Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledand Tenant with respect to the Security Deposit.

Appears in 2 contracts

Samples: Lease (Cyan Inc), Letter Agreement (Cyan Inc)

Security Deposit. Tenant The Security Deposit, which shall deposit the Security Deposit with Landlord be paid upon the execution of this Lease. Said sum , shall be held by Landlord without liability for interest and not in trust or in a separate account, as security for the faithful performance by Tenant Client of all the terms, Client’s covenants and conditions of obligations under this Lease to Lease. The Security Deposit shall not be kept and performed by Tenant and not as considered an advance payment of rental deposit or as a measure of Landlord's damage ’s damages in case of Tenant's defaultdefault by Client. If Tenant defaults with respect Upon the occurrence of any Event of Default by Client, Landlord may, from time to time in its sole discretion, without prejudice to any provision other remedy, use and apply the Security Deposit to the extent necessary to make good any arrearages of this Leaserent and any other damage, injury, expense or liability suffered by Landlord may use by such Event of Default. Following any part such application of the Security Deposit for Deposit, Client shall pay to Landlord on demand as Additional Rent the payment of any rent or any other sum amount so applied in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient order to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach amount. If Client is not then in default hereunder, any remaining balance of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned by Landlord to Tenant at such Client within a reasonable period of time after the termination of this Lease when and (i) Client shall have surrendered the entire Premises to Landlord, (ii) Landlord shall have determined that inspected the Premises after such vacation, and (iii) Client shall have complied with all of Tenant's obligations under this the terms, conditions and covenants in the Lease including payment of Basic Rental, Additional Rent, and accrued but unpaid late charges. If Landlord transfers its interest in the Premises during the Lease Term, Landlord shall assign the Security Deposit to the transferee and thereafter shall have been fulfilledno further liability for the return of such Security Deposit.

Appears in 2 contracts

Samples: Lease Agreement (2U, Inc.), Lease Agreement (2U, Inc.)

Security Deposit. Tenant shall deposit the Security Deposit deposit, with Landlord upon the execution of this Lease. Said sum shall be held by Landlord Landlord, as security for the full and faithful performance by Tenant of all the terms, covenants and conditions every provision of this Lease to be kept and performed by Tenant and not Xxxxxx, those sums which, in total, are stated in the Basic Lease Provisions as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultthe “Security Deposit”. If Tenant defaults with respect to any provision provisions or covenants of this Lease, including, but not limited to, the provisions of this Lease relating to the payment of Rent, Landlord may use use, apply or retain all or any part of the Security Deposit for the payment of any rent or any other sum Rent in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so usedused or applied, Tenant shall within five ten business (5510) days after written demand therefor, deposit cash with Landlord an amount in amounts sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach an event of default under this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the this Security Deposit separate from its general funds, funds and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time within thirty (30) days after termination both (i) the expiration of the Term, and (ii) Tenant’s return of possession and control of the Premises to Landlord in keeping with Section 21.3 of this Lease when Landlord shall have determined that all Lease. Tenant expressly waives the provisions of TenantSection 1950.7 of the California Civil Code, as amended or recodified from time to time, relating to Landlord's obligations under this Lease have been fulfilledin connection with security deposits.

Appears in 2 contracts

Samples: Retail Lease Agreement, Retail Lease Agreement

Security Deposit. a. Tenant shall deposit the Security Deposit has deposited with Landlord upon the execution sum of this Lease. Said sum shall be held by Landlord as security for $4,231.50 to secure the full and faithful performance by Tenant of all the terms, covenants and conditions every provision of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease; including but not limited to the provisions relating to the payment of rent, Landlord may use use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any rent or any other sum sum. in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or or-to compensate Landlord for any other loss or damage which Landlord may suffer by bar reason of Tenant's default. If any portion of said deposit `is so usedused or applied, Tenant shall within five (5) days after written demand therefor, therefor deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount amount, and Tenant's failure to do so shall be a material breach of this Lease. Except to such extentSaid deposit shall not be considered as liquidated damages. If claims of Landlord exceed said deposit, if anyTenant shall remain liable for the balance of such, as shall be required by law, claims. Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilled.

Appears in 2 contracts

Samples: Office Lease (Bsi2000 Inc), Office Lease (Bsi2000 Inc)

Security Deposit. Tenant shall agrees to deposit the Security Deposit with Landlord upon the execution of this Lease. Said Lease the sum shall be held by Landlord of $ not as prepayment of rent but as security for the faithful performance and observance by Tenant of all the obligations and duties required of Tenant by this Lease. In the event Tenant defaults in respect of any of such obligations and duties including, but not limited to, the payment for construction items, if any, the payment of fixed monthly rent or part of the security so deposited to the extent required for the payment of any fixed monthly rent, for any sum which Landlord may expend or may be required to expend by reason of Tenant’s default in respect of any of the terms, covenants and conditions of this Lease Lease. Upon notice by Landlord, Tenant shall pay to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use within ten (10) days after demand therefore; any part of the Security Deposit for security so used or applied by Landlord so the payment of any rent or any other sum in default, or for the payment of any amount which Landlord security may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit be restored to its original amount and Tenant's failure to do so shall be a material breach of this Leaseamount. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep In the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If event that Tenant shall fully and faithfully perform every provision comply with all the terms, provisions, covenants and conditions of this Lease to be performed by itLease, the Security Deposit or any balance thereof security shall be returned to Tenant at such time after the date of termination of the term of this Lease when and after delivery of entire possession of the premises to Landlord. In the event of a sale or lease of the Plaza, Landlord shall have determined that the right to transfer and assign the security to the vendee, assignee or lessee and Landlord shall thereupon be automatically released by Tenant from all liability for the return of Tenant's obligations under this Lease have been fulfilledsuch security; and Tenant shall look solely to the new landlord for the application or return of said security. Tenant will not assign or encumber the security, and neither Landlord nor his successors or assigns shall be bound by any such assignment or encumbrance.

Appears in 2 contracts

Samples: www.zimdevelopment.com, www.zimdevelopment.com

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon 5.1 Upon the execution of this Lease. Said sum , Tenant shall be held by deposit with Landlord a security deposit ("Security Deposit") in cash in the amount specified in Section 1.21 above as security for the faithful performance and observation by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositaccounts. If Tenant shall fully and faithfully perform every provision defaults in respect of any of the terms, covenants or conditions of this Lease to be performed by itLease, including, without limitation, the payment of Rent, Landlord may use, apply or retain the whole or any part of the Security Deposit to the extent required for the payment of any Base Rent or any balance thereof shall other sum as to which Tenant is in default, including, without limitation, (a) any sum which Landlord may expend or may be returned required to Tenant at such time after termination expend by reason of Tenant's default in respect of any of the terms, covenants or conditions of this Lease when Lease, or to compensate Landlord for any loss or damage which Landlord may suffer thereby, and/or (b) any damages or deficiency in the reletting of the Premises, whether such damages or deficiency accrue or accrues before or after summary proceedings or other reentry by Landlord. If Landlord applies or retains any part of the Security Deposit, Tenant, upon demand, shall immediately deposit with Landlord the amount so applied or retained so that Landlord shall have determined that the full Security Deposit on hand at all of times during the Term; Tenant's obligations under this Lease failure to do so shall constitute an act of default, and Landlord shall have been fulfilled.the right to exercise any remedy provided for in Section 15.2

Appears in 2 contracts

Samples: Office Lease (JCM Partners LLC), Office Lease (JCM Partners LLC)

Security Deposit. Tenant shall deposit the Security Deposit Concurrently with Landlord upon the its execution of this Lease. Said sum shall be held by , Tenant will deliver to Landlord as security the Security Deposit for the faithful performance by Tenant of all the terms, covenants every covenant and conditions condition of this Lease to Lease. The deposit may be kept commingled with other funds of Landlord and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultwill bear no interest. If if Tenant defaults with respect to any provision covenant or condition of this Lease, Landlord including but not limited to the payment of Rent or any other charges, Landlord, at landlord's option, may use apply the whole or any part of the Security Deposit for security deposit to the payment of any rent sum in defaults or any other sum in default, or for the payment of any amount which that Landlord may spend or become obligated be required to spend by reason of Tenant's default, . If Landlord elects to apply the whole or to compensate Landlord for any other loss or damage which Landlord may suffer by reason part of Tenant's Security deposit to the payment of any sum, Landlord may do so without waiver of any Tenant, default. If any portion is , and Landlord may demand that Tenant deliver a sum equal to the amount so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and applied by landlord Tenant's failure to do so shall be a material breach deliver the sum to replenish Tenant's security deposit within ten(10)days following delivery of written demand by Landlord will constitute an additional default by Tenant under this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully complies with all of the covenants and faithfully perform every provision condition of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall remaining will be returned to Tenant at such time after termination within 14 days of this Lease when Landlord shall have determined that all the expiration of Tenant's obligations under this Lease have been fulfilledthe term hereof.

Appears in 2 contracts

Samples: Office Lease Agreement (Vestin Group Inc), Office Lease Agreement (Vestin Group Inc)

Security Deposit. $27,144.33 payable on the Effective Date. Upon the occurrence of any Event of Default, Landlord may, from time to time, without prejudice to any other remedy, use the security deposit paid to Landlord by Tenant as herein provided to the extent necessary to make good any arrears of Rent (as hereinafter defined) and any other damage, injury, expense or liability caused to Landlord by such Event of Default. Following any such application of the security deposit, Tenant shall pay to Landlord within ten (10) days of demand the amount so applied in order to restore the security deposit to the Security Deposit with Landlord upon amount thereof existing prior to such application. Any remaining balance of the execution of this Lease. Said sum security deposit shall be held returned by Landlord as security for to Tenant within sixty (60) days after the faithful performance by Tenant of all the terms, covenants and conditions termination of this Lease Agreement and after Tenant provides written notice to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case Landlord of Tenant's default. If Tenant defaults with respect to any provision of this Lease’s forwarding address; provided, however, Landlord may use any part of shall have the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated right to spend by reason of Tenant's default, or retain and expend such remaining balance (a) to compensate reimburse Landlord for any and all rentals or other loss or damage which Landlord may suffer sums due hereunder that have not been paid in full by reason of Tenant's default. If any portion is so used, Tenant and/or (b) for cleaning and repairing the Leased Premises if Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient fail to restore deliver same at the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach termination of this LeaseLease Agreement in a neat and clean condition and in as good a condition as existed at the date of possession of same by Tenant, ordinary wear and tear and casualty loss only excepted. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to any interest on such the security deposit. If Tenant Such security deposit shall fully and faithfully perform every provision not be considered an advance payment of this Lease to be performed rental or a measure of Landlord’s damages in case of an Event of Default by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilled.

Appears in 2 contracts

Samples: Lease Agreement (Bellicum Pharmaceuticals, Inc), Lease Agreement (Bellicum Pharmaceuticals, Inc)

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Security Deposit. Tenant shall pay to Landlord a security deposit in the Security Deposit with amount set forth in Section 1 hereof which Landlord upon the execution of this Lease. Said sum shall be held by Landlord will hold as security for the faithful performance by Tenant of all the terms, its covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of agreements under this Lease. In no event shall Landlord be obliged to apply same to rents or other charges in arrears or damages for Tenant’s default hereunder, but Landlord may use any part so apply the security deposit at its option following the expiration of all applicable notice and cure periods. Landlord’s right to possession of the Security Deposit Premises for Tenant’s default (following the payment expiration of any rent all applicable notice and cure periods) or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep affected by the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such fact that Landlord holds said security deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed The security deposit, if not so applied by itLandlord, the Security Deposit or any balance thereof shall be returned to Tenant at such time within thirty (30) days after termination of this Lease when terminates, provided that Tenant shall have vacated the Premises and delivered the same to Landlord, as herein provided. In the event of any transfer of Landlord’s interest in the Premises, Landlord shall have determined that the right to transfer its interest in the security deposit, whereupon Landlord shall be released of all liability with respect to such security deposit, and Tenant shall look solely to such transferee for the return of Tenant's obligations under this Lease have been fulfilledsame.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Verrica Pharmaceuticals Inc.)

Security Deposit. A deposit (the "Security Deposit") in the amount set forth in Section H on page 2 shall be paid by Tenant shall deposit the Security Deposit with Landlord upon the execution of this Lease. Said sum Lease and shall be held by Landlord without liability for interest and as security for the faithful performance by Tenant of all the terms, Tenant's covenants and conditions of obligations under this Lease to Lease, it being expressly understood that the Security Deposit shall not be kept and performed by Tenant and not as considered an advance rental deposit payment of rent or as a measure of Landlord's damage damages in case of default by Tenant's default. If Tenant defaults with respect Upon the occurrence of any breach or default under this Lease by Tenant, Landlord may, from time to time, without prejudice to any provision of this Leaseother remedy, Landlord may use any part of the Security Deposit for or any portion thereof to the payment extent necessary to make good any arrearages of any rent or any other sum in defaultdamage, injury, expense, or for the payment of any amount which liability caused to Landlord may spend by such breach or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If Following any portion is so usedapplication of the Security Deposit, Tenant shall within five (5) days after written pay to Landlord on demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and amount. In the event of bankruptcy or other debtor relief proceedings by or against Tenant's failure to do so , the Security Deposit shall be a material breach deemed to be applied first to the payment of this Leaserent and other charges due Landlord, in the order that such rent or charges became due and owing, for all periods prior to filing of such proceedings. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after Upon termination of this Lease when any remaining balance of the Security Deposit shall be returned by Landlord shall have determined that all to Tenant within 14 days after termination of Tenant's obligations under this Lease have been fulfilledtenancy.

Appears in 2 contracts

Samples: Office Lease (Pac-West Telecomm Inc), Lease (Integrated Communication Networks Inc)

Security Deposit. The Tenant shall deposit has deposited, or forthwith following execution and delivery of this Lease by the Landlord will deposit, with the Landlord the Security Deposit. The Security Deposit with Landlord upon the execution of this Lease. Said sum shall will be held by the Landlord as security for the faithful performance by the Tenant of all of the terms, covenants and conditions provisions of this Lease to be kept and performed or observed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of the Tenant's default. If the Tenant fails to pay Rent or otherwise defaults with respect to any provision of this Lease, the Landlord may use use, apply or retain all or any part portion of the Security Deposit for the payment of any rent or any other sum Rent in default, or for the payment of any amount which other expense that the Landlord may spend or become obligated to spend incur by reason of the Tenant's ’s default, or to compensate the Landlord for any other loss or damage which that the Landlord may suffer by reason of Tenant's defaultthereby. If the Landlord so uses or applies all or any portion is so usedof the Security Deposit, the Tenant shall will within five (5) 10 days after written demand therefor, therefor deposit cash with the Landlord in an amount sufficient to restore the Security Deposit to its original the full amount and Tenant's failure to do so shall be a material breach of this Leasethereof. Except to such extent, if any, as shall be required by law, The Landlord shall will not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositaccounts. If the Tenant shall fully and faithfully perform every provision performs all of this Lease to be performed by itthe Tenant’s obligations hereunder, the Security Deposit Deposit, or any balance so much thereof shall as has not theretofore been applied by the Landlord, will be returned returned, without payment of interest or other increment for its use, to the Tenant at such time the expiration of the Term, and after termination the Tenant has vacated the Premises in accordance with the provisions of this Lease when Lease. No trust relationship is created herein between the Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledand the Tenant with respect to the Security Deposit.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the Upon execution of this Lease, Tenant shall pay to Landlord a security deposit in the amount set forth in Paragraph 7(c) of the Fundamental Lease Provisions. Said Such sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants covenants, and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultduring the term hereof. If Tenant defaults with respect to any provision of this Lease, including, without limitation, the provisions relating to the payment of rent, Landlord may use (but shall not be required to) use, apply or retain all or any part of the Security Deposit for security deposit to the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of the security deposit is so usedused or applied, Tenant shall shall, within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, and shall not be deemed a trustee of the security deposit. Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or, at such time after termination of this Lease when Landlord shall have determined that all Landlord's option, to the last assignee of Tenant's obligations under interest hereunder) at the expiration of the Lease term. In the event of termination of Landlord's interest in this Lease have been fulfilledLease, Landlord shall transfer any remaining balance of such deposit to Landlord's successor in interest.

Appears in 2 contracts

Samples: Office Building Lease (More Com Inc), More Com Inc

Security Deposit. Tenant shall deposit the Security Deposit with Landlord pay to Landlord, immediately upon the execution of this Lease. Said , the sum shall be held by Landlord specified in the Basic Lease Provisions as security for the full and faithful performance by Tenant of all the terms, covenants and conditions every provision of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision provisions of this Lease, including, but not limited to, the provisions relating to the payment of rent, Landlord may use (but shall not be required to) use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any rent or any other sum in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so usedused or applied, Tenant shall shall, within five ten (510) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. No trust relationship is created hereby with respect to such security deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to the Tenant (or at such time after termination of this Lease when Landlord shall have determined that all the Landlord's option, to the last assignee of Tenant's obligations under this Lease have been fulfilledinterests hereunder) within thirty (30) days upon expiration of the Term.

Appears in 2 contracts

Samples: Work Letter Agreement (Convera Corp), Letter Agreement (Convera Corp)

Security Deposit. Tenant shall deposit the Security Deposit with pay to Landlord upon the execution of this Lease. Said sum shall be held by Landlord Lease a security deposit in the amount set forth in the Basic Lease Information as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease Lease. The security deposit shall be increased on each Adjustment Date to equal the then-applicable Minimum Base Rent. Tenant agrees that Landlord may (but shall not be kept and performed required to) apply the security deposit in whole or in part to remedy any damage to the Premises caused by Tenant, Xxxxxx’s Agents or Tenant’s Invitees, or any failure of Tenant and not as an advance rental deposit to perform any other terms, covenants or as a measure conditions contained in this Lease, without waiving any of Landlord's damage other rights and remedies hereunder or at Law or in case of Tenant's defaultequity. If Tenant defaults with respect to any provision of this Lease, Should Landlord may use any part portion of the Security Deposit for the payment security deposit to cure any Event of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend Default by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedTenant hereunder, Tenant shall immediately replenish the security deposit to the original amount, and Xxxxxx's failure to do so within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenantof Landlord's failure to do so notice shall be constitute a material breach Event of Default under this Lease. Except Landlord's obligations with respect to such extent, if any, as shall be required by law, the security deposit are solely that of debtor and not trustee. Landlord shall not be required to keep the Security Deposit security deposit separate from its general funds, and Tenant shall not be entitled to any interest on such deposit. If Tenant The amount of the security deposit shall fully and faithfully perform every provision not be deemed to limit Tenant's liability for the performance of any of its obligations under this Lease Lease. To the extent that Landlord is not entitled to be performed by itretain or apply the security deposit pursuant to this Section, the Security Deposit or any balance thereof Landlord shall be returned return such security deposit to Tenant at such time after within forty-five (45) days of the termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledLease.

Appears in 2 contracts

Samples: Island Marina Lease, Sailing Center Lease

Security Deposit. 5.1 Tenant shall deposit the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's ’s damage in case of Tenant's ’s default. If Tenant defaults an Event of Default occurs with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's ’s failure to do so shall be a material breach of this LeaseLease unless Tenant provides a good faith basis to dispute the charge to be applied against the Security Deposit, but this right to dispute shall not apply where the Security Deposit is applied against unpaid amounts of the Monthly Installment of Rent. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time within thirty (30) days after termination of this Lease when Landlord shall have determined that all of Tenant's ’s obligations under this Lease have been fulfilled.

Appears in 2 contracts

Samples: Lease (Aspen Aerogels Inc), Lease (Aspen Aerogels Inc)

Security Deposit. Tenant shall deposit As of the Security Deposit with Landlord upon the parties’ execution of this Lease. Said sum , Tenant shall be held by deliver the Security Deposit in the amount of $20,000 to Landlord paid over twelve months beginning September 1, 2015 as $1,666.67 consistent with Section 1.01 as partial security for the faithful performance by Tenant of all the terms, covenants and conditions provisions of this Lease to be kept and performed Lease. In the event of any Default by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of under this Lease, Landlord may use shall have the right to apply all or any part portion of the Security Deposit for to cure the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's defaultDefault and reinstate this Lease, or to otherwise compensate Landlord for all damages sustained by Landlord resulting from or in connection with such Default. In the event of any other loss or damage which Landlord may suffer such application of the Security Deposit by reason of Tenant's default. If any portion is so usedLandlord, Tenant shall within five (5) days after written upon demand therefor, deposit with deliver to Landlord an amount sufficient the sum required to restore the Security Deposit to its original the amount and Tenant's failure to do so shall be a material breach set forth in Section 1.01. Provided that Tenant is not in Default at the expiration or termination of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep return any remaining portion of the Security Deposit separate from its general funds, and to Tenant within thirty (30) days after the date of such expiration or termination. Landlord's rights with respect to the Security Deposit are those of a trustee. Landlord shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, commingle the Security Deposit or any balance thereof with Landlord's general funds and shall have no obligation to pay Tenant interest on the Security Deposit. In the event of a transfer of Landlord's interest in this Lease during the Term hereof, provided Landlord transfers the then unapplied Security Deposit to the transferee and the transferee agrees and actually does deposit the check to a trust account held for the sole use of this provision, Landlord shall be returned discharged from any further liability with respect to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledthe Security Deposit.

Appears in 2 contracts

Samples: Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.)

Security Deposit. Tenant shall deposit will pay Landlord on the date of this Lease such Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance of the terms hereof by Tenant. Tenant shall not be entitled to interest thereon and Landlord may commingle such Security Deposit with any other funds of all the terms, covenants and conditions of this Lease to Landlord. The Security Deposit shall not be kept and performed by Tenant and not as considered an advance payment of rental deposit or as a measure of Landlord's damage ’s damages in case of default by Tenant's default. If a default by Tenant defaults with respect to any provision of shall occur under this Lease, Landlord may use may, but shall not be required to, from time to time, without prejudice to any other remedy, use, apply or retain all or any part of the this Security Deposit for the payment of any rent Rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default, including, without limitation, costs and attorneys’ fees incurred by Landlord to recover possession of the Premises. If Landlord shall use, apply or retain all or any portion is so usedpart of the Security Deposit as provided for above, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original the amount set forth in the Basic Lease Information within thirty (30) days after receipt of notice from Landlord. Within ten (10) business days after the expiration of the Lease, provided no default by Tenant under this Lease shall have occurred and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by lawcontinuing, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned return to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilled(the “Security Deposit”).

Appears in 2 contracts

Samples: Office Lease (Elevate Credit, Inc.), Office Lease (Elevate Credit, Inc.)

Security Deposit. Tenant shall deposit the Security Deposit 12.1 Simultaneously with Landlord upon the Tenant’s execution of this Lease, Tenant shall deposit with Landlord the Security Deposit as stated in the Rider. Said sum Landlord shall not be required to maintain the Security Deposit in a separate account. Except as may be required by law, Tenant shall not be entitled to interest on the Security Deposit. The Security Deposit shall be held by Landlord as security for the faithful Tenant’s performance by Tenant of all the terms, covenants and conditions of its obligations under this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure Lease. Within three (3) business days after written notice of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may ’s use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedthereof, Tenant shall within five (5) days after written demand therefor, deposit with Landlord cash in an amount sufficient to restore the Security Deposit to its original amount prior to such use, and Tenant's ’s failure to do so shall be constitute a material breach default hereunder. Within approximately thirty (30) days after the later of (a) the expiration or earlier termination of the Lease Term, or (b) Tenant’s vacating the Premises, Landlord shall return the Security Deposit less such portion thereof as Landlord shall have used to satisfy Tenant’s obligations under this Lease. Except If Landlord transfers the Security Deposit to any transferee of the Building or Landlord’s interest therein, then such extent, if any, as transferee shall be required by lawliable to Tenant for the return of the Security Deposit, and Landlord shall be released from all liability for the return of the Security Deposit. The holder of any Mortgage shall not be required to keep liable for the return of the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on unless such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, Mortgage holder actually receives the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledDeposit.

Appears in 2 contracts

Samples: Lease Agreement (LifeWatch Corp.), Lease Agreement (Pc Connection Inc)

Security Deposit. Landlord acknowledges that Tenant shall deposit has deposited with Landlord the Security Deposit with Landlord upon referenced in the execution of this Lease. Said sum shall be held by Landlord as security for Schedule (the faithful performance by Tenant of all the terms“Security Deposit”), covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore apply the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of any delinquent Rent due Landlord under this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully the Security Deposit, and faithfully perform every provision of this Lease to be performed by it, Landlord may commingle the Security Deposit or with other funds of Landlord. Furthermore, Landlord at its option may apply such part of the Security Deposit as may be necessary to cure any balance thereof shall be returned default by Tenant under this Lease, and if Landlord does so, Tenant shall, upon demand, redeposit with Landlord an amount equal to Tenant that amount so applied so that Landlord will have the full Security Deposit on hand at such time after all times during the Term of this Lease. Upon the termination of this Lease when Lease, provided Tenant is not in default hereunder, Landlord shall refund to Tenant any of the then remaining balance of the Security Deposit without interest. In the event of a sale or leasing of the Building referenced in the Schedule (the “Building”) or the real property on which the Building is located, Landlord shall have determined that the right to transfer the Security Deposit to the vendee or lessee and Landlord shall thereupon be released by Tenant from all liability for the return of Tenant's obligations under this Lease have been fulfilledthe Security Deposit and Tenant agrees to look to the new lessor solely for the return of the Security Deposit. The provisions hereof shall apply to every transfer or assignment made of the Security Deposit to a new lessor.

Appears in 2 contracts

Samples: Retail Lease Agreement, Lease Agreement (Franklin Financial Network Inc.)

Security Deposit. Tenant shall deposit the Security Deposit has deposited with Landlord upon the execution sum shown on the Summary of this Lease. Said sum shall be held by Landlord Fundamental Provisions as security for the full and faithful performance by Tenant of all the termsTenant’s obligations under this Lease. The security deposit shall not earn interest, covenants and conditions of this Lease to shall not be kept and performed by Tenant and not as considered an advance rental deposit payment of rent or as a measure of Landlord's damage ’s damages in case the event of a default by Tenant's default. If Tenant defaults with respect to in the performance of any provision of Tenant’s obligations under this Lease, including the payment of Rents, Landlord may use may, but shall not be obligated to, use, apply or retain all or any part of the Security Deposit security deposit to the extent required for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If Landlord shall so use, apply or retain all or any portion is part of the security deposit, Tenant shall upon demand immediately deposit with Landlord a sum equal to the amount so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositapplied or retained. If Tenant shall fully and faithfully perform every provision comply with all of Tenant’s obligations under this Lease to be performed by itLease, the Security Deposit security deposit or any balance thereof shall be returned paid to Tenant at such time within thirty (30) days after termination of the date on which this Lease when shall expire or sooner terminate, and after delivery to Landlord shall have determined that of possession of the Premises and after all of Tenant's obligations under payments required to be made by Tenant in this Lease Lease, have been fulfilledpaid.

Appears in 2 contracts

Samples: Office Lease Agreement (Mathstar Inc), Office Lease Agreement (Mathstar Inc)

Security Deposit. Landlord does hereby acknowledge that Tenant shall has delivered to Landlord a security deposit in the amount of $6,715 (the "Security Deposit"). The Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord Landlord's as security for the faithful performance by Tenant of all the terms, Tenant's covenants and conditions of obligations under this Lease to Lease, it being expressly understood that such Security Deposit shall not be kept and performed by Tenant and not as considered an advance rental deposit payment of rent or as a measure of Landlord's damage in case of a default by Tenant. The Security Deposit may be commingled with Landlord's funds without accounting thereof to Tenant. Upon the occurrence of any event of default by Tenant, Landlord may, from time to time, without prejudice to any other remedy, use such Security Deposit to the extent necessary to make good any arrearage of rent or other changes unpaid by Tenant and any other damages, injury, expense, or liability caused to Landlord by such event of default. If Tenant defaults with respect to Following any provision of this Lease, Landlord may use any part such application of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedDeposit, Tenant shall within five (5) days after written promptly pay to Landlord on demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit to its original amount and Tenant's failure to do so amount. If Tenant is not then in default hereunder, any remaining balance of such Security Deposit shall be a material breach returned by Landlord to Tenant upon termination of this Lease. Except to such extent, if any, as shall be required by lawUpon sale or conveyance of the building, Landlord shall not pay over the balance of such deposits and any advanced rent in its possession to the purchaser and Landlord shall thereupon be required relieved from all liability with respect to keep the Security Deposit separate from its general funds, same and Tenant shall not be entitled look solely to interest on such depositthe purchaser with respect thereto. If Tenant shall fully and faithfully perform every provision of this Lease agrees that from time to be performed time upon no less then ten (10) days' prior request by itLandlord, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that will deliver a statement in writing certifying all of Tenant's obligations under this Lease have been fulfilled.the following:

Appears in 2 contracts

Samples: Lease (Invisa Inc), Lease (Invisa Inc)

Security Deposit. Tenant shall deposit the The Security Deposit with Landlord upon set forth in paragraph 1, if any, shall secure the execution performance of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultobligations hereunder. If Tenant defaults with respect Landlord may, but shall not be obligated to any provision of this Lease, Landlord may use any part apply all or portions of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason on account of Tenant's default, obligations hereunder. In the event that Landlord applies all or a portion of the Security Deposit to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedobligations hereunder, Tenant shall be obligated, within five ten (510) days after written demand thereforof receipt of notice from Landlord, to deposit cash (or restore the LC) with Landlord in an amount sufficient to restore the Security Deposit to its original the full amount and Tenant's failure stated in paragraph 1.8 above, subject to do so reduction as may be provided under this Lease. Failure to deposit such cash shall be a material breach default under the terms of this Lease. Except Provided Tenant is not in default, any balance remaining upon termination of the Lease shall be returned to Tenant within fifteen (15) days after expiration. Tenant shall not have the right to apply the Security Deposit in payment of the last month's rent. No interest shall be paid by Landlord on he Security Deposit. In the event of a sale of the Project, Landlord shall have the right to transfer the Security Deposit to the purchaser and upon such transfer Landlord shall have no further liability with respect thereto, and Tenant agrees to look solely to such extent, if any, as purchaser for the return of the Security Deposit provided such transferee shall be required by law, have acknowledged in writing the receipt of such security and the obligations with respect thereto under this Lease. Landlord shall not be required to keep the Security Deposit separate from its general fundsin a segregated account, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall may be returned to Tenant at such time after termination commingled with other funds of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledLandlord.

Appears in 2 contracts

Samples: Office Lease (Starmedia Network Inc), Office Lease (Starmedia Network Inc)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time within sixty (60) days after termination of this Lease when Landlord shall have determined that and all of Tenant's obligations under this Lease have been fulfilled.

Appears in 1 contract

Samples: Omp Inc

Security Deposit. 5.1 Tenant shall deposit the Security Deposit with Landlord upon the execution of this Lease. Said sum The Security Deposit may be in the form of cash or a Letter of Credit, as provided in Section 5.2 below. The Security Deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's ’s damage in case of Tenant's ’s default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's ’s failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's ’s obligations under this Lease have been fulfilled; however, in no event more than sixty (60) days after termination of the Lease.

Appears in 1 contract

Samples: Lease (Acell Inc)

Security Deposit. Landlord acknowledges that it has received from Tenant shall deposit the Security Deposit sum of $ 2,595.38 which is to remain on deposit, without liability for interest, with Landlord upon during the execution term of this Lease. Said sum shall be held by Landlord Lease and any extensions as security for the payment of rent and full and faithful performance by Tenant of all the terms, covenants and conditions terms of this Lease to Lease. In the event of any default, the sum shall be kept retained by Landlord and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's may be applied toward damages arising from the default. If Tenant defaults with respect to any provision The deposit shall not be construed as liquidated damages. Upon yielding of the Premises at the termination of this Lease, and provided no default or nonpayment has occurred, the security deposit shall be returned to the Tenant. If Landlord may use conveys its interest under this Lease, the deposit, or the part not previously applied, shall be turned over to Landlord's grantees or assignees. Tenant shall release Landlord from any part liability with respect to the deposit and shall look solely to the grantee or assignee. This provision shall also apply to subsequent grantees or assignees. Tenant shall not assign, pledge, mortgage or otherwise hypothecate its interest in the security deposit. This sum is not made in payment of rent. If the Security Deposit deposit, or any portion thereof, is appropriated and applied by Landlord for the payment of any overdue rent or any other sums due and payable to Landlord by Tenant then Tenant shall, upon written demand by Landlord, remit to Landlord a sufficient amount in cash to restore the security to the original sum in defaultdeposited, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of and Tenant's default, or failure to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is do so used, Tenant shall within five (5) days after written receipt of such demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be constitute a material breach of default under this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilled.

Appears in 1 contract

Samples: Lease (Nationwide Companies Inc)

Security Deposit. Tenant shall deposit the Security Deposit has deposited with Landlord upon as security for the execution performance by Tenant of the terms of this LeaseLease the sum hereinabove set forth. Said Such sum shall be held by Landlord as security for the faithful performance by Tenant free of all the termstrust, covenants and conditions of this Lease to may be kept and performed by Tenant and not as an advance rental deposit or as a measure of co-mingled with other (including Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5’s own) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to receive the interest earned thereon, if any. Landlord may use or apply on such depositTenant’s behalf or retain (without liability for interest) during the Term the whole or any part of the security so deposited to the extent required for the payment of any rent or other sums as to which Tenant may be in default hereunder or for any sums which Landlord may expend by reason of Tenant’s default in respect of any of the terms of this Lease, including but not limited to any deficiency or damage incurred in reletting the Premises. If Provided Tenant shall fully and faithfully perform every provision comply with all the terms of this Lease to be performed by itLease, the Security Deposit or any balance thereof such security shall be returned to Tenant at such time after upon termination of this Lease when and after surrender of possession of the Premises to Landlord. In the event of a sale of the Shopping Center or assignment of this Lease by Landlord, Landlord shall have determined that all the right to transfer the security to its vendee or assignee, subject to Tenant’s aforesaid rights upon termination, and thereupon Landlord shall be released from any liability with respect to the return of such security to Tenant's obligations under this Lease have been fulfilled, such vendee or assignee to be solely responsible to Tenant therefor. Tenant shall not assign or encumber its interest in the security deposit, and neither Landlord nor its successors and assigns shall be bound by any attempted assignment or encumbrance thereof.

Appears in 1 contract

Samples: Retail Space Lease (FlexShopper, Inc.)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon execution hereof the execution security deposit set forth in paragraph 1.9 of this Lease. Said sum shall be held by Landlord the Basic Lease Provisions as security for the Tenant's faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultobligations hereunder. If Tenant fails to pay rent or other charges due hereunder, or otherwise defaults with respect to any provision of this Lease, Landlord may use use, apply or retain all or any part portion of the Security Deposit said deposit for the payment of any rent or any other sum charge in default, or for the payment of any amount other sum to which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultthereby. If Landlord so uses or applies all or any portion is so usedof said deposit, Tenant shall shall, within five ten (510) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore said deposit to the Security Deposit to its original full amount and then required of Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit said security deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositaccounts. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that performs all of Tenant's obligations under this Lease have hereunder, said deposit, or so much thereof as has not heretofore been fulfilledapplied by Landlord, shall be returned, without payment of interest or other increment for its use, to Tenant (or at Landlord's option, to the last assignee, if any, of Tenant's interest hereunder) within a reasonable time after the expiration of the term hereof, and after Tenant has vacated the Premises. No trust relationship is created herein between Landlord and Tenant with respect to said Security Deposit.

Appears in 1 contract

Samples: Office Lease (Quespasa Com Inc)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the On execution of this Lease, Tenant shall deliver to Landlord cash in the amount specified as the Security Deposit in the Basic Lease Information. Said sum The Security Deposit shall be held by Landlord as security for the faithful performance by Tenant of all of the terms, covenants and conditions provisions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultLease. If Tenant fails to pay Rent or other charges due hereunder, or otherwise defaults with respect to any provision of this Lease, Landlord may use use, apply or retain all or any part portion of the Security Deposit for the payment of any rent Rent or any other sum charge in default, or for the payment of any amount other sum to which Landlord may spend or become obligated to spend by reason of Tenant's ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultthereby. If Landlord so uses or applies all or any portion is so usedof the Security Deposit, Tenant shall then within five ten (510) days after written demand therefor, therefor Tenant shall deposit cash with Landlord in an amount sufficient to restore the Security Deposit deposit to its original the full amount thereof, and Tenant's ’s failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositaccounts. If Tenant shall fully and faithfully perform every provision performs all of this Lease to be performed by itTenant’s obligations hereunder, the Security Deposit Deposit, or any balance so much thereof as has not theretofore been applied by Landlord, shall be returned to Tenant without payment of interest for its use (or, at such time Landlord’s option to the last assignee, if any, of Tenant’s interest hereunder) within thirty (30) days after the expiration or earlier termination of this Lease when Lease, and after Tenant has vacated the Premises. No trust relationship is created herein between Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledand Tenant with respect to the Security Deposit.

Appears in 1 contract

Samples: Lease (Enphase Energy, Inc.)

Security Deposit. Concurrently with Tenant’s execution of the Lease, Tenant shall deposit with Landlord the Security Deposit with Landlord upon specified in the execution Basic Lease Information as security for the full and faithful performance of each and every term, covenant and condition of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use use, apply or retain the whole or any part of the Security Deposit for as may be reasonably necessary (a) to remedy Tenant’s default in the payment of any rent or any other sum in defaultRent, or (b) to repair damage to the Premises caused by Tenant, (c) to clean the Premises upon termination of this Lease, (d) to reimburse Landlord for the payment of any amount which Landlord may reasonably spend or become obligated be required to spend by reason of Tenant's ’s default, or (e) to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion is so usedShould Tenant faithfully and fully comply with all of the terms, Tenant shall covenants and conditions of this Lease, within five thirty (530) days after written demand thereforfollowing the expiration of the Term, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so or any balance thereof shall be a material breach returned to Tenant or, at the option of Landlord, to the last assignee of Tenant’s interest in this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, funds and Tenant shall not be entitled to any interest on such deposit. If Landlord so uses or applies all or any portion of said deposit, within five (5) days after written demand therefor Tenant shall fully and faithfully perform every provision of this Lease deposit cash with Landlord in an amount sufficient to be performed by it, restore the Security Deposit or any balance thereof to the full extent of the above amount, and Tenant’s failure to do so shall be returned a default under this Lease. In the event Landlord transfers its interest in this Lease, Landlord shall transfer the then remaining amount of the Security Deposit to Tenant at such time after termination of this Lease when Landlord’s successor in interest, and thereafter Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledno further liability to Tenant with respect to such Security Deposit.

Appears in 1 contract

Samples: Lease Agreement (Financial Engines, Inc.)

Security Deposit. Tenant shall deposit Xxxxxx has delivered the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by to Landlord as security for the Xxxxxx's faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of LandlordXxxxxx's damage in case of Tenant's defaultobligations hereunder. If Tenant fails to pay Rent or other charges due hereunder, or otherwise defaults with respect to any provision of this Lease, Landlord may use use, apply or retain all or any part portion of the Security Deposit for the payment of any rent or any other sum in default, Rent or for the payment of any amount other sum to which Landlord may spend or become obligated to spend be entitled by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultthereby. If Landlord uses or applies all or any portion is so usedof the Security Deposit, Tenant shall shall, within five ten (510) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Leasethe full amount. Except to such extent, if any, as shall be required by law, Landlord shall is not be required to keep the Security Deposit separate from its general funds, and accounts or to cause interest to accrue thereon or account to Tenant shall not be entitled to for any interest on such depositwhich is earned thereon. If Tenant shall fully and faithfully perform every provision performs all of this Lease to be performed by itits obligations hereunder, the Security Deposit Deposit, or any balance so much thereof as shall not therefore have been applied by Landlord, shall be returned returned, without interest, to Tenant at such time after termination within thirty (30) days after: (i) the expiration of this the Lease when Term; and (ii) Tenant has vacated the Demised Premises as required by the provisions hereof. No trust relationship is created herein between Landlord shall have determined that all and Tenant with respect to the Security Deposit. The Security Deposit is not an advance payment of TenantRent and is not a measure of Landlord's obligations under this Lease have been fulfilledloss or damages.

Appears in 1 contract

Samples: Commercial Lease (ETHEMA HEALTH Corp)

Security Deposit. Tenant shall deposit has paid or will pay Landlord such sum(s) at such time(s) as are set forth in Item 9 of the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord Basic Lease Provisions as security for the full and faithful performance of the terms hereof by Tenant. Landlord shall not be required to keep this security deposit separate from its general funds and Tenant of all the terms, covenants and conditions of this Lease shall not be entitled to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultinterest thereon. If Tenant defaults with respect to any provision of this Lease, including but not limited to the provisions relating to the payment of rent, Landlord may use may, but shall not be required to, use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any rent or of any other sum in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default, including without limitation, costs and attorneys' fees incurred by Landlord to recover possession of the Premises upon a default by Tenant hereunder. If any portion of said deposit is so usedused or applied, Tenant shall shall, within five (5) days after receipt of written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be constitute a material breach of this Lease. Except to such extent, if any, as shall be required default hereunder by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositTenant. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit shall be applied against any amounts owed by Tenant to Landlord at the expiration or termination of this Lease and any balance thereof shall be returned to Tenant (or, at such time after termination of this Lease when Landlord shall have determined that all Landlord's option, to the last assignee of Tenant's obligations under this Lease have been fulfilledinterest hereunder) within the time specified in Civil Code Section 1950.7.

Appears in 1 contract

Samples: Lease (Nemus Bioscience, Inc.)

Security Deposit. Tenant shall deposit the Security Deposit deposit, with Landlord upon the execution of this Lease. Said sum shall be held by Landlord Landlord, as security for the full and faithful performance by Tenant of all the terms, covenants and conditions every provision of this Lease to be kept and performed by Tenant and not Tenant, those sums which, in total, are stated in the Basic Lease Provisions as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultthe “Security Deposit”. If Tenant defaults with respect to any provision provisions or covenants of this Lease, including, but not limited to, the provisions of this Lease relating to the payment of Rent, Landlord may use use, apply or retain all or any part of the Security Deposit for the payment of any rent or any other sum Rent in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so usedused or applied, Tenant shall within five ten business (5510) days after written demand therefor, deposit cash with Landlord an amount in amounts sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach an event of default under this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the this Security Deposit separate from its general funds, funds and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time within thirty (30) days after termination both (i) the expiration of the Term, and (ii) Tenant’s return of possession and control of the Premises to Landlord in keeping with Section 21.3 of this Lease when Landlord shall have determined that all Lease. Tenant expressly waives the provisions of TenantSection 1950.7 of the California Civil Code, as amended or recodified from time to time, relating to Landlord's obligations under this Lease have been fulfilledin connection with security deposits.

Appears in 1 contract

Samples: Retail Lease Agreement

Security Deposit. Tenant shall deposit the Security Deposit Concurrently with Landlord upon the execution of this Lease. Said sum , Tenant shall be held by deposit with Landlord the Security Deposit (as described in Article 1.5 above) as security for the full and faithful performance by Tenant of all the terms, covenants and conditions every provision of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultXxxxxx. If Tenant defaults Defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of Rent, Landlord may use use, apply or retain all or any part of the Security Deposit for the payment of any rent or Rent and any other sum in default, Default or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, ’s Default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default’s Default. If any portion of the Security Deposit is so usedto be used or applied, Tenant shall deposit cash with Landlord within five (5) days after written demand therefor, deposit with Landlord therefor in an amount sufficient to restore the Security Deposit to its original amount amount, and Tenant's Xxxxxx’s failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositany Security Deposit. If Tenant shall fully and faithfully perform every provision of not be in Default under this Lease to be performed by itLease, the Security Deposit or any balance thereof shall be returned to Tenant (or, at such time after termination of this Lease when Landlord shall have determined that all Landlord’s option, to the last assignee of Tenant's obligations under this Lease have been fulfilled’s interest hereunder) within thirty (30) days after the expiration of the Term and Xxxxxx’s vacation of the Premises.

Appears in 1 contract

Samples: Apyx Medical Corp

Security Deposit. Tenant shall deposit the Security Deposit has deposited with Landlord upon the execution of this Leasesure specified in the Basic Lease Information (Deposit). Said sum The Deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions provisions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultLease. If Tenant fails to pay rent or other sums due under this Lease or defaults with respect to any provision of this Lease, Landlord may use use, apply, or retain all or any part portion of the Security Deposit for the payment of any rent or any other sum sums in default, or for the payment of any amount other sums to which Landlord may spend or become obligated to spend by reason because of Tenant's default, or to compensate Landlord for any other loss or damage which that Landlord may suffer by reason surer because of the Tenant's defaultactions. If any portion is so usedLandlord uses or applies the Deposit, Tenant shall shall, within five ten (510) days after written demand therefordemand, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount the full amount, and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its Landlord's general funds, and Tenant shall not be entitled to interest on such depositaccounts. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that performs all of Tenant's obligations under this Lease, the Deposit or the amount not applied by landlord shall be returned, without interest, to Tenant or at Landlord's option, to the last assignee, if any, of Tenant's interest under this Lease have been fulfilledat the expiration of the Term and after Tenant has vacated the Premises. No trust relationship is created between Landlord and Tenant with respect to the Deposit.

Appears in 1 contract

Samples: Lease ( (Euniverse Inc)

Security Deposit. Tenant shall Tenant, no later than the Commencement Date will deposit the Security Deposit with Landlord upon the execution sum of this Lease. Said sum shall be held by Landlord $55,208.33 as security for the payment by Tenant of the Base Rent and all other sums herein agreed to be paid and for the faithful performance by Tenant of all the terms, conditions and covenants and conditions of this Lease to Lease. If, at any time during the term hereof, Tenant shall be kept and performed by Tenant and not as an advance rental deposit or as a measure in default in the performance of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision provisions of this Lease, then without limiting Landlord’s other remedies for such default, Landlord may shall have the right, but not the obligation, to use any part of the Security Deposit for the said deposit, or so much thereof as necessary, in payment of any rent or any other sum in default, or for the reimbursement of any expense Incurred by Landlord, (including without limitation reasonable attorney’s fees), and in payment of any amount which damages incurred by Landlord may spend or become obligated to spend by reason of Tenant's ’s default. In such event, Tenant shall, on written demand of Landlord, forthwith remit to Landlord a sufficient amount in cash to restore said deposit to its original amount. In the event said deposit has not been utilized as aforesaid, said deposit, or as much thereof as has not been utilized for such purposes, shall be refunded to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall without interest, within five sixty (560) days after written demand therefor, the termination of this Lease upon full performance of this Lease by Tenant and vacation of the Premises by Tenant. Landlord shall have the right to commingle said deposit with other funds of Landlord. Landlord an amount sufficient may deliver the funds deposited herein by Tenant to restore any purchaser or transferee of Landlord’s Interest in the Security Deposit to its original amount Premises in the event such interest is sold or transferred, and Tenant's failure to do so thereupon Landlord shall be a material breach of this Lease. Except discharged from further liability with respect to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If the claims of Landlord exceed the amount of said deposit, Tenant shall fully and faithfully perform every provision remain liable for the balance of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledclaims.

Appears in 1 contract

Samples: Zynex Inc

Security Deposit. Tenant shall deposit the Security Deposit with Landlord shall, upon the execution of this Lease, deposit with Landlord the sum specified in the Basic Lease Information (the "deposit"). Said sum The deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions provisions of this Lease to be kept and performed or observed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant fails to pay rent or other sums due hereunder, or otherwise defaults with respect to any provision of this Lease, Landlord may use use, apply or retain all or any part portion of the Security Deposit deposit for the payment of any rent or any other sum in default, default or for the payment of any amount other sum to which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultthereby. If Landlord so uses or applies all or any portion is so usedof the deposit, Tenant shall within five (5) 10 days after written demand therefor, therefor deposit cash with Landlord in an amount sufficient to restore the Security Deposit deposit to its original the full amount thereof and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit deposit separate from its general fundsaccounts, and Tenant shall not be entitled to interest on such the deposit. If Tenant Within thirty (30) days following the Term Expiration, Landlord shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned return to Tenant at such time after termination any portion of this Lease when Landlord shall have determined that all of the deposit due to Tenant's obligations under this Lease have been fulfilled.

Appears in 1 contract

Samples: Office Lease (Zebu)

Security Deposit. Tenant shall deposit If the Lease Summary provides for a Security Deposit to be paid by Tenant to Landlord, then as security for the performance of its obligations under this Lease, Tenant, simultaneously with Landlord upon the execution of this Lease, shall pay to Landlord a security deposit (the “Security Deposit”) in the amount stated in the Lease Summary. Said sum shall The Security Deposit may be held applied by Landlord as security for to cure any default of Tenant under this Lease, and upon notice by Landlord of such application, Tenant shall replenish the faithful performance Security Deposit in full by promptly paying to Landlord the amount so applied. Landlord shall not pay any interest on the Security Deposit. Within forty five (45) days after the expiration date of the Lease Term, Landlord shall return to Tenant the balance, if any, of all the terms, covenants and conditions of this Lease to Security Deposit. The Security Deposit shall not be kept and performed by Tenant and not as deemed an advance rental deposit payment of rent or as a measure of Landlord's damage in case of damages for any defense to any action which Landlord may at any time commence against Tenant's default. If Tenant defaults with respect Landlord’s interest in the Premises is sold or otherwise transferred, Landlord shall have the right to any provision transfer the Security Deposit to the new owner, and upon the new owner’s express assumption of the obligation for the Security Deposit required by this Lease, Landlord may use any part of shall thereupon be released from all liability for the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general fundsDeposit, and Tenant shall thereafter look solely to such new owner for the Security Deposit. The terms hereof shall apply to every transfer of the Security Deposit. If the Lease Summary does not provide for a Security Deposit to be paid by Tenant to Landlord, then the terms and provisions of this Paragraph 29 shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations applicable under this Lease have been fulfilledand this Lease shall be construed as if the text in this Paragraph 29 were stricken in its entirety.

Appears in 1 contract

Samples: Lease Agreement (North State Bancorp)

Security Deposit. Upon execution of this Lease, Tenant shall deposit the security deposit set forth in Item 9 of the Schedule (the “Security Deposit Deposit”) with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of ’s obligations under this Lease. Upon the occurrence of a Default, Landlord may use all or any part of the Security Deposit for the payment of any rent or any other sum in default, Rent or for the payment of any amount which Landlord may spend pay or become obligated to spend pay by reason of Tenant's defaultsuch Default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultsuch Default. If any portion of the Security Deposit is so used, Tenant shall within five (5) days after written demand therefor, therefor deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its this original amount and Tenant's failure to do so shall be a material breach of this Leaseamount. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositthe Security Deposit. In no event shall the Security Deposit be considered an advanced payment of Rent, and in no event shall Tenant be entitled to use the Security Deposit for the payment of Rent. If no default by Tenant shall fully and faithfully perform every provision of this Lease to be performed by itexists hereunder, the Security Deposit or any balance thereof shall be returned to Tenant at such time within thirty (30) days after termination the expiration of this Lease when the Term and vacation of the Premises by Tenant. Landlord shall have determined that all the right to transfer the Security Deposit to any purchaser of Tenant's obligations under this Lease have been fulfilledthe Building. Upon such transfer, and assumption of liability by the purchaser, Tenant shall look solely to such purchaser for return of the Security Deposit; and Landlord shall be relieved of any liability with respect to the Security Deposit.

Appears in 1 contract

Samples: Office Lease (Addus HomeCare Corp)

Security Deposit. Upon Tenant's execution of this Amendment, Tenant shall deposit the amount of $54,964.02 (the "Cash Security Deposit Deposit") with Landlord upon the execution of this LeaseLandlord. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this the Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this the Lease, Landlord may use any part of the Cash Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) business days after written demand therefor, deposit with Landlord an amount sufficient to restore the Cash Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this the Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Cash Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this the Lease to be performed by it, the Cash Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this the Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledfulfilled but in no event later than thirty (30) days following the termination of the Lease.

Appears in 1 contract

Samples: Lease (Convio, Inc.)

Security Deposit. Tenant shall deposit the Security Deposit has this day deposited with Landlord upon in the execution amount set forth in subparagraph (f) of this LeaseSection 1.1 as security (the “Security Deposit”) for the payment of rent hereunder and the full and faithful performance by Tenant of the covenants and conditions on the part of Tenant to be performed. Said sum shall be held by Landlord as security for returned to Tenant, without interest, sixty (60) days after the faithful performance by expiration of the Term, provided that Tenant of has fully and faithfully performed all the terms, such covenants and conditions of this Lease to be kept and performed by Tenant and is not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultarrears in Fixed Rent and/or Additional Rent. If Tenant defaults with respect to any provision of this LeaseDuring the Term, Landlord may use may, if Landlord so elects, have recourse to such security, to make good any part of default by the Security Deposit for the payment of any rent or any other sum Tenant, in defaultwhich event Tenant shall, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's defaulton demand, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to promptly restore the Security Deposit said security to its original amount amount. In the event of a sale of the Building, Landlord shall have the right to assign or transfer said security, for the benefit of Tenant, to any subsequent owner of the Leased Premises, in which case the assignee shall become liable for the repayment thereof as herein provided, and Tenant's failure to do so the assignor shall be a material breach of this Leasedeemed to be released by Tenant from all liability to return such security. Except to such extent, if any, as This provision shall be required by lawapplicable to every alienation or change in title and shall in no way be deemed to permit Landlord to retain the security after termination of the Landlord’s ownership of the Building. Tenant shall not mortgage, encumber or assign said security without the written consent of Landlord. Landlord shall not be required to keep maintain the Security Deposit security deposit in segregated or separate from accounts and may commingle the security deposit with its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilled.

Appears in 1 contract

Samples: Agreement of Lease (Caprius Inc)

Security Deposit. Tenant shall deposit the Security Deposit Concurrently with Landlord upon the Tenant's execution of this Lease, Tenant shall deposit with Landlord the amount of the security deposit as set forth in the Fundamental Lease Provisions hereof. Said The sum shall be held by Landlord as a security deposit for the faithful performance by Tenant of all of the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of including but not limited to the Security Deposit for provisions relating to the payment of any rent or any other sum in default, or for the Rent and payment of any other amount required to be paid by Tenant under this Lease or which Landlord may spend or become obligated to spend by reason of Tenant's default, default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of the deposit is so usedused or applied, Tenant shall within five (5) ten days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and with Landlord. Tenant's failure to so do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or, at such time after termination of this Lease when Landlord shall have determined that all Landlord's option, to the last assignee of Tenant's obligations under this interests hereunder) at the expiration of the Lease have been fulfilledterm and after Tenant has vacated the Premises.

Appears in 1 contract

Samples: Assignment and Extension of Lease (Caldera Systems Inc)

Security Deposit. Tenant Landlord shall deposit hold the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or amount recited above as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extentsecurity deposit, if any, as shall be required by law, security for the performance of all of the obligations of Tenant under this Lease. Landlord shall not be required obligated to keep apply the Security Deposit separate from its general funds, security deposit upon any rent or other damages and Tenant Landlord's right to terminate this Lease and to possession of the Premises in the event of default shall not be entitled affected by the fact that Landlord holds such security. landlord may at any time apply the security upon damages theretofore suffered and may retain the security to interest on apply upon such depositdamages as may accrue thereafter. If Tenant shall fully and faithfully perform every provision the security deposit is not applied to the payment of this Lease to be performed by itrent of damages, the Security Deposit or any balance thereof same shall be returned to Tenant at such time after termination upon expiration of the Lease and when Tenant shall have vacated the Premises and delivered possession to landlord in the condition required hereby. Landlord shall not be obligated to keep the security deposit as a separate fund, but may mingle the same with Landlord's funds, and no interest shall accrue thereon. Tenant agrees not to look to the holder of a first mortgage of the building of which the Premises are a part, as mortgagee, mortgagee in possession, or successor in title to the property, for accountability for any security deposit required by the Landlord hereinunder unless said sums have actually been received by said mortgagee as security for the Tenant's performance of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledLease.

Appears in 1 contract

Samples: Lease Agreement (Homelife Inc)

Security Deposit. Tenant shall deposit the Security Deposit Concurrently with Landlord upon the Tenant's execution of this Leasethe lease. Tenant will deposit with Landlord, a sum equivalent to the first months' rent. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants covenants, and conditions of this Lease lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultduring the term hereof. If Tenant defaults with respect to any provision of this Leaselease, including, but not limited to the provisions relating to the payment of rent, Landlord may use (but shall not be required to) use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so usedused or applied Tenant shall, Tenant shall within withing five (5) days after written demand therefortherefore, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach of default under this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or at such time after termination of this Lease when Landlord shall have determined that all Landlord's option, to the last assignee of Tenant's obligations under interest hereunder) within ten (10) days following the return of the premises key at the expiration of the Lease Term. In the event of termination or assignment of Landlord's interest in this Lease have been fulfilledLease, if Landlord shall transfer said deposit to Landlord's successor in interest, Landlord shall be relieved of all obligation to return said deposit to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Value America Inc /Va)

Security Deposit. Tenant shall deposit the Security Deposit has deposited with Landlord upon the execution of this Lease. Said sum shall be held by Landlord set forth in the Schedule as "Security Deposit" as security for the faithful performance and observance by Tenant of all the terms, covenants and conditions provisions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure at all times during the Term of Landlordthis Lease said sum shall equal no less than one month's damage in case of Tenant's defaultBase Rent. If Tenant defaults with shall default in respect to of any provision of this Leasesuch provision, Landlord may use use, apply or retain the whole or any part of the Security Deposit security deposit to the extent required for the payment of any rent and/or other charge or any other sum as to which Tenant is in default, default or for the payment of any amount sum which Landlord may spend have expended or become obligated may be required to spend expend by reason of Tenant's default, including, but not limited to, any damages or to compensate Landlord for deficiency in the reletting of the Leased Premises. In the case of any other loss or damage which Landlord may suffer such application by reason of Tenant's default. If any portion is so usedLandlord, Tenant shall deposit with Landlord from time to time within five (5) days after Landlord's written demand therefor, deposit with Landlord an amount therefor sufficient additional funds to restore such security deposit to the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositset forth above. If Tenant shall fully and faithfully perform every provision comply with all of the conditions of this Lease to be performed by itLease, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination the date fixed as the end of this Lease when the Term and after delivery to Landlord of entire possession of the Leased Premises. In no event shall have determined that all of the security be applied by Tenant to reduce any rent or other charge payable by Tenant's obligations under this Lease have been fulfilled.

Appears in 1 contract

Samples: Lease Agreement (Stratagene Corp)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful faithfull performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's Tenants default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) business days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so -so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the The Security Deposit or any balance thereof that has not been applied in accordance with this Section 5 shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledin accordance with applicable laws.

Appears in 1 contract

Samples: Lease Agreement (HMT Technology Corp)

Security Deposit. Tenant shall deposit the Security Deposit Simultaneously with Landlord upon the execution of this Leaselease, Tenant shall deposit with landlord the sum of Forty Thousand Dollars ($40,000) as a security deposit. Said sum Such security deposit (which shall not bear interest to Tenant) shall be held by Landlord considered as security for the faithful payment and performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultobligations, covenants, conditions and agreements under the Lease. If Upon the expiration of the term hereof (or any renewal or extension thereof), Landlord shall (provided that Tenant defaults is not in default under the terms hereof) return and pay back such security deposit to Tenant, less such portion thereof as Landlord shall have appropriated to make good any default by Tenant with respect to any provision of Tenant's aforesaid obligations, covenants, conditions and agreements. In the event of any default by Tenant hereunder during the term of this Lease, Landlord may use shall have the right, but shall not be obligated, to apply all or any part portion of the Security Deposit for the payment of any rent or any other sum in security deposit to cure such default, or for the payment of any amount in which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, event Tenant shall within five (5) days after written demand therefor, be obligated promptly to deposit with Landlord an the amount sufficient necessary to restore the Security Deposit security deposit to its original amount and Tenantamount. In the event of the sale or transfer of Landlord's failure to do so shall be interest in the property of which the Premises is a material breach of this Lease. Except to such extent, if any, as shall be required by lawpart, Landlord shall not have the right to transfer the security deposit to such purchaser or transferee, in which event the security deposit and landlord shall thereupon be required to keep the Security Deposit separate released from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned all liability to Tenant at for the return of such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledsecurity deposit.

Appears in 1 contract

Samples: Lease Agreement (Pinnacle Financial Partners Inc)

Security Deposit. Tenant shall deposit On the Security Deposit with Landlord upon the date of execution of this Lease. Said sum Lease by Tenant, there shall be due and payable by Tenant a security deposit in the amount of $7,803.23, such deposit to be held by Landlord as security for the faithful performance by Tenant of all the terms, Tenant’s covenants and conditions of obligations under this Lease to Lease, it being expressly understood that the deposit shall not be kept and performed by Tenant and not as considered an advance payment of rental deposit or as a measure of Landlord's damage ’s damages in case of default by Tenant's default. If Upon the occurrence of any event of default by Tenant defaults with respect to any provision or breach by Tenant of Tenant’s covenants or obligations under this Lease, Landlord may may, from time to time, without prejudice to any other remedy, use the security deposit to the extent necessary to make good any part arrears of rental or other payments hereunder and/or any damage, injury, expense or liability caused to Landlord by such event of default or breach of covenant. Following any such application of the Security Deposit for security deposit, Tenant shall pay to Landlord on demand the payment amount so applied in order to restore the security deposit to the amount thereof existing prior to such application. Any remaining balance of any rent or any other sum in defaultthe security deposit shall be returned by Landlord to Tenant within thirty (30) days after the termination of this Lease; provided, or for however, Landlord shall have the payment of any amount which Landlord may spend or become obligated right to spend by reason of Tenant's default, or retain and expend such remaining balance (a) to compensate reimburse Landlord for any and all rentals or other loss or damage which Landlord may suffer sums due hereunder that have not been paid in full by reason of Tenant's default. If any portion is so used, Tenant and/or (b) for cleaning and repairing the Premises if Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient fail to restore deliver same at the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach termination of this LeaseLease in a neat and clean condition and in as good a condition as existed at the date of possession of same by Tenant, ordinary wear and tear only excepted. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to any interest on such the security deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilled.

Appears in 1 contract

Samples: Lease Agreement (Bois D Arc Energy LLC)

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