Payment; Security Deposit. Any obligation: (a) to pay Tenant any sum(s) that any Former Landlord owed to Tenant or (b) with respect to any security deposited with Former Landlord, unless such security was actually delivered to Lender or to Successor Landlord.
Payment; Security Deposit. Any obligation: (a) to pay Tenant any sum(s) that any Former Landlord owed to Tenant or (b) with respect to any security deposited with Former Landlord, unless such security was actually delivered to Mortgagee. This paragraph is not intended to apply to Landlord’s obligation to make any payment that constitutes a “Construction-Related Obligation.”
Payment; Security Deposit. Payment Security Deposit
11.1 As provisioned in the Article-2.1.1 of this Agreement, the Distribution Franchisee shall submit and maintain valid for the term of this Agreement, a security deposit to the satisfaction of DISCOM in the form of an irrevocable and unconditional Letter of Credit from any nationalized bank or Scheduled Bank for an amount equivalent to two months’ estimated amount payable to DISCOM by Distribution Franchisee based on two months average energy input at Input Points in the Franchise Area during Financial Year [Base Year] and Rates quoted by the Distribution Franchisee for first year of Franchisee term alongwith two months average collection of all other applicable charges in addition to Input charges as per Article 7 during the base year. Further, the Letter of Credit shall be provided by the bank which is appointed as Escrow Agent under the Default Escrow Agreement. The Security Deposit shall be governed in the manner described in this article.
11.2 The Letter of Credit shall be in the format prescribed by DISCOM initially valid for a period of one year from the Effective Date.
11.3 The Distribution Franchisee shall renew the Letter of Credit 01 (One) month before its expiry date and furnish the same to DISCOM, failing which DISCOM shall have the right to invoke the Letter of Credit.
11.4 Within one month of beginning of each financial year, the amount of the Letter of Credit shall be enhanced if required based on average monthly invoice in previous year considering input energy as per Annexure-3. The DF shall also procure the additional Letter of Credit within 15 days towards the requirement for increase in the tariff and the applicable Fuel Surcharge Adjustment (FSA) approved by OERC. However, under no circumstances shall the amount of Letter of credit be revised downwards.
11.5 DISCOM may recover the outstanding payment after payment due date by invoking the Letter of Credit.
11.6 Distribution Franchisee shall, within two weeks of invocation of the Letter of Credit by DISCOM, restore the same to the level prior to invocation.
11.7 DISCOM may review the amount of the Letter of Credit after one year of the contract depending on the payment record of the Distribution Franchisee.
Payment; Security Deposit. Any obligation: (i) to pay Tenant any sum(s) that any Former Landlord owed to Tenant unless such sums, if any, shall have been delivered to Mortgagee by way of an assumption of escrow accounts or otherwise; (ii) with respect to any security deposited with Former Landlord, unless such security was actually delivered to Mortgagee; (iii) to commence or complete any initial construction of improvements in the Leased Premises or any expansion or rehabilitation of existing improvements thereon; (iv) to reconstruct or repair improvements following a fire, casualty or condemnation; or (v) to perform day-to-day maintenance and repairs.
Payment; Security Deposit. Any obligation: (i) to pay Tenant any sum(s) that any Former Landlord owed to Tenant unless such sums, if any, shall have been delivered to Mortgagee by way of an assumption of escrow accounts or otherwise; (ii) with respect to any security deposited with Former Landlord, unless such security was actually delivered to Mortgagee; (iii) to commence or complete any initial construction of improvements in the Leased Premises or any expansion or rehabilitation of existing improvements thereon, subject to Tenant’s Offset Rights in Section 4(a) above, provided that Successor Landlord shall have no obligation to perform such construction; (iv) to reconstruct or repair improvements following a fire, casualty or condemnation, provided that Tenant shall be entitled to its remedies under Article 13 and Article 14 of the Lease for Successor Landlord’s failure to do so, except that Successor Landlord shall not be required to make any payment to Tenant for any unused credit against Rental, which may be owed due to the Expiration Date occurring prior to the date that such credit is exhausted; or (v) to perform day-to-day maintenance and repairs; provided, however, that so long as no Event of Default is continuing, Successor Landlord will perform the day to day maintenance and repair obligations of the Landlord under, and in accordance with, the terms of the Lease to the extent such obligations arise from and after the date that Successor Landlord becomes owner of the Property and Tenant attorns to such Successor Landlord as described above.
Payment; Security Deposit. Any obligation: (a) to pay Lessee any sum(s) that any Former Lessor owed to Lessee or (b) with respect to any security deposited with Former Lessor, unless such security was actually delivered to Mortgagee.
Payment; Security Deposit. Payment is via credit card and is due when
Payment; Security Deposit. Any obligation (i) to pay Tenant any sum(s) that Landlord owed to or on behalf of Tenant, or (ii) with respect to any security deposited with Landlord, unless such security was actually delivered to Mortgagee;
Payment; Security Deposit. Any obligation: (a) to pay Tenant any sum(s) that any Former Landlord owed to Tenant or Exhibit D
Payment; Security Deposit. The periodic payments shall be in the amount designated in the schedule of payments and shall commence on the indicated payment due date immediately following the Equipment Acceptance Date. Customer shall pay Secured Party payments on or before the due date, at the office of Secured Party or to such other person or place as Secured Party may designate in writing. Customer agrees to pay a pro rata payment (based on the monthly payments) for the period from the Acceptance Date, to the due date of the first payment. Said pro rata payment shall be in addition to the first payment and shall be made simultaneously with the first payment. Any security deposit shall remain as security for performance of all the terms and conditions of this Agreement. In the event any default shall be made in the performance of any of Customer's obligations under this Agreement, Secured Party shall have the right, but shall not be obligated, to apply the security deposit to the curing of such default. On the expiration or earlier termination or cancellation of this Agreement, or any extension or renewal hereof, provided Customer has paid all of the payments called for and fully performed all other provisions of this Agreement, Secured Party will return to Customer any then remaining balance of said security deposit, without interest. Said security deposit may be commingled with Secured Party's other funds.
