Common use of SECURITY AND DAMAGE DEPOSIT Clause in Contracts

SECURITY AND DAMAGE DEPOSIT. Tenant, contemporaneously with the execution of this Lease Agreement, has deposited with Landlord the sum of Five Thousand Seven Hundred Seventeen and /36100 Dollars ($5,717.36), receipt of which is acknowledged hereby by Landlord, which deposit is to be held by Landlord, without liability for interest, as a security and damage deposit for the faithful performance by Tenant during the Term hereof or any extension hereof. Prior to the time when Tenant shall be entitled to the return of this security deposit, Landlord may commingle such deposit with Landlord’s own funds and use such security deposit for such purpose as Landlord may determine. In the event of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease Agreement to be kept and performed by Tenant during the Term hereof or any extension hereof, then Landlord, either with or without terminating this Lease Agreement may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord for all losses or damages sustained or to be sustained by Landlord due to such breach on the part of Tenant, including, but not limited to overdue and unpaid rent, any other sum payable by Tenant to Landlord pursuant to the provisions of this Lease Agreement, damages or deficiencies in the reletting of Premises, and reasonable attorney’s fees incurred by Landlord. Should the entire deposit or any portion thereof, be appropriated and applied by Landlord, in accordance with the provisions of this paragraph, Tenant upon written demand by Landlord, shall remit forthwith to Landlord a sufficient amount of cash to restore said security deposit to the original sum deposited, and Tenant’s failure to do so within five (5) business days after receipt of such demand shall constitute a breach of this Lease Agreement. Said security deposit shall be returned to Tenant, less any depletion thereof as the result of the provisions of this paragraph, at the end of the Term of this Lease Agreement or any renewal thereof, or upon the earlier termination of this Lease Agreement. Tenant shall have no right to anticipate return of said deposit by withholding any amount required to be paid pursuant to the provisions of this Lease Agreement or otherwise. Tenant understands that its potential liability under this Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under law. In the event Landlord shall sell the Property, or shall otherwise convey or dispose of its interest in this Lease Agreement, Landlord may assign the security deposit or any balance thereof to Landlord’s assignee, whereupon Landlord shall be released from all liability for the return or repayment of such security deposit and Tenant shall look solely to the said assignee for the return and repayment of said security deposit. Said security deposit shall not be assigned or encumbered by Tenant without such consent of Landlord, and any assignment or encumbrance without such consent shall not bind Landlord. In the event of any rightful and permitted assignment of this Lease Agreement by Tenant, said security deposit shall be deemed to be held by Landlord as a deposit made by the assignee, and Landlord shall have no further liability with respect to the return of said security deposit to Tenant.

Appears in 2 contracts

Samples: Commercial Lease (Celcuity LLC), Commercial Lease (Celcuity LLC)

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SECURITY AND DAMAGE DEPOSIT. Tenant, 10. Tenant contemporaneously with the execution of this Lease AgreementLease, has deposited with Landlord the sum of Five One Thousand Seven Three Hundred Seventeen Fifty and /36100 no/100 Dollars ($5,717.361,350.00), receipt of which is acknowledged hereby by Landlord, which deposit is to be held by Landlord, without liability for interest, as a security and damage deposit for the faithful payment and performance by Tenant of all of its obligations hereunder, during the Term term hereof or and any extension hereof. Prior to the time when Tenant shall be entitled to the return of this security deposit, Landlord may commingle co-mingle such deposit with Landlord’s own funds and to use such security deposit for such purpose as Landlord may determine. In the event of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease Agreement to be kept and performed by Tenant during the Term term hereof or and any extension hereof, then and without limiting any other remedy available to Landlord, then Landlord either with or without terminating this Lease Agreement Lease, may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord for all losses or damages sustained or to be sustained by Landlord due to such breach on the part of Tenant, including, but not limited to overdue and unpaid rent, any other sum payable by Tenant to Landlord pursuant to the provisions of this Lease AgreementLease, damages or deficiencies in the any reletting of the Demised Premises, and reasonable attorney’s fees incurred by Landlord. Should the entire deposit or any portion thereof, be appropriated and applied by Landlord, in accordance with the provisions of this paragraph, Tenant upon written demand by Landlord, shall remit forthwith to Landlord a sufficient amount of cash to restore said security deposit to the original sum deposited, and Tenant’s failure to do so within five (5) business days after receipt of such demand shall constitute a breach of this Lease AgreementLease. Said security deposit shall be returned to Tenant, less any depletion thereof as the result of amounts retained by Landlord pursuant to the provisions of this paragraph, at the end of the Term term of this Lease Agreement or any renewal thereof, or upon the earlier termination of this Lease AgreementLease. Tenant shall have no right to anticipate return of said deposit by withholding any amount required to be paid pursuant to the provisions of this Lease Agreement or otherwise. Tenant understands that its potential liability under this Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under law. In the event Landlord shall sell the Property, or shall otherwise convey or dispose of its interest in this Lease AgreementLease, Landlord may assign the said security deposit or any balance thereof to Landlord’s assignee, whereupon Landlord shall be released from all liability for the return or repayment of such security deposit and Tenant shall look solely to the said assignee for the return and repayment of said security deposit. Said security deposit shall not be assigned or encumbered by Tenant without such the written consent of Landlord, and any assignment or encumbrance without such consent shall not bind Landlord. In the event of any rightful and permitted assignment of this Lease Agreement by Tenant, said security deposit shall be deemed to be held by Landlord as a deposit made by the assignee, and Landlord shall have no further liability with respect to the return of said security deposit to the Tenant.

Appears in 2 contracts

Samples: Lease (Wireless Ronin Technologies Inc), Lease (Wireless Ronin Technologies Inc)

SECURITY AND DAMAGE DEPOSIT. Tenant, contemporaneously with on or before the execution date of this Lease Agreementpossession of the Leased Premises, has deposited shall deposit with Landlord the sum of Five Thousand Seven Hundred Seventeen $7,000 to serve as a security and /36100 Dollars ($5,717.36), receipt of which is acknowledged hereby by Landlord, which damage deposit. Said damage deposit is to be held by Landlord, without liability for interest, as a security and damage deposit for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant during the Term term hereof or any extension hereof. Prior to the time when Tenant shall be entitled to the return of this security deposit, Landlord may commingle shall be entitled to intermingle such deposit with Landlord’s own funds and to use such security deposit for such purpose purposes as Landlord may determine. In the event of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease Agreement to be kept and performed by Tenant during the Term term hereof or any extension hereof, then Landlord, either with or without terminating this Lease Agreement Lease, may (but shall not be required to) appropriate and apply all of such portion of said deposit as may be necessary to compensate or repay Landlord for all losses or damages sustained or to be sustained by Landlord due to such breach on the part of Tenant, including, but not limited to overdue and unpaid rent, any other sum payable by Tenant to Landlord pursuant to the provisions of this Lease AgreementLease, damages or deficiencies in the reletting of Premisesleased premises, and reasonable attorney’s fees incurred by Landlord. Should the entire deposit deposit, or any portion thereof, be appropriated and applied by Landlord, in accordance with the provisions of this paragraph, Tenant shall, upon written demand by Landlord, shall remit forthwith to Landlord a sufficient amount of cash to restore said security deposit to the original sum so deposited, and Tenant’s failure to do so within five (5) business days after receipt of such demand shall constitute a breach of this Lease AgreementLease. Said security deposit shall be returned to Tenant, less any depletion thereof as the result of the provisions of this paragraph, at the end of the Term term of this Lease Agreement or any renewal thereof, or upon the earlier termination of this Lease AgreementLease. Tenant shall have no right to anticipate return of said deposit by withholding any amount required to be paid pursuant to the provisions of this Lease Agreement or otherwise. Tenant understands that its potential liability under this Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under law. In the event Landlord shall sell the PropertyLeased Premises, or shall otherwise convey or dispose of its interest in this Lease AgreementLease, Landlord may shall assign the said security deposit or any balance thereof to Landlord’s assignee, whereupon Landlord shall be released from all liability for the return or repayment of such security deposit and Tenant shall look solely to the said assignee new Landlord for the return and repayment of said security deposit. Said security deposit shall not be assigned or encumbered by Tenant without such the written consent of Landlord, and any assignment or encumbrance without such consent shall not bind Landlord. In the event of any rightful and permitted assignment of this Lease Agreement by Tenant, said security deposit shall be deemed to be held by Landlord as a deposit made by the assignee, and Landlord shall have no further liability with respect to the return of said security deposit to Tenantthe assignor.

Appears in 2 contracts

Samples: Lease Extension Agreement (Nexxus Lighting, Inc.), Lease Agreement (Nexxus Lighting, Inc.)

SECURITY AND DAMAGE DEPOSIT. Tenant4.01 Lessee, contemporaneously in connection with its lease of the execution of this Lease AgreementExisting Premises, has deposited with Landlord Lessor the sum of Five Thousand Seven Hundred Seventeen thirteen thousand, eighty and /36100 Dollars 00/100 dollars ($5,717.3613,080.00), receipt of which is acknowledged hereby by LandlordLessor, which deposit is to be held by LandlordLessor, without liability for interest, as a security and damage deposit for the faithful performance by Tenant Lessee during the Term term hereof or any extension hereof. Prior to the time when Tenant Lessee shall be entitled to the return of this security deposit, Landlord Lessor may commingle co-mingle such deposit with Landlord’s Lessor's own funds and use such security deposit for such purpose as Landlord Lessor may determine. In the event of the failure of Tenant Lessee to keep and perform any of the terms, covenants and conditions of this Lease Agreement to be kept and performed by Tenant during the Term term hereof or any extension hereof, then Landlordthe Lessor, either with or without terminating this Lease Agreement Lease, may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord Lessor for all losses or damages sustained or to be sustained by Landlord Lessor due to such breach on the part of TenantLessee, including, but not limited to overdue and unpaid rent, any other sum payable by Tenant Lessee to Landlord Lessor pursuant to the provisions of this Lease AgreementLease, damages or deficiencies in the reletting of Demised Premises, and reasonable attorney’s 's fees incurred by LandlordLessor. Should the entire deposit or any portion thereof, be appropriated and applied by Landlord, Lessor in accordance with the provisions of this paragraph, Tenant Lessee upon written demand by LandlordLessor, shall remit forthwith to Landlord Lessor a sufficient amount of cash to restore said security deposit to the original sum deposited, and Tenant’s Lessee's failure to do so within five (5) business days after receipt of such demand shall constitute a breach of this Lease AgreementLease. Said security deposit shall be returned to TenantLessee, less any depletion thereof as the result of the provisions of this paragraph, at the end of the Term term of this Lease Agreement or any renewal thereof, or upon the earlier termination of this Lease AgreementLease. Tenant Lessee shall have no right to anticipate return of said deposit by withholding any amount required to be paid pursuant to the provisions of this Lease Agreement or otherwise. Tenant understands that its potential liability under this Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under law. In the event Landlord shall sell the Property, or shall otherwise convey or dispose of its interest in this Lease Agreement, Landlord may assign the security deposit or any balance thereof to Landlord’s assignee, whereupon Landlord shall be released from all liability for the return or repayment of such security deposit and Tenant shall look solely to the said assignee for the return and repayment of said security deposit. Said security deposit shall not be assigned or encumbered by Tenant without such consent of Landlord, and any assignment or encumbrance without such consent shall not bind Landlord. In the event of any rightful and permitted assignment of this Lease Agreement by Tenant, said security deposit shall be deemed to be held by Landlord as a deposit made by the assignee, and Landlord shall have no further liability with respect to the return of said security deposit to Tenant.

Appears in 1 contract

Samples: Lease (Techforce Corp)

SECURITY AND DAMAGE DEPOSIT. Tenant, contemporaneously with the execution of this Lease AgreementLease, has deposited with Landlord the sum of Five Nineteen Thousand Seven Hundred Seventeen and /36100 NO/100 Dollars ($5,717.3619,000.00), receipt of which is acknowledged hereby by Landlord, which deposit is to be held by Landlord, without liability for interest, as a security and damage deposit for the faithful performance by Tenant during the Term hereof or any extension hereof. Prior to the time when Tenant shall be entitled to the return of this security deposit, Landlord may commingle such deposit with Landlord’s own funds and use such security deposit for such purpose as Landlord may determine. In the event If there is an Event of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease Agreement to be kept and performed by Tenant during the Term hereof or any extension hereofDefault (as defined below in Article 17), then Landlord, either with or without terminating this Lease Agreement may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord for all losses or damages sustained or to be sustained by Landlord due to such breach on the part of Tenant, including, but not limited to overdue and unpaid rent, any other sum payable by Tenant to Landlord pursuant to the provisions of this Lease AgreementLease, damages or deficiencies in the reletting of Premises, and reasonable attorney’s fees incurred by Landlord. Should the entire deposit or any portion thereof, be appropriated and applied by Landlord, in accordance with the provisions of this paragraph, Tenant upon written demand by Landlord, shall remit forthwith to Landlord a sufficient amount of cash to restore said security deposit to the original sum deposited, and Tenant’s failure to do so within five (5) business days after receipt of such demand shall constitute a breach of this Lease AgreementLease. Said security deposit shall be returned to Tenant, less any depletion thereof as the result of the provisions of this paragraph, at the end of the Term of this Lease Agreement or any renewal thereof, or upon the earlier termination of this Lease AgreementLease. Tenant shall have no right to anticipate return of said deposit by withholding any amount required to be paid pursuant to the provisions of this Lease Agreement or otherwise. Tenant understands that its potential liability under this Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under law. In the event Landlord shall sell the Property, or shall otherwise convey or dispose of its interest in this Lease AgreementLease, Landlord may assign the security deposit or any balance thereof to Landlord’s assignee, whereupon Landlord shall be released from all liability for the return or repayment of such security deposit and Tenant shall look solely to the said assignee for the return and repayment of said security deposit. Said security deposit shall not be assigned or encumbered by Tenant without such consent of Landlord, and any assignment or encumbrance without such consent shall not bind Landlord. In the event of any rightful and permitted assignment of this Lease Agreement by Tenant, said security deposit shall be deemed to be held by Landlord as a deposit made by the assignee, and Landlord shall have no further liability with respect to the return of said security deposit to Tenant.

Appears in 1 contract

Samples: Commercial Lease (Entellus Medical Inc)

SECURITY AND DAMAGE DEPOSIT. Tenant, Lessee contemporaneously with the execution of this Lease AgreementLease, has deposited with Landlord Lessor the sum of Five Thousand Seven Hundred Seventeen and /36100 Zero Dollars ($5,717.36---0---), receipt of which is hereby acknowledged hereby by LandlordLessor, which deposit is to be held by LandlordLessor, without liability for interest, interest as a security and damage deposit for the faithful performance by Tenant Lessee during the Term term hereof or any extension hereof. Prior to the time of when Tenant Lessee shall be entitled to the return of this security deposit, Landlord Lessor may commingle such deposit with Landlord’s Lessor's own funds and to use such security deposit for such purpose purposes as Landlord Lessor may determine. In the event of the failure of Tenant Lessee to keep and perform any of the terms, covenants and conditions of this Lease Agreement to be kept and performed by Tenant Lessee during the Term term hereof or any extension hereof, then LandlordLessor, either with or without terminating this Lease Agreement may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord Lessor for all losses or damages sustained or to be sustained by Landlord Lessor due to such breach on the part of TenantLessee, including, but not limited to to, overdue and unpaid rent, any other sum amounts payable by Tenant Lessee to Landlord Lessor pursuant to the provisions of this Lease AgreementLease, damages or deficiencies in the reletting of Demised Premises, and reasonable attorney’s 's fees incurred by LandlordLessor. Should the entire deposit or any portion thereof, be 140 appropriated and applied by LandlordLessor, in accordance with the provisions of this paragraph, Tenant Lessee upon written demand by Landlord, Lessor shall remit forthwith to Landlord Lessor a sufficient amount of cash to restore said security deposit to the original sum deposited, and Tenant’s Lessee's failure to do so within five (5) business days after receipt of such demand shall constitute a breach of this Lease AgreementLease. Said security deposit shall be returned to TenantLessee, less any depletion deposit thereof as the result of the provisions of this paragraph, at the end of the Term term of this Lease Agreement Lease, or any renewal thereof, thereof or upon the earlier termination of this Lease AgreementLease. Tenant Lessee shall have no right to anticipate return of said deposit by withholding any amount required to be paid pursuant to the provisions provision of this Lease Agreement or otherwise. Tenant understands that its potential liability under this Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under law. In the event Landlord Lessor shall sell the PropertyPremises, or shall otherwise convey or dispose of its interest in this Lease AgreementLease, Landlord Lessor may assign the said security deposit or any balance thereof to Landlord’s Lessor's assignee, whereupon Landlord Lessor shall be released from all liability for the return or repayment of such security deposit and Tenant Lessee shall look solely to the said assignee for the return and repayment reimbursement of said security deposit. Said security deposit shall not be assigned or encumbered by Tenant Lessee without such the written consent of LandlordLessor, and any assignment or encumbrance without such consent shall not bind LandlordLessor. In the event of any rightful and permitted assignment of this Lease Agreement by Tenant, Lessor said security deposit shall be deemed to be held by Landlord Lessor as a deposit made by the assignee, and Landlord Lessor shall have no further liability with respect to the return of said security deposit to Tenantthe Lessee.

Appears in 1 contract

Samples: Childrens Broadcasting Corp

SECURITY AND DAMAGE DEPOSIT. Tenant, contemporaneously with The Tenant has agreed to give the execution of this Lease Agreement, has deposited with Landlord the sum of Five Thousand Seven Hundred Seventeen and /36100 Dollars ($5,717.36).00 pursuant to Addendum A – Payment Schedule, receipt of which for a deposit to assure that the Tenant fully performs all that is acknowledged hereby by Landlord, which deposit is to be held by Landlord, without liability for interest, as a security and damage deposit for the faithful performance by Tenant during the Term hereof or any extension hereof. Prior to the time when Tenant shall be entitled to the return of this security deposit, Landlord may commingle such deposit with Landlord’s own funds and use such security deposit for such purpose as Landlord may determine. In the event required of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease Agreement to be kept and performed by Tenant during the Term hereof or any extension hereof, then Landlord, either with or without terminating this Lease Agreement may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord for all losses or damages sustained or to be sustained by Landlord due to such breach on the part of Tenant, including, but not limited to overdue and unpaid rent, any other sum payable by Tenant to Landlord pursuant to under the provisions of this Lease Agreement, damages or deficiencies in agreement. If the reletting of Premises, and reasonable attorney’s fees incurred by Landlord. Should Tenant does not pay the entire deposit rent or any portion thereof, be appropriated and applied by Landlord, in accordance with installment of the provisions rent or if the Tenant violates any other part of this paragraphagreement, Tenant upon written demand by Landlord, shall remit forthwith to the Landlord a sufficient amount may use or apply part or all of cash to restore said security this deposit to the original sum deposited, and unpaid rent or any part thereof or to any other costs or payments outstanding due to Tenant’s failure to do so within five (5) business days after receipt violation. Upon notice of such demand use by the Landlord, the Tenant shall constitute a breach of within two days repay to the Landlord such sums used by the Landlord from this Lease Agreementdeposit. Said security deposit shall be returned to Tenant, less any depletion thereof as the result of the provisions of this paragraph, at At the end of the Term term, the Landlord shall pay to the Tenant the deposit (less any sums properly retained according to this agreement) after the Tenant has returned all keys and has vacated the premises and also after the Landlord has had a reasonable opportunity (at least five business days after Tenant has vacated the premises) to inspect the premises for damage and process the deposit for return. If the Tenant shall fail to comply with all of the requirements for vacating and surrendering the premises in original condition, less normal wear and tear, Tenant agrees that Landlord may deduct from this deposit an amount for labor, materials, and supplies. See 19. SURRENDER/TURNOVER COSTS & PRACTICES of this Lease Agreement or any renewal thereof, or upon the earlier termination of this Lease Agreementlease document for further elaboration. Tenant shall have no right specifically agrees not to anticipate return of said apply this deposit by withholding any amount required to be paid pursuant to the provisions of this Lease Agreement or otherwise. Tenant understands that its potential liability under this Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under law. In the event Landlord shall sell the Property, or shall otherwise convey or dispose of its interest in this Lease Agreement, Landlord may assign the security deposit or any balance thereof to Landlord’s assignee, whereupon Landlord shall be released from all liability for the return or repayment of such security deposit and Tenant shall look solely to the said assignee for the return and repayment of said security deposit. Said security deposit shall not be assigned or encumbered by Tenant without such consent of Landlord, and any assignment or encumbrance without such consent shall not bind Landlord. In the event payment of any rightful and permitted assignment of this Lease Agreement by Tenant, said security deposit shall be deemed to be held by Landlord as a deposit made by the assignee, and Landlord shall have no further liability with respect to the return of said security deposit to Tenantrent installment.

Appears in 1 contract

Samples: sdmrents.com

SECURITY AND DAMAGE DEPOSIT. Tenant, contemporaneously with the execution of this Lease AgreementLease, has deposited with Landlord the sum of Five Twenty-Two Thousand Seven Hundred Seventeen Eight and /36100 96/100 Dollars ($5,717.3622,008.96), receipt of which is acknowledged hereby by Landlord, which deposit is to be held by Landlord, without liability for interest, as a security and damage deposit for the faithful performance by Tenant during the Term hereof hereof, or any renewal or extension hereofthereof (the “Security Deposit”). Prior to the time when Tenant shall be entitled to the return of this security depositthe Security Deposit, Landlord may commingle such deposit the Security Deposit with Landlord’s 's own funds and use such security deposit the Security Deposit for such purpose as Landlord may determine. In the event of the failure of Tenant fails to keep and perform any of the terms, covenants and conditions of this Lease Agreement to be kept and performed by Tenant during the Term hereof or any extension hereofTenant, then Landlord, either with or without terminating this Lease Agreement may (but shall not be required to) apply such portion of said deposit the Security Deposit as may be necessary to compensate or repay Landlord for all losses or damages sustained or to be sustained by Landlord due to such breach on the part of Tenant, including, but not limited to overdue and unpaid rentRent, any other sum payable by Tenant to Landlord pursuant to the provisions of this Lease AgreementLease, damages or deficiencies in the reletting of Premises, and reasonable attorney’s 's fees incurred by Landlord. Should the entire deposit Security Deposit or any portion thereof, be appropriated and applied by Landlord, in accordance with the provisions of this paragraph, Tenant upon written demand by Landlord, shall remit forthwith to Landlord a sufficient amount of cash to restore said security deposit the Security Deposit to the original sum deposited, and Tenant’s 's failure to do so within five (5) business days after receipt of such demand shall constitute a breach of this Lease AgreementLease. Said security deposit The Security Deposit shall be returned to Tenant, less any depletion thereof as the result of the provisions of this paragraph, at the end of the Term of this Lease Agreement or any renewal or extension thereof, or upon the earlier termination of this Lease AgreementLease. Tenant shall have no right to anticipate return of said deposit the Security Deposit by withholding any amount required to be paid pursuant to the provisions of this Lease Agreement or otherwise. Tenant understands that its potential liability under this Lease Agreement is not limited to the amount of the security depositSecurity Deposit. Use of such security deposit the Security Deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under law. In the event Landlord shall sell the Property, or shall otherwise convey or dispose of its interest in this Lease AgreementLease, Landlord may assign the security deposit Security Deposit or any balance thereof to Landlord’s 's assignee, whereupon Landlord shall be released from all liability for the return or repayment of such security deposit the Security Deposit and Tenant shall look solely to the said assignee for the return and repayment of said security depositthe Security Deposit. Said security deposit The Security Deposit shall not be assigned or encumbered by Tenant without such consent of Landlord, and any assignment or encumbrance without such consent shall not bind Landlord. In the event of any rightful and permitted assignment of this Lease Agreement by Tenant, said security deposit the Security Deposit shall be deemed to be held by Landlord as a deposit made by the assignee, and Landlord shall have no further liability with respect to the return of said security deposit the Security Deposit to Tenant.

Appears in 1 contract

Samples: Commercial Lease (Celcuity Inc.)

SECURITY AND DAMAGE DEPOSIT. Tenant, Tenant contemporaneously with the execution of this Lease AgreementLease, has deposited with Landlord the sum of Five Thirty Thousand Seven Hundred Seventeen and /36100 No/100 Dollars ($5,717.3630,000.00), receipt of which is acknowledged hereby by Landlord, which deposit is to be held by Landlord, without liability for interest, as a security and damage deposit for the faithful performance by Tenant during the Term term hereof or any extension hereof. Prior to the time when Tenant shall be entitled to the return of this security deposit, Landlord may commingle such deposit with Landlord’s own funds and to use such security deposit for such purpose as Landlord may determine. In the event of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease Agreement to be kept and performed a default by Tenant hereunder, and Tenant’s failure to cure within the applicable time frame, during the Term term hereof or any extension hereof, then Landlord, either with or without terminating this Lease Agreement may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord for all losses or damages reasonably sustained or to be sustained by Landlord due to such breach on the part of Tenant, including, but not limited to overdue and unpaid rent, any other sum payable by Tenant to Landlord pursuant to the provisions of this Lease AgreementLease, damages or deficiencies in the reletting of Premises, and reasonable attorney’s fees incurred by Landlord. Should the entire deposit or any portion thereof, be appropriated and applied by Landlord, in accordance with the provisions of this paragraph, Tenant upon written demand by Landlord, shall remit forthwith to Landlord a sufficient amount of cash to restore said security deposit to the original sum deposited, and Tenant’s failure to do so within five (5) business days after receipt of such demand shall constitute a breach of this Lease AgreementLease. Said security deposit shall be returned to Tenant, less any depletion thereof as the result of the provisions of this paragraph, at the end of the Term term of this Lease Agreement or any renewal thereof, or upon the earlier termination of this Lease AgreementLease. Tenant shall have no right to anticipate return of said deposit by withholding any amount required to be paid pursuant to the provisions provision of this Lease Agreement or otherwise. Tenant understands that its potential liability under this Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under law. In the event Landlord shall sell the Property, or shall otherwise convey or dispose of its interest in this Lease AgreementLease, Landlord may assign the security deposit or any balance thereof to Landlord’s assignee, whereupon Landlord shall be released from all liability for the return or repayment of such security deposit and Tenant shall look solely to the said assignee for the return and repayment of said security deposit. Said security deposit shall not be assigned or encumbered by Tenant without such consent of Landlord, and any assignment or encumbrance without such consent shall not bind Landlord. In the event of any rightful and permitted assignment of this Lease Agreement by Tenant, said security deposit shall be deemed to be held by Landlord as a deposit made by the assignee, and Landlord shall have no further liability with respect to the return of said security deposit to Tenant.

Appears in 1 contract

Samples: Commercial Lease (Ciprico Inc)

SECURITY AND DAMAGE DEPOSIT. 10. Tenant, contemporaneously with the execution of this Lease AgreementLease, has deposited with Landlord the sum of Five Thousand Seven Hundred Seventeen three thousand four hundred eighty-seven and /36100 33/100 Dollars ($5,717.363,487.33), receipt of which is acknowledged hereby by Landlord, which deposit is to be held by Landlord, Landlord without liability for interest, interest as a security and damage deposit for the faithful performance by Tenant of Tenant's obligations during the Lease Term hereof or any extension hereofor renewal thereof. Prior to the time when Tenant shall be entitled to the return of this security deposit, Landlord may commingle such deposit with Landlord’s 's own funds and use such security deposit for such purpose as Landlord may determinefunds. In the event of any default by Tenant in the failure timely performance of Tenant to keep and perform any of the terms, covenants and conditions of this Lease Agreement to be kept and performed by Tenant during the Term hereof or any extension hereofLease, then Landlordwhether or not Landlord has terminated or thereafter terminates this Lease, either with or without terminating this Lease Agreement Landlord at its option may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord for all losses or damages sustained or to be sustained by Landlord due to on account of such breach on the part of by Tenant, including, including but not limited to overdue base and unpaid additional rent, any other sum sums payable by Tenant to Landlord pursuant to under the provisions of this Lease AgreementLease, damages or deficiencies incurred by Landlord in reletting the reletting of Demised Premises, and Landlord's reasonable attorney’s fees incurred by Landlordattorney fees. Should If the entire deposit or any portion thereof, be appropriated and thereof is applied by Landlord, Landlord in accordance with the provisions of this paragraph, then Tenant upon Landlord's written demand by Landlord, request shall remit forthwith to Landlord a sufficient amount of cash to restore said security deposit to the original sum deposited, and Tenant’s 's failure to do so within five fifteen (515) business days after receipt of such demand request shall constitute a breach of this Lease AgreementLease. Said security deposit shall be returned to Tenant, less any depletion portion thereof as the result of applied by Landlord in accordance with the provisions of this paragraph, at the end of the Term term of this Lease Agreement or any renewal or extension thereof, or upon the earlier termination of this Lease AgreementLease. Tenant shall have no right to direct that the deposit be applied to rent owing for the last month of the Lease Term, nor any other right to anticipate the return of said deposit by withholding any other amount required to be paid pursuant to the provisions of this Lease Agreement or otherwise. Tenant understands that its potential liability under this Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under lawhereunder. In the event Landlord shall sell sells the Property, Property or shall otherwise convey conveys or dispose disposes of its interest in this Lease AgreementLease, Landlord may will assign the said security deposit or any balance thereof to Landlord’s 's assignee, whereupon Landlord shall be released from all liability for the return or repayment of such security deposit and Tenant shall look solely to the Landlord's said assignee for the return and repayment of thereof. Tenant may not assign or encumber any rights in said security deposit. Said security deposit shall not be assigned without Landlord's prior written consent, and no assignment or encumbered encumbrance by Tenant without such consent of Landlord, and any assignment or encumbrance without such consent shall not bind Landlord. In the event of any rightful and permitted assignment of this Lease Agreement by Tenant, said security deposit shall be deemed to be held by Landlord as a deposit made by the Tenant's permitted assignee, and Landlord shall have no further liability to Tenant with respect to the return of said security deposit to Tenantdeposit.

Appears in 1 contract

Samples: Possis Medical Inc

SECURITY AND DAMAGE DEPOSIT. Tenant, contemporaneously with the Upon execution of this Lease AgreementLease, has deposited Tenant --------------------------- will deposit with Landlord the sum of Five Twenty One Thousand Seven Six Hundred Seventeen Ninety Four and /36100 00/100 Dollars ($5,717.3621,694.00), receipt of which is acknowledged hereby by Landlord, which deposit is to be held by Landlord, without liability for interest, as a security and damage deposit for the faithful performance by Tenant during the Term term hereof or any extension hereof. Prior to the time when Tenant shall be entitled to the return of this security deposit, Landlord may commingle co-mingle such deposit with Landlord’s 's own funds and to use such security deposit for such purpose purposes as Landlord may determine. In the event of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease Agreement to be kept and performed by Tenant during the Term term hereof or any extension hereof, then Landlord, either with or without terminating this Lease Agreement Lease, may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord for all losses or damages sustained or to be sustained by Landlord due to such breach on the part of Tenant, including, but not limited to overdue and unpaid rent, any other sum payable by Tenant to Landlord pursuant to the provisions of this Lease AgreementLease, damages or deficiencies in the reletting of Leased Premises, and reasonable attorney’s attorneys' fees incurred by Landlord. Should the entire deposit or any portion thereof, be appropriated and applied by Landlord, in accordance with the provisions of this paragraph, Tenant upon written demand by Landlord, shall remit forthwith to Landlord a sufficient amount of cash to restore said security deposit to the original sum deposited, and Tenant’s 's failure to do so within five ten (510) business days after receipt of such demand shall constitute a breach of this Lease Agreement. Said security deposit shall be returned to Tenant, less any depletion thereof as the result of the provisions of this paragraph, at the end of the Term of this Lease Agreement or any renewal thereof, or upon the earlier termination of this Lease Agreement. Tenant shall have no right to anticipate return of said deposit by withholding any amount required to be paid pursuant to the provisions of this Lease Agreement or otherwise. Tenant understands that its potential liability under this Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under law. In the event Landlord shall sell the Property, or shall otherwise convey or dispose of its interest in this Lease Agreement, Landlord may assign the security deposit or any balance thereof to Landlord’s assignee, whereupon Landlord shall be released from all liability for the return or repayment of such security deposit and Tenant shall look solely to the said assignee for the return and repayment of said security deposit. Said security deposit shall not be assigned or encumbered by Tenant without such consent of Landlord, and any assignment or encumbrance without such consent shall not bind Landlord. In the event of any rightful and permitted assignment of this Lease Agreement by Tenant, said security deposit shall be deemed to be held by Landlord as a deposit made by the assignee, and Landlord shall have no further liability with respect to the return of said security deposit to Tenant.this

Appears in 1 contract

Samples: Lease Agreement (Vialog Corp)

SECURITY AND DAMAGE DEPOSIT. Tenant, contemporaneously with the execution of this Lease AgreementLease, has deposited with Landlord the sum of Five Thousand Seven Hundred Seventeen and /36100 Zero Dollars ($5,717.360.00), receipt of which is acknowledged hereby by Landlord, which deposit is to be held by Landlord, without liability for interest, as a security and damage deposit for the faithful performance by Tenant during the Term hereof or any extension hereof. Prior to the time when Tenant shall be entitled to the return of this security deposit, Landlord may commingle such deposit with Landlord’s own funds and use such security deposit for such purpose as Landlord may determine. In the event If there is an Event of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease Agreement to be kept and performed by Tenant during the Term hereof or any extension hereofDefault (as defined below in Article 17), then Landlord, either with or without terminating this Lease Agreement may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord for all losses or damages sustained or to be sustained by Landlord due to such breach on the part of Tenant, including, but not limited to overdue and unpaid rent, any other sum payable by Tenant to Landlord pursuant to the provisions of this Lease AgreementLease, damages or deficiencies in the reletting of Premises, and reasonable attorney’s fees incurred by Landlord. Should the entire deposit or any portion thereof, be appropriated and applied by Landlord, in accordance with the provisions of this paragraph, Tenant upon written demand by Landlord, shall remit forthwith to Landlord a sufficient amount of cash to restore said security deposit to the original sum deposited, and Tenant’s failure to do so within five (5) business days after receipt of such demand shall constitute a breach of this Lease AgreementLease. Said security deposit shall be returned to Tenant, less any depletion thereof as the result of the provisions of this paragraph, at the end of the Term of this Lease Agreement or any renewal thereof, or upon the earlier termination of this Lease AgreementLease. Tenant shall have no right to anticipate return of said deposit by withholding any amount required to be paid pursuant to the provisions of this Lease Agreement or otherwise. Tenant understands that its potential liability under this Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under law. In the event Landlord shall sell the Property, or shall otherwise convey or dispose of its interest in this Lease AgreementLease, Landlord may assign the security deposit or any balance thereof to Landlord’s assignee, whereupon Landlord shall be released from all liability for the return or repayment of such security deposit and Tenant shall look solely to the said assignee for the return and repayment of said security deposit. Said security deposit shall not be assigned or encumbered by Tenant without such consent of Landlord, and any assignment or encumbrance without such consent shall not bind Landlord. In the event of any rightful and permitted assignment of this Lease Agreement by Tenant, said security deposit shall be deemed to be held by Landlord as a deposit made by the assignee, and Landlord shall have no further liability with respect to the return of said security deposit to Tenant.

Appears in 1 contract

Samples: Commercial Lease (Entellus Medical Inc)

SECURITY AND DAMAGE DEPOSIT. Tenant, contemporaneously with The Tenant has agreed to pay to the execution of this Lease Agreement, has deposited with Landlord the sum of Five Thousand Seven Hundred Seventeen and /36100 Dollars $ ($5,717.36), receipt of which is acknowledged hereby by Landlord, which deposit is 2 Months’ rent)(the "security deposit") pursuant to be held by Landlord, without liability for interestAddendum A - Payment Schedule, as a security and damage deposit for to assure that the faithful performance by Tenant during the Term hereof or any extension hereof. Prior to the time when Tenant shall be entitled to the return of this security deposit, Landlord may commingle such deposit with Landlord’s own funds and use such security deposit for such purpose as Landlord may determine. In the event fully performs all that is required of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease Agreement to be kept and performed by Tenant during the Term hereof or any extension hereof, then Landlord, either with or without terminating this Lease Agreement may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord for all losses or damages sustained or to be sustained by Landlord due to such breach on the part of Tenant, including, but not limited to overdue and unpaid rent, any other sum payable by Tenant to Landlord pursuant to under the provisions of this Lease Agreement, damages or deficiencies in Lease. If the reletting of Premises, and reasonable attorney’s fees incurred by Landlord. Should Tenant does not pay the entire deposit rent or any portion thereof, be appropriated and applied by Landlord, in accordance with installment of rent or if the provisions Tenant violates any other part of this paragraphLease, Tenant upon written demand by Landlord, shall remit forthwith to then the Landlord a sufficient amount may use or apply part or all of cash to restore said this security deposit to the original sum depositedunpaid rent or any part thereof or to any other costs or payments outstanding due to Tenant's violation. Upon notice of such use by the Landlord, the Tenant shall within two (2) days repay to the Landlord such sums used by the Landlord from this security deposit. At the end of the term, the Landlord shall pay to the Tenant the deposit (less any sums properly retained according to this lease) after the Tenant has returned all keys or other entry devices and Tenant’s failure to do so within five has vacated the premises and also after the Landlord has had a reasonable opportunity (5at least ten (10)) business days after receipt Tenant has vacated the premises) to inspect the premises for damage and process the deposit for return, which usually takes approximately 30 days after Lease expiration. If the Tenant shall fail to comply with all of such demand shall constitute a breach of the requirements for vacating and surrendering the premises in its original condition, less normal wear and tear, Tenant agrees that Landlord may deduct from this Lease Agreement. Said security deposit shall be returned to Tenantan amount for labor, less any depletion thereof as the result of the provisions of this paragraphmaterials, at the end of the Term of this Lease Agreement or any renewal thereof, or upon the earlier termination of this Lease Agreementsupplies and a 20% administrative fee. Tenant shall have no right to anticipate return of said deposit by withholding any amount required to be paid pursuant to the provisions of this Lease Agreement or otherwise. Tenant understands agrees that its potential liability under this Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under law. In the event Landlord shall sell the Property, or shall otherwise convey or dispose of its interest in this Lease Agreement, Landlord may assign the security deposit or any balance thereof to Landlord’s assignee, whereupon Landlord shall be released from all liability for the return or repayment of such security deposit and Tenant shall look solely to the said assignee for the return and repayment of said security deposit. Said security deposit shall not be assigned or encumbered by Tenant without such consent of Landlord, and any assignment or encumbrance without such consent shall not bind Landlord. In the event of any rightful and permitted assignment of this Lease Agreement by Tenant, said security deposit shall be deemed to be held by Landlord as a deposit made by the assignee, and Landlord shall have no the right to deduct the cost to hire a professional cleaning company to conduct a thorough cleaning if the Tenant has not already hired a professional cleaning company to conduct a cleaning of the demised premises. See Section 19 of this lease captioned "SURRENDER" for further liability with respect elaboration. Tenant specifically agrees not to the return of said apply this security deposit to Tenantthe payment of any rent installment. TRUST ACCOUNT INTEREST: ACCORDING TO THE RULES AND REGULATIONS OF THE SOUTH CAROLINA REAL ESTATE COMMISSION AND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, THE BROKER-IN-CHARGE OR PROPERTY MANAGER-IN-CHARGE HAS THE OPTION TO PLACE THE TENANT’S SECURITY DEPOSIT INTO AN INTEREST BEARING ACCOUNT AND TO RETAIN ALL INTEREST INCURRED IN SAID ACCOUNT. TENANT AGREES TO AND UNDERSTANDS THAT THE TENANT HAS BEEN INFORMED OF TENANT’S RIGHT TO OWNERSHIP OF THE INTEREST BUT RELINQUISHES TO THE BROKER-IN-CHARGE OR PROPERTY MANAGER-IN-CHARGE BY WRITTEN AGREEMENT SAID RIGHT OF OWNERSHIP.

Appears in 1 contract

Samples: LLC Lease Agreement

SECURITY AND DAMAGE DEPOSIT. Tenant, contemporaneously with The Tenant has agreed to pay to the execution of this Lease Agreement, has deposited with Landlord the sum of Five Thousand Seven Hundred Seventeen and /36100 Dollars $ ($5,717.36), receipt of which is acknowledged hereby by Landlord, which deposit is 2 Months’ rent)(the "security deposit") pursuant to be held by Landlord, without liability for interestAddendum A - Payment Schedule, as a security and damage deposit for to assure that the faithful performance by Tenant during the Term hereof or any extension hereof. Prior to the time when Tenant shall be entitled to the return of this security deposit, Landlord may commingle such deposit with Landlord’s own funds and use such security deposit for such purpose as Landlord may determine. In the event fully performs all that is required of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease Agreement to be kept and performed by Tenant during the Term hereof or any extension hereof, then Landlord, either with or without terminating this Lease Agreement may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord for all losses or damages sustained or to be sustained by Landlord due to such breach on the part of Tenant, including, but not limited to overdue and unpaid rent, any other sum payable by Tenant to Landlord pursuant to under the provisions of this Lease Agreement, damages or deficiencies in Lease. If the reletting of Premises, and reasonable attorney’s fees incurred by Landlord. Should Tenant does not pay the entire deposit rent or any portion thereof, be appropriated and applied by Landlord, in accordance with installment of rent or if the provisions Tenant violates any other part of this paragraphLease, Tenant upon written demand by Landlord, shall remit forthwith to then the Landlord a sufficient amount may use or apply part or all of cash to restore said this security deposit to the original sum depositedunpaid rent or any part thereof or to any other costs or payments outstanding due to Tenant's violation. Upon notice of such use by the Landlord, the Tenant shall within two (2) days repay to the Landlord such sums used by the Landlord from this security deposit. At the end of the term, the Landlord shall pay to the Tenant the deposit (less any sums properly retained according to this lease) after the Tenant has returned all keys or other entry devices and Tenant’s failure to do so within five has vacated the premises and also after the Landlord has had a reasonable opportunity (5at least ten (10)) business days after receipt Tenant has vacated the premises) to inspect the premises for damage and process the deposit for return, which usually takes approximately 30 days after Lease expiration. If the Tenant shall fail to comply with all of such demand shall constitute a breach of the requirements for vacating and surrendering the premises in its original condition, less normal wear and tear, Tenant agrees that Landlord may deduct from this Lease Agreement. Said security deposit shall be returned to Tenantan amount for labor, less any depletion thereof as the result of the provisions of this paragraphmaterials, at the end of the Term of this Lease Agreement or any renewal thereof, or upon the earlier termination of this Lease Agreementsupplies and a 20% administrative fee. Tenant shall have no right to anticipate return of said deposit by withholding any amount required to be paid pursuant to the provisions of this Lease Agreement or otherwise. Tenant understands agrees that its potential liability under this Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under law. In the event Landlord shall sell the Property, or shall otherwise convey or dispose of its interest in this Lease Agreement, Landlord may assign the security deposit or any balance thereof to Landlord’s assignee, whereupon Landlord shall be released from all liability for the return or repayment of such security deposit and Tenant shall look solely to the said assignee for the return and repayment of said security deposit. Said security deposit shall not be assigned or encumbered by Tenant without such consent of Landlord, and any assignment or encumbrance without such consent shall not bind Landlord. In the event of any rightful and permitted assignment of this Lease Agreement by Tenant, said security deposit shall be deemed to be held by Landlord as a deposit made by the assignee, and Landlord shall have no the right to deduct the cost to hire a professional cleaning company to conduct a thorough cleaning if the Tenant has not already hired a professional cleaning company to conduct a cleaning of the demised premises. See Section 19 of this lease captioned "SURRENDER" for further liability with respect elaboration. Tenant specifically agrees not to the return of said apply this security deposit to Tenantthe payment of any rent installment. TRUST ACCOUNT INTEREST: ACCORDING TO THE RULES AND REGULATIONS OF THE SOUTH CAROLINA REAL ESTATE COMMISSION AND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, THE BROKER-IN- CHARGE OR PROPERTY MANAGER-IN-CHARGE HAS THE OPTION TO PLACE THE TENANT’S SECURITY DEPOSIT INTO AN INTEREST BEARING ACCOUNT AND TO RETAIN ALL INTEREST INCURRED IN SAID ACCOUNT. TENANT AGREES TO AND UNDERSTANDS THAT THE TENANT HAS BEEN INFORMED OF TENANT’S RIGHT TO OWNERSHIP OF THE INTEREST BUT RELINQUISHES TO THE BROKER-IN-CHARGE OR PROPERTY MANAGER-IN-CHARGE BY WRITTEN AGREEMENT SAID RIGHT OF OWNERSHIP.

Appears in 1 contract

Samples: CKC Properties

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SECURITY AND DAMAGE DEPOSIT. Tenant, contemporaneously with the execution of this Lease Agreement, Tenant has deposited with Landlord the sum of Five Thousand Seven Hundred Seventeen three thousand and /36100 Dollars 00/100 dollars ($5,717.363,000.00), receipt of which is acknowledged hereby by Landlord, which deposit is to be held by Landlord. Landlord shall hold deposit, without liability for interest, as a security and damage deposit for the faithful performance by Tenant during the Term hereof of Lease or any extension hereofextension. Prior to the time when Tenant shall be entitled to the return of this security deposit, Landlord may commingle co-mingle such deposit with Landlord’s own funds and to use such security deposit for such purpose as Landlord may determine. In the event of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease Agreement to be kept and performed by Tenant during the Term hereof of Lease or any extension hereofof this Lease, then Landlord, either with or without terminating this Lease Agreement Lease, may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord for all losses or damages sustained or to be sustained by Landlord due to such breach on the part of Tenant, including, but not limited . Landlord may apply said deposit without limitation to overdue and unpaid rent, any other sum payable by Tenant to Landlord pursuant to the provisions of this Lease AgreementLease, damages or deficiencies in the reletting of Demised Premises, and reasonable attorney’s 's fees incurred by Landlord. Should the entire deposit or any portion thereof, be appropriated and applied by Landlord, in accordance with the provisions of this paragraph, Tenant upon written demand by Landlord, shall remit forthwith to Landlord a sufficient amount of cash to restore said security deposit to the original sum deposited, and . Tenant’s failure to do so remit such security deposit within five ten (510) business days after receipt of such demand shall constitute a breach of this Lease AgreementLease. Said security deposit shall be returned to Tenant, less any depletion thereof as Upon the result of the provisions of this paragraph, at the end of the Term of this Lease Agreement or any renewal thereof, or upon the earlier termination of this Lease Agreementor any extension, Landlord shall return to Tenant the deposit or any remaining balance. Tenant shall have no right to anticipate return of said deposit by withholding any amount required to be paid pursuant to the provisions provision of this Lease Agreement or otherwise. Tenant understands that its potential liability under this Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under lawLease. In the event Landlord shall sell the PropertyBuilding, or shall otherwise convey or dispose of its interest in this Lease AgreementLease, Landlord may assign the said security deposit or any balance thereof to Landlord’s assignee, whereupon Landlord shall be released from all liability for the return or repayment of such security deposit and Tenant shall look solely to the said assignee for the return and repayment of said security deposit. Said security deposit shall not be assigned or encumbered by Tenant without such the written consent of Landlord, and any assignment or encumbrance without such consent shall not bind Landlord. In the event of any rightful and permitted assignment of this Lease Agreement by Tenant, said security deposit shall be deemed to be held by Landlord as a deposit made by the assignee, and Landlord shall have no further liability with respect to the return of said security deposit to Tenant.

Appears in 1 contract

Samples: Commercial Lease (BioDrain Medical, Inc.)

SECURITY AND DAMAGE DEPOSIT. Tenant4.01 Lessee, contemporaneously with the execution of this Lease AgreementLease, has deposited with Landlord Lessor the sum of *Four Thousand Five Thousand Seven Hundred Seventeen and /36100 00/100 Dollars ($5,717.364,500 ), receipt of which is acknowledged hereby by LandlordLessor, which deposit is to be held by LandlordLessor, without liability for interest, as a security and damage deposit for the faithful performance by Tenant Lessee during the Term term hereof or any extension hereof. Prior to the time when Tenant Lessee shall be entitled to the return of this security deposit, Landlord Lessor may commingle co-mingle such deposit with Landlord’s Lessor's own funds and to use such security deposit for such purpose as Landlord Lessor may determine. In the event of the failure of Tenant Lessee to keep and perform any of the terms, covenants and conditions of this Lease Agreement to be kept and performed by Tenant Lessee during the Term term hereof or any extension hereof, then Landlordthe Lessor, either with or without terminating this Lease Agreement Lease, may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord Lessor for all losses or damages sustained or to be sustained by Landlord Lessor due to such breach on the part of TenantLessee, including, but not limited to overdue and unpaid rent, any other sum payable by Tenant Lessee to Landlord Lessor pursuant to the provisions of this Lease AgreementLease, damages or deficiencies in the reletting of Premisesdemised premises, and reasonable attorney’s 's fees incurred by LandlordLessor. Should the entire deposit or any portion thereof, be appropriated and applied by LandlordLessor, in accordance with the provisions of this paragraph, Tenant Lessee upon written demand by LandlordLessor, shall remit forthwith to Landlord Lessor a sufficient amount of cash to restore said security deposit to the original sum deposited, and Tenant’s Lessee's failure to do so within five (5) business days after receipt of such demand shall constitute a breach of this Lease AgreementLease. Said security deposit shall be returned to TenantLessee, less any depletion thereof as the result of the provisions of this paragraph, at the end of the Term term of this Lease Agreement or any renewal thereof, or upon the earlier termination of this Lease AgreementLease. Tenant Lessee shall have no right to anticipate return of said deposit by withholding any amount required to be paid pursuant to the provisions provision of this Lease Agreement or otherwise. Tenant understands that its potential liability under this *Security Deposit of $4,500.00 is transferred from Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under law. In the event Landlord shall sell the Property, or shall otherwise convey or dispose of its interest in this Lease Agreement, Landlord may assign the security deposit or any balance thereof to Landlord’s assignee, whereupon Landlord shall be released from all liability for the return or repayment of such security deposit and Tenant shall look solely to the said assignee for the return and repayment of said security deposit. Said security deposit shall not be assigned or encumbered by Tenant without such consent of Landlord, and any assignment or encumbrance without such consent shall not bind Landlord. In the event of any rightful and permitted assignment of this Lease Agreement by Tenant, said security deposit shall be deemed to be held by Landlord as a deposit made by the assignee, and Landlord shall have no further liability with respect to the return of said security deposit to Tenantdated 3/7/96.

Appears in 1 contract

Samples: Lease (Fountain Pharmaceuticals Inc)

SECURITY AND DAMAGE DEPOSIT. Tenant, contemporaneously with the execution of this Lease Agreement, Tenant has deposited with Landlord or shall deposit with Landlord not later than the Commencement Date the sum of Five One Hundred Nine Thousand Seven Four Hundred Seventeen and /36100 Nineteen Dollars ($5,717.36109,419), receipt . At such time that Tenant has consummated a closing on its equity offering for at least Ten Million Dollars ($10,000,000) and provided evidence of which is acknowledged hereby by said closing to Landlord, Tenant’s security deposit may be used by Tenant to pay Tenant’s monthly Base Rent and Additional Rent obligations until such time that Twenty Four Thousand Three Hundred Fifteen Dollars ($24,315) remains as a security deposit, after which time that Twenty Four Thousand Three Hundred Fifteen Dollars ($24,315) sum will remain as a security deposit is to for the balance of the Term (as the Term may be held by Landlordextended). Landlord shall hold deposit, without liability for interest, as a security and damage deposit for the faithful performance by Tenant during the Term hereof of the Lease or any extension hereofextension. Prior to the time when Tenant shall be entitled to the return of this security deposit, Landlord may commingle co-mingle such deposit with Landlord’s own funds and to use such security deposit for such purpose as Landlord may determine. In the event of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this the Lease Agreement to be kept beyond any applicable notice and performed by Tenant during the Term hereof or any extension hereofcure period, then Landlord, either with or without terminating this Lease Agreement Lease, may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord for all losses or actual damages sustained or to be sustained by Landlord due to such breach on the part of Tenant. Landlord may apply said deposit, includingwithout limitation, but not limited to overdue and unpaid rent, any other sum payable by Tenant to Landlord pursuant to the provisions of this Lease AgreementLease, damages or deficiencies in damage to the reletting of PremisesDemised Premises which Tenant is obligated to repair, and reasonable attorney’s fees incurred by LandlordLandlord in connection therewith. Should the entire deposit or any portion thereof, be appropriated and applied by Landlord, Landlord in accordance with the provisions of this paragraph, Tenant upon written demand by Landlord, shall remit forthwith to Landlord a sufficient amount of cash to restore said security deposit to the original sum deposited, and so applied. Tenant’s failure to do so remit such security deposit within five (5) business days after receipt of such demand shall constitute a breach of this Lease AgreementLease. Said security deposit shall be returned to Tenant, less any depletion thereof as Upon the result of the provisions of this paragraph, at the end of the Term of this Lease Agreement or any renewal thereof, or upon the earlier termination of this Lease Agreementor any extension, Landlord shall return to Tenant the deposit or any remaining balance. Tenant shall have no right to anticipate return of said deposit by withholding any amount required to be paid pursuant to the provisions provision of this Lease Agreement or otherwise. Tenant understands that its potential liability under this Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under lawLease. In the event Landlord shall sell the PropertyBuilding, or shall otherwise convey or dispose of its interest in this Lease AgreementLease, Landlord may shall assign the said security deposit or any balance thereof to Landlord’s assignee, whereupon Landlord shall be released from all liability for the return or repayment of such security deposit and Tenant shall look solely to the said assignee for the return and repayment of said security deposit. Said security deposit shall not be assigned or encumbered by Tenant without such the written consent of Landlord, and any assignment or encumbrance without such consent shall not bind Landlord. In the event of any rightful and permitted assignment of this Lease Agreement by Tenant, said security deposit shall be deemed to be held by Landlord as a deposit made by the assignee, and Landlord shall have no further liability with respect to the return of said security deposit to the Tenant.

Appears in 1 contract

Samples: Commercial Lease (Vyant Bio, Inc.)

SECURITY AND DAMAGE DEPOSIT. 10. Tenant, contemporaneously with the execution of this Lease AgreementLease, has deposited with Landlord the sum of Five Thousand Seven Hundred Seventeen and /36100 Dollars SEVEN THOUSAND EIGHT HUNDRED NINETY--SEVEN AND 86/100 DOLLARS ($5,717.367,897.86), receipt of which is acknowledged hereby by Landlord, which deposit is to be held by Landlord, without liability for interest, as a security and damage deposit for the faithful performance by Tenant during the Term term hereof or any extension hereof. Prior to the time when Tenant shall be entitled to the return of this security deposit, Landlord may commingle co-mingle such deposit with Landlord’s 's own funds and to use such security deposit for such purpose as Landlord may determine. In the event of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease Agreement to be kept and performed by Tenant during the Term term hereof or any extension hereof, then Landlord, either with or without terminating this Lease Agreement Lease, may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord for all losses or damages sustained or to be sustained by Landlord due to such breach on the part of Tenant, including, but not limited to overdue and unpaid rentRent, any other sum payable by Tenant to Landlord pursuant to the provisions of this Lease AgreementLease, damages or deficiencies in the reletting of the Demised Premises, and reasonable attorney’s attorneys' fees incurred by Landlord. Should the entire deposit or any portion thereof, thereof be appropriated and applied by Landlord, Landlord in accordance with the provisions of this paragraph, Tenant Tenant, upon written demand by Landlord, shall remit forthwith to Landlord a sufficient amount of cash to restore said security deposit to the original sum deposited, deposited and Tenant’s 's failure to do so within five ten (510) business days after receipt of such demand shall constitute a breach of this Lease AgreementLease. Said security deposit shall be returned to Tenant, less any depletion thereof as the result of the provisions of this paragraph, at within 30 days after the end of the Term term of this Lease Agreement or any renewal thereof, or upon the earlier termination of this Lease AgreementLease. Tenant shall have no right to anticipate return of said deposit by withholding any amount required to be paid pursuant to the provisions provision of this Lease Agreement or otherwise. Tenant understands that its potential liability under this Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under law. In the event Landlord shall sell the PropertyPremises, or shall otherwise convey or dispose of its interest in this Lease AgreementLease, Landlord may assign the said security deposit or any balance thereof to Landlord’s 's assignee, whereupon Landlord shall be released from all liability for the return or repayment of such security deposit and Tenant shall look solely to the said assignee for the return and repayment of said security deposit. Said security deposit shall not be assigned or encumbered by Tenant without such the written consent of Landlord, Landlord and any assignment or encumbrance without such consent shall not bind Landlord. In the event of any rightful and permitted assignment of this Lease Agreement by Tenant, said security deposit shall be deemed to be held by Landlord as a deposit made by the assignee, assignee and Landlord shall have no further liability with respect to the return of said security deposit to Tenant.

Appears in 1 contract

Samples: Lectec Corp /Mn/

SECURITY AND DAMAGE DEPOSIT. Tenant, 10. Lessee contemporaneously with the execution of this Lease AgreementLease, has deposited with Landlord Lessor the sum of Five Fifteen Thousand Seven Hundred Seventeen Fifty and /36100 NO/100 Dollars ($5,717.3615,050.00), receipt of which is acknowledged hereby by LandlordLessor, which deposit is to be held by LandlordLessor, without liability for interest, as a security and damage deposit for the faithful performance by Tenant Lessee during the Term term hereof or any extension hereof. Prior to the time when Tenant Lessee shall be entitled to the return of this security deposit, Landlord Lessor may commingle co-mingle such deposit with LandlordLessor’s own funds and to use such security deposit for such purpose as Landlord Lessor may determine. In the event of the failure of Tenant Lessee to keep and perform any of the terms, covenants covenants, and conditions of this Lease Agreement to be kept and performed by Tenant Lessee during the Term term hereof or any extension hereof, then LandlordLessor, either with or without terminating this Lease Agreement Lease, may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord Lessor for all losses or damages sustained or to be sustained by Landlord Lessor due to such breach on the part of TenantLessee, including, but not limited to overdue and unpaid rent, any other sum payable by Tenant Lessee to Landlord Lessor pursuant to the provisions of this Lease AgreementLease, damages damages, or deficiencies in the reletting of Demised Premises, and reasonable attorney’s fees incurred by LandlordLessor. Should the entire deposit or any portion thereof, be appropriated and applied by LandlordLessor, in accordance with the provisions of this paragraph, Tenant . Lessee upon written demand by LandlordLessor, shall remit forthwith to Landlord Lessor a sufficient amount of cash to restore said security deposit to the original sum deposited, and TenantLessee’s failure to do so within five (5) business days after receipt of such demand shall constitute a breach of this Lease AgreementLease. Said security deposit shall be returned to TenantLessee, less any depletion thereof as the result of the provisions of this paragraph, at the end of the Term term of this Lease Agreement or any renewal thereof, or upon the earlier termination of this Lease AgreementLease. Tenant Lessee shall have no right to anticipate return of said deposit by withholding any amount required to be paid pursuant to the provisions provision of this Lease Agreement or otherwise. Tenant understands that its potential liability under this Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under law. In the event Landlord Lessor shall sell the PropertyPremises, or shall otherwise convey or dispose of its interest in this Lease AgreementLease, Landlord Lessor may assign the said security deposit or any balance thereof to LandlordLessor’s assignee, whereupon Landlord Lessor shall be released from all liability for the return or repayment of such security deposit and Tenant Lessee shall look solely to the said assignee for the return and repayment of said security deposit. Said security deposit shall not be assigned or encumbered by Tenant Lessee without such the written consent of LandlordLessor, and any assignment or of encumbrance without such consent shall not bind LandlordLessor. In the event of any rightful and permitted assignment of this Lease Agreement by TenantLessee, said security deposit shall be deemed to be held by Landlord Lessor as a deposit made by the assignee, and Landlord Lessor shall have no further liability with respect to the return of said security deposit to Tenant.the Lessee. USE:

Appears in 1 contract

Samples: Commercial Lease (Medtox Scientific Inc)

SECURITY AND DAMAGE DEPOSIT. Tenant, Tenant contemporaneously with the execution of this Lease AgreementLease, has deposited with Landlord the sum of Five Thousand Seven Hundred Seventeen and /36100 Dollars $18,000.00 ($5,717.36the "Deposit"), receipt of which is acknowledged hereby by Landlord, which deposit is to be held by Landlord, without liability for interest, as a security and damage deposit for the faithful performance by Tenant during the Term term hereof or any extension hereof. Prior to the time when Tenant shall be entitled to the return of this security depositthe Deposit, Landlord may commingle such deposit the Deposit with Landlord’s 's own funds and to use such security deposit the Deposit for such purpose purposes as Landlord may determine. In the event of the failure of If Tenant fails to keep and perform any of the terms, covenants and conditions of this Lease Agreement to be kept and performed by Tenant during the Term hereof or any extension hereofLease, then Landlord, either with or without terminating this Lease Agreement Lease, may (but shall not be required to) apply such portion of said deposit the Deposit as may be necessary to compensate or repay Landlord for all losses or damages sustained or to be sustained by Landlord due to such breach on the part of Tenant, including, but not limited to overdue and unpaid rent, any other sum payable by Tenant to Landlord pursuant to the provisions of this Lease AgreementLease, damages or deficiencies in the reletting of PremisesLeased Property, and reasonable attorney’s attorneys' fees incurred by Landlord. Should the entire deposit Deposit or any portion thereof, be appropriated and applied by Landlord, in accordance with the provisions of this paragraph, Tenant upon written demand by Landlord, shall remit forthwith to Landlord a sufficient amount of cash to restore said security deposit the Deposit to the original sum deposited, and Tenant’s 's failure to do so within five (5) business days after receipt of such demand shall constitute a breach of this Lease AgreementLease. Said security deposit The Deposit shall be returned to Tenant, less any depletion thereof as the result of the provisions of this paragraph, at the end of the Term term of this Lease Agreement or any renewal thereof, or upon the earlier termination of this Lease AgreementLease. Tenant shall have no right to anticipate return of said deposit the Deposit by withholding any amount required to be paid pursuant to the provisions provision of this Lease Agreement or otherwise. Tenant understands that its potential liability under this Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under law. In the event If Landlord shall sell the Property, or shall otherwise convey or dispose of its interest in this Lease AgreementLease, Landlord may assign the security deposit Deposit or any balance thereof to Landlord’s ' assignee, whereupon Landlord shall be released from all liability for the return or repayment of such security deposit the Deposit and Tenant shall look solely to the said assignee for the return and an repayment of said security depositthe Deposit. Said security deposit The Deposit shall not be assigned or encumbered by Tenant without such the written consent of Landlord, and any assignment or encumbrance without such consent shall not bind Landlord. In the event of any rightful and permitted assignment of this Lease Agreement by Tenant, said security deposit the Deposit shall be deemed to be held by Landlord as a deposit made by the assignee, and Landlord shall have no further liability with respect to the return of said security deposit the Deposit to Tenant.

Appears in 1 contract

Samples: Lease (Biosensor Corp)

SECURITY AND DAMAGE DEPOSIT. Tenant, 13. Tenant contemporaneously with the execution of this Lease AgreementLease, has deposited with Landlord Lessor the sum of Five Seventy-Four Thousand Seven Eight Hundred Seventeen Eighteen and /36100 04/100 Dollars ($5,717.3674,818.04), receipt of which is acknowledged hereby by LandlordLessor, which deposit is to be held by LandlordLessor, without liability for interest, as a security and damage deposit for the faithful performance by Tenant during the Term term hereof or any extension hereof. Prior to the time when Tenant shall be entitled to the return of this security deposit, Landlord Lessor may commingle co-mingle such deposit with Landlord’s Lessor's own funds and to use such security deposit for such purpose as Landlord Lessor may determine. Notwithstanding the foregoing to the contrary, in the event Lessor transfers title to the Property to a party with a tangible net worth of less than Five Million and 00/100 Dollars ($5,000,000.00), Lessor shall require such transferee to segregate the security deposit in a separate account and agree in writing not to co-mingle said security deposit with such transferee's own funds. In the event Lessor transfers title to the Property to a party with a tangible net worth of Five Million and 00/100 Dollars ($5,000,000.00) and such transferee wishes to co-mingle such deposit with its own funds, such transferee shall, as a condition thereto, provide to Tenant such transferee's most recent financial statement, which shall have at least been reviewed by independent certified public accountants, in order to substantiate such transferee's then current tangible net worth. Any such writing shall name Tenant and its assigns as third party beneficiaries. Lessor shall provide to Tenant an executed original of any such writing. In the event of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease Agreement to be kept and performed by Tenant during the Term term hereof or any extension hereof, then Landlord, Lessor either with or without terminating this Lease Agreement Lease, may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord Lessor for all losses or damages sustained or to be sustained by Landlord Lessor due to such breach on the part of Tenant, including, but not limited to overdue and unpaid rent, any other sum payable by Tenant to Landlord Lessor pursuant to the provisions of this Lease AgreementLease, damages or deficiencies in the reletting of Premises, and reasonable attorney’s 's fees incurred by LandlordLessor. Should the entire deposit or any portion thereof, be appropriated and applied by LandlordLessor, in accordance with the provisions of this paragraph, Tenant upon written demand by LandlordLessor, shall remit forthwith to Landlord Lessor a sufficient amount of cash to restore said security deposit to the original sum deposited, and Tenant’s 's failure to do so within five (5) business days after receipt of such demand shall constitute a breach of this Lease AgreementLease. Said security deposit shall be returned to Tenant, less any depletion thereof as the result of the provisions of this paragraph, at the end of the Term term of this Lease Agreement or any renewal thereof, or upon the earlier termination of this Lease AgreementLease. Tenant shall have no right to anticipate return of said deposit by withholding any amount required to be paid pursuant to the provisions provision of this Lease Agreement or otherwise. Tenant understands that its potential liability under this Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under law. In the event Landlord Lessor shall sell the Property, or shall otherwise convey or dispose of its interest in this Lease AgreementLease, Landlord Lessor may assign the said security deposit or any balance thereof to Landlord’s Lessor's assignee, whereupon Landlord Lessor shall be released from all liability for the return or repayment of such security deposit and Tenant shall look solely to the said assignee for the return and repayment of said security deposit. Said security deposit shall not be collaterally assigned or encumbered by Tenant without such the written consent of LandlordLessor, and any assignment or encumbrance without such consent shall not bind LandlordLessor. In the event of any rightful and permitted assignment of this Lease Agreement by Tenant, said security deposit shall be deemed to be held by Landlord Lessor as a deposit made by the assignee, and Landlord Lessor shall have no further liability with respect to the return of said security deposit to the Tenant.

Appears in 1 contract

Samples: Office/Warehouse Lease (Manufacturers Services LTD)

SECURITY AND DAMAGE DEPOSIT. Tenant, Lessee contemporaneously with the execution of this Lease AgreementLease, has deposited with Landlord Lessor the sum of Five Thousand Seven Hundred Seventeen and /36100 Zero Dollars ($5,717.36---0---), receipt of which is hereby acknowledged hereby by LandlordLessor, which deposit is to be held by LandlordLessor, without liability for interest, interest as a security and damage deposit for the faithful performance by Tenant Lessee during the Term term hereof or any extension hereof. Prior to the time of when Tenant Lessee shall be entitled to the return of this security deposit, Landlord Lessor may commingle such deposit with Landlord’s Lessor's own funds and to use such security deposit for such purpose purposes as Landlord Lessor may determine. In the event of the failure of Tenant Lessee to keep and perform any of the terms, covenants and conditions of this Lease Agreement to be kept and performed by Tenant Lessee during the Term term hereof or any extension hereof, then LandlordLessor, either with or without terminating this Lease Agreement may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord Lessor for all losses or damages sustained or to be sustained by Landlord Lessor due to such breach on the part of TenantLessee, including, but not limited to to, overdue and unpaid rent, any other sum amounts payable by Tenant Lessee to Landlord Lessor pursuant to the provisions of this Lease AgreementLease, damages or deficiencies in the reletting of Demised Premises, and reasonable attorney’s 's fees incurred by LandlordLessor. Should the entire deposit or any portion thereof, be appropriated and applied by LandlordLessor, in accordance with the provisions of this paragraph, Tenant Lessee upon written demand by Landlord, Lessor shall remit forthwith to Landlord Lessor a sufficient amount of cash to restore said security deposit to the original sum deposited, and Tenant’s Lessee's failure to do so within five (5) business days after receipt of such demand shall constitute a breach of this Lease AgreementLease. Said security deposit shall be returned to TenantLessee, less any depletion deposit thereof as the result of the provisions of this paragraph, at the end of the Term term of this Lease Agreement Lease, or any renewal thereof, thereof or upon the earlier termination of this Lease AgreementLease. Tenant Lessee shall have no right to anticipate return of said deposit by withholding any amount required to be paid pursuant to the provisions provision of this Lease Agreement or otherwise. Tenant understands that its potential liability under this Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under law. In the event Landlord Lessor shall sell the PropertyPremises, or shall otherwise convey or dispose of its interest in this Lease AgreementLease, Landlord Lessor may assign the said security deposit or any balance thereof to Landlord’s Lessor's assignee, whereupon Landlord Lessor shall be released from all liability for the return or repayment of such security deposit and Tenant Lessee shall look solely to the said assignee for the return and repayment reimbursement of said security deposit. Said security deposit shall not be assigned or encumbered by Tenant Lessee without such the written consent of LandlordLessor, and any assignment or encumbrance without such consent shall not bind LandlordLessor. In the event of any rightful and permitted assignment of this Lease Agreement by Tenant, Lessor said security deposit shall be deemed to be held by Landlord Lessor as a deposit made by the assignee, and Landlord Lessor shall have no further liability with respect to the return of said security deposit to Tenantthe Lessee.

Appears in 1 contract

Samples: Childrens Broadcasting Corp

SECURITY AND DAMAGE DEPOSIT. Tenant, contemporaneously with the execution of this Lease Agreement, Tenant has deposited with Landlord the sum of Five Four Thousand Seven Six Hundred Seventeen Forty and /36100 60/100 Dollars ($5,717.364,640.60), receipt of which is acknowledged hereby by Landlord, which deposit is to be held by Landlord. Landlord shall hold deposit, without liability for interest, as a security and damage deposit for the faithful performance by Tenant during the Term hereof of Lease or any extension hereofextension. Prior to the time when Tenant shall be entitled to the return of this security deposit, Landlord may commingle co-mingle such deposit with Landlord’s own funds and to use such security deposit for such purpose as Landlord may determine. In the event of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease Agreement to be kept and performed by Tenant during the Term hereof term of lease or any extension hereofof this lease, then Landlord, either with or without terminating this Lease Agreement Lease, may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord for all losses or damages sustained or to be sustained by Landlord due to such breach on the part of Tenant, including, but not limited . Landlord may apply said deposit without limitation to overdue and unpaid rent, any other sum payable by Tenant to Landlord pursuant to the provisions of this Lease AgreementLease, damages or deficiencies in the reletting of Demised Premises, and reasonable attorney’s fees incurred by Landlord. Should the entire deposit or any portion thereof, be appropriated and applied by Landlord, in accordance with the provisions of this paragraph, Tenant upon written demand by Landlord, shall remit forthwith to Landlord a sufficient amount of cash to restore said security deposit to the original sum deposited, and . Tenant’s failure to do so remit such security deposit within five (5) business days after receipt of such demand shall constitute a breach of this Lease AgreementLease. Said security deposit shall be returned to Tenant, less any depletion thereof as Upon the result of the provisions of this paragraph, at the end of the Term of this Lease Agreement or any renewal thereof, or upon the earlier termination of this Lease Agreementor any extension, Landlord shall return to Tenant the deposit or any remaining balance. Tenant shall have no right to anticipate return of said deposit by withholding any amount required to be paid pursuant to the provisions of this Lease Agreement or otherwise. Tenant understands that its potential liability under this Lease Agreement is not limited to the amount of the security deposit. Use of such security deposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under lawLease. In the event Landlord shall sell the PropertyBuilding, or shall otherwise convey or dispose of its interest in this Lease AgreementLease, Landlord may assign the said security deposit or any balance thereof to Landlord’s assignee, whereupon Landlord shall be released from all liability for the return or repayment of such security deposit and Tenant shall look solely to the said assignee for the return and repayment of said security deposit. Said security deposit shall not be assigned or encumbered by Tenant without such the written consent of Landlord, and any assignment or encumbrance without such consent shall not bind Landlord. In the event of any rightful and permitted assignment of this Lease Agreement by TenantLandlord, said security deposit shall be deemed to be held by Landlord as a deposit made by the assignee, and Landlord shall have no further liability with respect to the return of said security deposit to the Tenant.

Appears in 1 contract

Samples: Commercial Lease (Restore Medical, Inc.)

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