Common use of Security/Damage Deposit Clause in Contracts

Security/Damage Deposit. Simultaneously with the execution of this Lease, Tenant shall pay the sum of Twenty-Seven Thousand Nine Hundred Twenty Dollars ($27,920.00) Dollars (the “Security Deposit”) to be held by Landlord as security for Tenant’s full and faithful performance of this Lease including the payment of Rent. It is expressly understood that such deposit shall not be considered an advance payment of Rent or a measure of Landlord’s damages in the event of default by Tenant. Landlord shall have the right to apply all or any part of the security deposit against any damage, injury, expense or liability caused Landlord by Tenant or by Tenant's default hereunder, including, but not limited to: (a) unreasonable wear and tear of the Premises; (b) loss or damage to the Premises or other property of the Landlord caused by Tenant, Tenant’s officers, employees, agents invitee, or licensees; (c) the cost of restoring the Premises, except for reasonable wear and tear, to the same condition it was in at the time Tenant began occupancy thereof; (d) Rent payments which remain due and owing beyond any applicable grace period. Landlord shall not be limited in pursuing Landlord’s remedies against Tenant for costs, losses or damages to the Premises or to any other property of Landlord for any such costs, losses or damages which are in excess of the above described security deposit. Such money shall bear no interest and may be commingled with other security deposits or funds of Landlord. Tenant grants Landlord a security interest in the Security Deposit. Landlord may apply the Security Deposit to the extent required to cure any default by Tenant or repair any damage to the Premises. If Landlord so applies the Security Deposit, Tenant shall deliver to Landlord the amount necessary to replenish the Security Deposit to its original sum within five days after notice from Landlord. The Security Deposit shall not be deemed an advance payment of Rent or a measure of damages for any default by Tenant, nor shall it be a defense to any action that Landlord may bring against Tenant.

Security/Damage Deposit. Simultaneously with Upon the execution Effective Date of this Lease, Tenant shall pay the sum of Twenty-Seven Thousand Nine Hundred Twenty Dollars ($27,920.00) Dollars (the “Security Deposit”) 25,233.63 to Landlord, which shall be held by Landlord as security for Tenant’s full the performance by Tenant of all of the terms, covenants and faithful performance conditions of the Lease. $8,411.21 shall be refunded to Tenant at the end of month 12 and month 24 of the Lease Term, assuming satisfactory compliance with tall terms and obligations as per this Lease including the payment of RentAgreement. It is expressly understood that such deposit shall not be considered an advance payment of Rent or a measure of Landlord’s 's damages in the event of default by Tenant. Landlord shall have the right to apply all or any part of the security deposit against any damage, injury, expense or liability caused incurred by Landlord by Tenant or by as a result of Tenant's default hereunderdefault, including, but not limited to: (a) unreasonable wear and tear of the Premises; (b) loss or damage to the Premises or other property of the Landlord caused by Tenant, Tenant’s 's officers, employees, agents invitee, or licensees; (c) the cost of restoring the Premises, except for reasonable wear and tear, to the same condition it was in at the time Tenant began took occupancy thereof; and (d) Rent payments which remain due and owing beyond any applicable grace period. Landlord shall not be limited in pursuing Landlord’s 's remedies against Tenant for costs, losses or damages to the Premises or to any other property of Landlord for any such costs, losses or damages which are in excess of the above described security deposit. Such money shall bear no interest and may be commingled with other security deposits or funds of Landlord. Tenant grants Landlord a security interest in the Security Deposit. Landlord may apply the Security Deposit to the extent required to cure any default by Tenant or repair any damage to the Premises. If Landlord so applies the Security Deposit, Tenant shall deliver to Landlord the amount necessary to replenish the Security Deposit to its original sum within five days after notice from Landlord. The Security Deposit shall not be deemed an advance payment of Rent or a measure of damages for any default by Tenant, nor shall it be a defense to any action that Landlord may bring against Tenant.

Security/Damage Deposit. Simultaneously Tenant has deposited the sum of Forth Thousand and No/100 U.S. Dollars ($40,000) with the execution Landlord, the receipt of which is hereby acknowledged (except that if such payment is made by check this receipt is subject to collection) as security for the complete and faithful performance by Tenant of each and every item, covenant, and condition of this Lease including, but not limited to, payment of rent and care of leased premises as set forth in Paragraph 8 hereof. In the event that Tenant defaults in any terms, agreements, covenants, and conditions of this Lease, Landlord, at its sole discretion, may use, apply or retain the whole or any part of the security/damage deposit for payment of any damage to the leased premises or the building on the leased premises or other losses, cost, or rent in default or for any other sum which Landlord expends or incurs by reason of Tenant's breach or default of this Lease. Notice shall be given to Tenant of the possible use of the security deposit for repairs. Tenant shall pay have a reasonable amount of time to respond as to such use of the sum funds. Landlord, at Landlord's sole discretion, may commingle all or any portion of Twenty-Seven Thousand Nine Hundred Twenty Dollars ($27,920.00) Dollars (the “Security Deposit”) to be held by Landlord as security for Tenant’s full security/damage deposit with Landlord's other funds and faithful performance may use and/or deposit any portion or all of this Lease including the payment of Rentsecurity/damage deposit in an interest bearing or non- interest bearing account. It The security/damage deposit is expressly understood that such deposit not, and shall not be considered deemed or construed to be, an advance payment or partial payment of Rent rent or a measure any other cost due from Tenant pursuant to this Lease. After each application or retention of Landlord’s damages in the event of default by Tenant. Landlord shall have the right to apply all or any part of the security security/damage deposit against by Landlord and upon Landlord's oral or written demand to Tenant, Tenant shall pay to Landlord the amount of the security/damage deposit so applied or retained so that the total amount of the security/damage deposit during the term of this Lease or any damagerenewal thereof shall be equal to its original amount, injuryand in the event that Tenant fails to pay the amount requested by Landlord within five (5) days after Landlord's request, expense Tenant shall be in default of this Lease. Landlord will identify and specify any problems and communicate, in writing, to Tenant within 30 days after lease termination. The security/damage deposit, less any amounts used, applied or liability caused Landlord by retained under the terms of this Lease will be mailed to Tenant or by Tenant's default hereunder, including, but not limited towithin sixty (60) days after the later of the following to occur: (a) unreasonable wear and tear the termination of the Premisesthis Lease; or (b) loss or damage after delivery to the Premises or other property Landlord of the entire possession of the leased premises defined in Paragraph 5 hereof. In the event that Tenant occupies the leased premises for less than the initial term as set forth in Paragraph 2(A) hereof, the security/damage deposit shall be retained by Landlord caused by Tenant, Tenant’s officers, employees, agents invitee, or licensees; (c) the cost of restoring the Premises, except for reasonable wear and tear, to the same condition it was in at the time Tenant began occupancy thereof; (d) Rent payments which remain due and owing beyond any applicable grace period. Landlord shall not be limited in pursuing Landlord’s remedies against Tenant for costs, losses or damages returned to the Premises or to any other property of Landlord for any such costs, losses or damages which are in excess of the above described security deposit. Such money shall bear no interest and may be commingled with other security deposits or funds of Landlord. Tenant grants Landlord a security interest in the Security Deposit. Landlord may apply the Security Deposit to the extent required to cure any default by Tenant or repair any damage to the Premises. If Landlord so applies the Security Deposit, Tenant shall deliver to Landlord the amount necessary to replenish the Security Deposit to its original sum within five days after notice from Landlord. The Security Deposit shall not be deemed an advance payment of Rent or a measure of damages for any default by Tenant, nor shall it be a defense to any action that Landlord may bring against Tenant.

Security/Damage Deposit. Simultaneously with the Upon execution of this Leaselease, Tenant shall pay will deposit with Landlord the sum of Twenty-Seven Thousand Nine Hundred Twenty Dollars ($27,920.00) Dollars (the specified as “Security Security/Damage Deposit”) to be held by Landlord ” in Article 1 hereof as security for Tenant’s the full and faithful performance of every provision of this Lease lease to be performed by Xxxxxx. Said deposit shall be held by Landlord without obligation or liability for payment of income from or interest on said deposit. If Tenant defaults with respect to any provisions of this lease, including but not limited to the provisions relating to the payment of Rent. It is expressly understood that such deposit shall not be considered an advance payment of Rent any rent or a measure of Landlord’s damages in the event of default by Tenant. other charges, Landlord shall have the right to may use, apply or retain all or any part of said deposit for the security deposit against payment of any damagerent or other charge in default, injury, expense or liability caused for the payment of any other amount which Landlord may spend or become obligated to spend by Tenant or by reason of Tenant's default hereunderdefault, including, but not limited to: (a) unreasonable wear and tear of the Premises; (b) or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant’s default. If any portion of said deposit is so used or applied, Tenant shall, within five (5) days after written demand therefore, deposit cash with Landlord in an amount sufficient to restore said deposit to the Premises full amount hereinabove stated, and Tenant's failure to do so shall be a material C2000092 breach of this lease. If Tenant shall fully and faithfully perform every provision of this lease to be performed by it, said deposit or other property of the Landlord caused so much thereof as has not theretofore been applied by TenantLandlord, Tenant’s officersshall be returned to Tenant (or, employees, agents invitee, or licensees; (c) the cost of restoring the Premises, except for reasonable wear and tearat Landlord's option, to the same condition it was in last assignee of Tenant's interest hereunder) at the time expiration of the term hereof. The making by Tenant began occupancy thereof; (d) Rent payments which remain due and owing beyond any applicable grace period. of such deposit, or the application thereof by Landlord in the manner hereinabove provided, shall not constitute nor be limited construed as a limitation upon the exercise by Landlord of any other rights or remedies provided to Landlord under the terms of this lease in pursuing Landlord’s remedies against Tenant for coststhe event of Tenant's default. In the event Landlord sells the Retail Office Center, losses or damages then Landlord may assign said deposit to the Premises or to any other property of Landlord for any such costs, losses or damages which are in excess of the above described security deposit. Such money shall bear no interest and may be commingled with other security deposits or funds purchaser of Landlord. Tenant grants Landlord a security 's interest in the Security Deposit. Landlord may apply the Security Deposit demised premises without liability to the extent required to cure any default by Tenant or repair any damage to the Premises. If Landlord so applies the Security Deposit, Tenant shall deliver to Landlord the amount necessary to replenish the Security Deposit to its original sum within five days after notice from Landlord. The Security Deposit shall not be deemed an advance payment of Rent or a measure of damages for any default by Tenant, nor and upon such assignment Landlord shall it be a defense discharged from further liability with respect to any action that Landlord may bring against Tenantsuch deposit.

Security/Damage Deposit. SECURITY/DAMAGE DEPOSIT. Simultaneously with the execution of this Lease, Tenant shall (i) pay the a sum equal to two (2) months' gross rent (not including sales tax) (to wit: $35,442.76); and (ii) provide Landlord with a $250,000.00 letter of Twenty-Seven Thousand Nine Hundred Twenty Dollars ($27,920.00) Dollars (the “Security Deposit”) credit issued by a financial institution and in a form acceptable to Landlord, both to be held by Landlord as security for Tenant’s full the performance by Tenant of all of the terms, covenants and faithful performance of this Lease including conditions hereof and the payment of RentRent or any other sum due Landlord hereunder. It is expressly understood that such deposit shall not be considered an advance payment of Rent or a measure of Landlord’s 's damages in the event of default by Tenant. Landlord shall have the right to apply all or any part of the security deposit against any costs or expenses incurred or to be incurred by Landlord as a result of any damage, injury, expense or liability caused Landlord by Tenant or by Tenant's default hereunderdefault, including, but not limited to: (a) unreasonable wear and tear of the Premises; (b) loss or damage to the Premises or other property of the Landlord caused by Tenant, Tenant’s 's officers, employees, agents inviteeagents, invitees, or licenseeslicenses, reasonable wear and tear excepted; (c) the cost of restoring the Premises, except for reasonable wear and tear, to the same condition it was in at the time Tenant began occupancy thereof; (d) Rent or Additional Rent payments which remain due and owing beyond any applicable grace period. Landlord shall not be limited in pursuing Landlord’s 's remedies against Tenant for costs, losses or damages to the Premises or to any other property of Landlord for any such costs, losses or damages which are in excess of the above described security deposit. Such money shall bear no interest and may be commingled with other security deposits or funds of Landlord. Tenant grants shall promptly replenish any security deposit used by Landlord for any of the items set forth in this Article IV. Tenant's failure to do so shall be deemed a security interest default under this Lease. Provided that Tenant is not then in default under any provision of this Lease, Tenant has the option of replacing the letter of credit with a substitute letter of credit, issued by a financial institution reasonably acceptable to Landlord and in a form comparable to the original letter of credit provided hereunder, in the Security Deposit. Landlord may apply following amounts at the Security Deposit to times indicated: (i) $150,000.00 at the extent required to cure any default by Tenant or repair any damage to end of the Premises. If Landlord so applies fourth (4th) lease year; (ii) $100,000.00 at the Security Deposit, Tenant shall deliver to Landlord end of the amount necessary to replenish fifth (5th) lease year; and (iii) $50,000.00 at the Security Deposit to its original sum within five days after notice from Landlord. The Security Deposit shall not be deemed an advance payment end of Rent or a measure of damages for any default by Tenant, nor shall it be a defense to any action that Landlord may bring against Tenantthe sixth (6th) lease year.

Security/Damage Deposit. Simultaneously with Upon the due execution of this LeaseAgreement, Tenant shall pay deposit with Landlord the sum of Twenty-Seven Thousand Nine Hundred Twenty Dollars ____________________________ DOLLARS ($27,920.00) Dollars (__,____.00), receipt of which is hereby acknowledged by Landlord, as security for any damage caused to the “Security Deposit”) Premises during the term hereof. Such deposit shall be returned to Tenant, without interest, and less any set off for damages to the Premises upon the termination of this Agreement. This deposit which is non-interest bearing, is to be held by Landlord as security for Tenant’s the full and faithful performance of all of the terms and conditions of this Lease including the payment lease and any renewals of Rentthis lease. It The security deposit is expressly understood that such deposit shall not be considered an advance payment rental and Tenant may not deduct any portion of Rent or a measure of the deposit from the rent due to Landlord’s damages in . In the event of default by forfeiture of the security deposit due to Tenant’s failure to fully and faithfully perform all of the terms and conditions of the lease, Landlord retains all of his other rights and remedies. Landlord shall Tenant does not have the right to apply all cancel this lease and avoid his obligations hereunder by forfeiting the said security deposit. In the event any damage to the leased premises or any part of the security deposit against any damageequipment therein, injury, expense or liability caused Landlord by Tenant or by Tenant's default hereunder, including, but not limited to: (a) unreasonable reasonable wear and tear of the Premises; (b) loss or damage to the Premises or other property of the Landlord accepted, caused by Tenant, Tenant’s officershis family, employeesguest(s) or agents, agents inviteeTenant agrees to pay Landlord, when billed, the full amount necessary to repair or licensees; (c) replace the damaged premises or equipment. Deductions may be made from the security deposit to reimburse Landlord for the cost of restoring the Premises, except for reasonable wear and tear, to the same condition it was in at the time Tenant began occupancy thereof; (d) Rent payments which remain due and owing beyond repairing any applicable grace period. Landlord shall not be limited in pursuing Landlord’s remedies against Tenant for costs, losses or damages to the Premises premises or equipment, or the cost of replacing any of the articles or equipment that may be damaged beyond repair, lost or missing at the termination of the lease. Deductions may also be made to cover any other property of unpaid amounts owed to Landlord for any such costs, losses damages or damages which are in excess loss occurring prior to termination of the above described lease and for which Tenant has been billed. In the event that such damages or cleaning charges exceed the amount of the security deposit, Tenant agrees to pay all excess costs of Landlord. In the event there has been a forfeiture of the security deposit, charges for damages and cleaning shall be paid in addition to the amount of the said security deposit. Such money Deductions will also be made to cover any unpaid rental amounts and late fees. Notwithstanding any other provisions expressed or implied herein, it is especially understood and agreed that the entire security deposit aforesaid shall bear no interest and may be commingled with other security deposits automatically forfeited should Tenant vacate or funds abandon the premises before the expiration of Landlord. Tenant grants Landlord a security interest in this lease, except where such abandonment occurs during the Security Deposit. Landlord may apply last month of the Security Deposit to term of the extent required to cure any default by Tenant or repair any damage to the Premises. If Landlord so applies the Security Depositlease, Tenant shall deliver to Landlord has paid all rent covering the amount necessary to replenish entire term, and either party has given the Security Deposit to its original sum within five days after other timely written notice from Landlord. The Security Deposit shall that this lease will not be deemed an advance payment of Rent or a measure of damages for any default by Tenant, nor shall it be a defense to any action that Landlord may bring against Tenant.renewed under its automatic renewal

Security/Damage Deposit. Simultaneously with the execution of this Lease, Tenant shall pay the sum of Twenty-Seven Thousand Nine Hundred Twenty Dollars ($27,920.00) Dollars (the “Security Deposit”) 12,300.00 to be held by Landlord as security for Tenant’s full the performance by Tenant of all of the terms, covenants and faithful performance of this Lease including conditions hereof and the payment of RentRent or any other sum due Landlord hereunder. It is expressly understood that such deposit shall not be considered an advance payment of Rent or a measure of Landlord’s 's damages in the event of default by Tenant. Landlord shall have the right to apply all or any part of the security deposit against any damage, injury, expense or liability caused Landlord by Tenant or by Tenant's default hereunderafter expiration of Tenant's applicable cure periods, including, but not limited to: (a) unreasonable wear and tear of the Premises; (b) loss or damage to the Premises or other property of the Landlord caused by Tenant, Tenant’s 's officers, employees, agents inviteeagents, invitees, or licensees; (c) the cost of restoring the Premises, except for reasonable wear and tear, to the same condition it was in at the time Tenant began occupancy thereof; (d) Rent payments which remain due and owing beyond any applicable grace period. Landlord shall not be limited in pursuing Landlord’s 's remedies against Tenant for costs, losses or damages to the Premises or to any other property of Landlord for any such costs, losses or damages which are in excess of the above described security deposit. Such money shall bear no interest and may be commingled with other security deposits or funds of Landlord. Tenant grants Landlord a security interest in Additionally, simultaneously with the Security Deposit. Landlord may apply the Security Deposit to the extent required to cure any default by Tenant or repair any damage to the Premises. If Landlord so applies the Security Depositexecution of this Lease, Tenant shall deliver cause the Corporate Guaranty attached hereto as Exhibit "H" to Landlord be executed by Net Command Tech, Inc. guarantying the amount necessary to replenish the Security Deposit to its original sum within five days after notice from Landlord. The Security Deposit shall not be deemed an advance full payment and performance of Rent or a measure of damages for any default by Tenant, nor shall it be a defense to any action that Landlord may bring against Tenant's obligations under this Lease.