Common use of Security Deposit Clause in Contracts

Security Deposit. (a) Tenant shall deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution of this Lease, as security for Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 3 contracts

Samples: Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.)

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Security Deposit. (a) Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit set forth at specified in Section 2(h) above, within five (5) business days of the full execution of this Lease, as security for Tenant’s faithful performance of its obligations under this Lease1. If the Base Rent shall increase during the initial term of this Lease Landlord may apply all or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount part of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any unpaid Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or cure any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result defaults of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any part of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, shall restore the Security Deposit to the full its original amount previously deposited; within 10 days after Landlord’s written request. Tenant’s failure to do so shall constitute an act of be a default hereunder under this Lease and Landlord the overdue amount shall have the right to exercise accrue interest as any remedy provided for at Section 27 hereofdelinquent payment. Within thirty (30) days after the Term (or If twice within any extension thereof) has expired or 12 month period, late charges are assessed against Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunderby Landlord, Landlord shall return the Security Deposit may, by written notice to Tenant, orrequire Tenant to pay Landlord an amount equal to two months Base Rent as an increase in the Security Deposit, if Tenant has assigned its interest under this Lease, to due within 5 days after Tenant’s receipt of the last assignee of Tenantnotice. If Landlord sells transfers its interest in the Premises, Landlord may deliver shall transfer the Security Deposit to its successor in interest, whereupon Landlord shall be automatically released from any liability for the purchaser return of the Security Deposit. If, at the end of the Term, Tenant has fully complied with all obligations under this Lease, then the remaining Security Deposit shall be returned to Tenant after Landlord has verified that Tenant has fully vacated the Premises, removed all of its property and surrendered the Premises in the condition required; provided that Landlord may hold back a portion of the Security Deposit until final determination of Tenant’s Share of Common Expenses due hereunder, whereupon any final adjustment shall be made and any remaining Security Deposit shall be returned to Tenant. Landlord’s interest and thereupon be relieved of any further liability or obligation obligations with respect to the Security Deposit are those of a debtor and not of a trustee, and Landlord can commingle the Security Deposit with Landlord’s general funds and no interest shall be paid to Tenant on the Security Deposit.

Appears in 3 contracts

Samples: Office Lease (ArcherDX, Inc.), Office Lease (ArcherDX, Inc.), Office Lease (Activecare, Inc.)

Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (aUS$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall deposit with Landlord have an obligation to reinstate the Security Deposit set forth at Section 2(h) above, used amount within five (5) business calendar days following notice of its use by the Landlord, unless such use is made upon termination of the full execution lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, as security for Tenant’s faithful performance of its obligations under this Lease. If Landlord will withhold from the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that any unpaid obligations of Tenant to Landlord under the total amount Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit held by Landlord shall at all times be equal within sixty (60) days, subject to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlordconditions provided above. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 3 contracts

Samples: Lease Agreement (Establishment Labs Holdings Inc.), Lease Agreement (Establishment Labs Holdings Inc.), Lease Agreement (Establishment Labs Holdings Inc.)

Security Deposit. (a) Tenant shall deposit hereby deposits with Landlord the Security Deposit set forth at Section 2(h) above, within five sum of $9,955.00 (5) business days of the full execution of this Leasehereinafter referred to as “Collateral”), as security for Tenant’s the prompt, full and faithful performance by Tenant of its obligations under this Lease. If the Base Rent shall increase during the initial term each and every provision of this Lease or during any extensions or renewals thereof, and of all obligations of Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Renthereunder. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of No interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be voidpaid to Tenant on the Collateral, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereofcommingle the Collateral with Landlord’s other funds. Within thirty (30) days after the Term (or any extension thereof) has expired or If Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on fails to perform any of its obligations hereunder, Landlord shall return may use, apply or retain the Security Deposit to whole or any part of the Collateral for the payment of (a) any rent or other sums of money which Tenant may not have paid when due, (b) any sum expended by Landlord on Tenant, or, if Tenant has assigned its interest under ’s behalf in accordance with the provisions of this Lease, and/or (c) any sum which Landlord may expend or be required to expend by reason of Tenant’s default, including, without limitation, any damage or deficiency in or from the reletting of the Premises as provided in Paragraph 21. The use, application or retention of the Collateral, or any portion thereof, by Landlord shall not prevent Landlord from exercising any other right or remedy provided by this Lease or by law (it being intended that Landlord shall not first be required to proceed against the Collateral) and shall not operate as a limitation on any recovery to which Landlord may otherwise be entitled. If any portion of the Collateral is used, applied or retained by Landlord for the purposes set forth above, Txxxxx agrees, within ten days after the written demand therefor is made by Landlord, to deposit cash with the Landlord in an amount sufficient to restore the Collateral to its original amount. If Tenant shall fully and faithfully comply with all of the provisions of this Lease, the Collateral, or any balance thereof, shall be returned to Tenant without interest after the expiration of the Term or upon any later date after which Txxxxx has vacated the Premises. In the absence of evidence satisfactory to Landlord of any permitted assignment of the right to receive the Collateral, or of the remaining balance thereof, Landlord may return the same to the last assignee original Tenant, regardless of one or more assignments of Tenant’s interest in this Lease or the Collateral. If In such event, upon the return of the Collateral, or the remaining balance thereof to the original Tenant, Landlord sells shall be completely relieved of liability under this Paragraph 24 or otherwise with respect to the Collateral. Tenant acknowledges that Lxxxxxxx has the right to transfer or mortgage its interest in the PremisesLand and the Building and in this Lease and Txxxxx agrees that in the event of any such transfer or mortgage, Landlord may deliver shall have the Security Deposit right to transfer or assign the Collateral to the purchaser transferee or mortgagee. Upon written acknowledgement of Landlordtransferee’s interest and thereupon or mortgagee’s receipt of such Collateral, Landlord shall thereby be relieved of any further released by Tenant from all liability or obligation with respect for the return of such Collateral and Tenant shall look solely to such transferee or mortgagee for the Security Depositreturn of the Collateral. The Collateral shall not be mortgaged, assigned or encumbered in any manner whatsoever by Tenant without the prior written consent of Landlord.

Appears in 3 contracts

Samples: Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp)

Security Deposit. (a) Tenant shall deposit has deposited with Landlord the Security Deposit set forth at sum specified in Section 2(h) above, within five (5) business days of the full execution of this Lease, 1(a)(12). Said deposit shall constitute advance rental and shall be held by Landlord as security for Tenant’s the faithful performance by Tenant of its obligations under this Lease. If all the Base Rent shall increase during the initial term terms, covenants and conditions of this Lease to be kept and performed by Tenant during the Lease Term. If, at any time during the Lease Term, any payment of Minimum Annual Rent or during Additional Rent herein reserved shall be overdue and unpaid, the Landlord may, at its option, appropriate and apply any extensions portion of said security deposit to the payment of any such overdue rent or renewals thereof, Tenant other sum. Landlord shall at have the time of such increase, deposit with Landlord funds as an additional Security Deposit so that unrestricted right (but not the total amount obligation) to apply any part of the Security Deposit held by Landlord shall at all times be equal to cure any Default (as described in Section 20 hereof). In the then current Base Rent. Landlord and Tenant agree that event of the Security Deposit may be commingled with funds failure of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect keep and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any other items, covenants and conditions of the terms hereofLease to be kept and performed by Tenant, Landlord then Landlord, at its option, may appropriate and apply the entire security deposit, or use all or any portion of the Security Deposit so much thereof as may be necessary, to compensate Landlord for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained or suffered by Landlord as a result due to such breach by Tenant. Should the entire security deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of Tenant’s default overdue rent, to cure any default, or breachother sums due and payable to Landlord by Tenant hereunder, and Landlord may so apply or use the Security Deposit without prejudice then Tenant shall remit to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shallLandlord, within ten (10) days after of the written demand thereforof Landlord, a sufficient amount in cash to restore the Security Deposit security deposit to the full amount previously deposited; original sum. Tenant’s 's failure to do so shall constitute an act a breach of default hereunder the Lease. Should Tenant comply with all of said terms, covenants and Landlord conditions of the Lease and promptly pay all Minimum Annual Rent and Additional Rent herein provided as it falls due, then the security deposit shall have the right be returned in full, without interest, to exercise any remedy provided for at Section 27 hereof. Within Tenant within thirty (30) days after of the Expiration Date or earlier termination of the Term (or of this Lease. Tenant shall have no right to direct the application of any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any part of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of TenantDeposit. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit funds deposited hereunder by Tenant to the purchaser of Landlord’s 's interest in the building and/or the Leased Premises in the event that such interest is sold, and thereupon Landlord shall be relieved of discharged from any further liability or obligation with respect to the Security Depositsuch security deposit.

Appears in 3 contracts

Samples: Office Lease (Ea Engineering Science & Technology Inc), Office Lease (Ea Engineering Science & Technology Inc), Office Lease (Ea Engineering Science & Technology Inc)

Security Deposit. (a) On the date of this Lease, Tenant shall deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution of this Lease, as security for the faithful performance by Tenant under this Lease. The Security Deposit shall be returned (without interest) to Tenant (or, at Landlord’s option, to the last assignee of Tenant’s faithful performance interest under this Lease) after the expiration of its obligations the Term or sooner termination of this Lease and delivery of possession of the Premises to Landlord in accordance with Paragraph 17 if, at such time, Tenant is not in default under this Lease. If the Base Rent shall increase during the initial term of Lxxxxxxx’s interest in this Lease is conveyed, transferred or during any extensions assigned, Landlord shall transfer or renewals thereof, Tenant shall at credit the time of such increase, deposit with Landlord funds as an additional Security Deposit so that to Landlord’s successor in interest, and Landlord shall be released from any liability for the total amount return of the Security Deposit held by Landlord shall at all times be equal to the then current Base RentDeposit. Landlord and Tenant agree that may comingle the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgageLandlord’s own funds, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) deemed to be a trustee of the Security Deposit. If Tenant fails to pay or perform in a timely manner any Rent obligation under this Lease, Landlord may, prior to, concurrently with or subsequent to, exercising any other amount when right or remedy, use, apply or retain all or any part of the Security Deposit for the payment of any monetary obligation due and payable under this Lease, or fails to perform compensate Landlord for any other expense, loss or damage which Landlord may incur by reason of Tenant’s failure, including any damage or deficiency in the reletting of the terms hereof, Landlord may appropriate and apply or use Premises. If all or any portion of the Security Deposit for Rent payments is so used, applied or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Depositretained, Tenant shall, within ten (10) days after written demand therefor, shall immediately deposit with Landlord cash in an amount sufficient to restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and original amount. Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return may withhold the Security Deposit to after the expiration of the Term or sooner termination of this Lease until Txxxxx has paid in full Tenant, or, if Tenant has assigned its interest ’s Share of Operating Expenses for the Operating Year in which such expiration or sooner termination occurs and all other amounts payable under this Lease. The Security Deposit is not a limitation on Landlord’s damages or other rights under this Lease, a payment of liquidated damages or prepaid rent and shall not be applied by Tenant to the rent for the last assignee (or any) month of the Term, or to any other amount due under this Lease. If this Lease is terminated due to any default of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver any portion of the Security Deposit remaining at the time of such termination shall immediately inure to the purchaser benefit of Landlord’s interest Landlord as partial compensation for the costs and thereupon expenses incurred by Landlord in connection with this Lease, and shall be relieved of in addition to any further liability or obligation with respect other damages to the Security Depositwhich Landlord is otherwise entitled.

Appears in 3 contracts

Samples: Lease Agreement (Fatpipe Inc/Ut), Lease Agreement (Fatpipe Inc/Ut), Lease Agreement (Fatpipe Inc/Ut)

Security Deposit. (a) Concurrently with Tenant’s delivery of this Lease, Tenant shall deposit with Landlord the sum, if any, stated in Item 9 of the Basic Lease Provisions, to be held by Landlord as security for the full and faithful performance of all of Tenant’s obligations under this Lease (the “Security Deposit”). Landlord shall not be required to keep this Security Deposit set forth at separate from its general funds, and Tenant shall not be entitled to interest on the Security Deposit. Subject to the last sentence of this Section, the Security Deposit shall be understood and agreed to be the property of Landlord upon Landlord’s receipt thereof, and may be utilized by Landlord in its sole and absolute discretion towards the payment of all expenses by Landlord for which Tenant would be required to reimburse Landlord under this Lease. Upon any Event of Default by Tenant (as defined in Section 2(h) above14.1), Landlord may, in its sole and absolute discretion, use or apply the whole or any part of the Security Deposit to pay any sum which Tenant is obligated to pay under this Lease including, but not limited to, sums that Landlord may reasonably expend or be required to expend by reason of the Event of Default by Tenant or any loss or damage that Landlord may suffer by reason of the Event of Default or costs incurred by Landlord in connection with the repair or restoration of the Premises pursuant to Section 15.3 of this Lease upon expiration or earlier termination of this Lease. In no event shall Landlord be obligated to apply the Security Deposit upon an Event of Default and Landlord’s rights and remedies resulting from an Event of Default, including without limitation, Tenant’s failure to pay Basic Rent, Tenant’s Share of Operating Expenses or any other amount due to Landlord pursuant to this Lease, shall not be diminished or altered in any respect due to the fact that Landlord is holding the Security Deposit. If any portion of the Security Deposit is applied by Landlord as permitted by this Section, Tenant shall within five (5) business days of after written demand by Landlord deposit cash with Landlord in an amount sufficient to restore the full execution of this Lease, as security for Tenant’s faithful performance of Security Deposit to its original amount. If Tenant fully performs its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If returned to Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or expiration of the Term, provided that Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, agrees that Landlord may deliver retain the Security Deposit to the purchaser of extent and until such time as all amounts due from Tenant in accordance with this Lease have been determined (which determination shall not be unreasonably withheld, conditioned or delayed) and paid in full and Tenant agrees that Tenant shall have no claim against Landlord for Landlord’s interest and thereupon be relieved of any further liability or obligation with respect retaining such Security Deposit to the extent provided in this Section. Provided that no Event of Default has theretofore occurred under any provision of this Lease, Tenant shall have the right to have the Security DepositDeposit reduced to the amount of One Hundred Twenty-Three Thousand One Hundred Eight Dollars ($123,108.00) by sending written request thereof to Landlord, which request shall be accompanied by Tenant’s audited Statements demonstrating two (2) immediately prior consecutive years of positive net income for Tenant. Following such written request to Landlord, Tenant shall be credited in the amount of the difference between the amount of the Security Deposit stated in Item 9 of the Basic Lease Provisions and the reduced amount of Security Deposit set forth above, against Basic Rent and Operating Expenses next coming due under this Lease.

Appears in 3 contracts

Samples: Sublease Agreement (Prometheus Biosciences, Inc.), Sublease Agreement (Prometheus Biosciences, Inc.), Lease (Prometheus Biosciences, Inc.)

Security Deposit. (a) Tenant shall Tenaxx xxxees to deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full 2.0 upon execution of this Lease, as security for Tenant’s faithful Tenaxx'x xaithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) . If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s 's default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s 's default or breach, and Landlord may so apply or use the Security Deposit this deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s 's default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously originally deposited; Tenant’s 's failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section Article 27 hereof. Within thirty fifteen (3015) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit this deposit to the purchaser of Landlord’s 's interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 3 contracts

Samples: Office Building Lease (Probusiness Services Inc), Lease Agreement (Probusiness Services Inc), Office Building Lease (Optimumcare Corp /De/)

Security Deposit. (a) Tenant shall deposit with has paid the sum of $ as a deposit, receipt of which is acknowledged by Landlord as the Security Deposit for this Tenancy and the first monthly installment of rent. [Note: Tenants 62 or over are limited by law to one (1) month’s security deposit plus first month’s rent, Tenants under age 62 are limited by law to two (2) months security deposit plus first month’s rent.]The deposit sums shall be refundable as permitted by law upon Tenant’s vacating the premises, leaving the premises in broom clean condition and returning the keys to the Landlord at the address designated in this Lease. Landlord shall hold Tenant’s Security Deposit in escrow as may be required by law. Under the law, Tenant may be entitled to interest on such security deposit. If such is the case, interest shall be paid to Tenant at the prescribed interest rate set forth at Section 2(h) above, within five (5) business days by law. If Tenant fails to make any payments of the full execution rent or defaults under any other obligations of this Lease, Landlord may use the security in payment of such rent or in payment of any sums Landlord may be forced to spend because of Tenant's default, as permitted by law. If Landlord does so use the security, then he shall notify Tenant in writing of the amount so used along with an itemized list detailing the nature and dollar amount of the damages. If at the end of the term of the Lease Tenant has made all payments of rent required and fully complied with all the other obligations under the Lease, then Landlord shall return the full amount of the security for to Tenant together with any interest that may be required by law within the time frame allowable by law: within 30 days after termination of the tenancy or within 15 days of Landlord receiving Tenant’s faithful performance written notice of its obligations under this LeaseTenant’s forwarding address, whichever is later. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant understands and agrees Tenant shall at not have the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount option to apply any part of the Security Deposit held by Landlord shall at all times be equal towards Tenant’s obligation to pay the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such depositlast month’s rent. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails is still obligated to pay any Rent or other amount when due and payable under this Lease, or fails the final month’s rental payment to perform any of Landlord at the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit address listed above for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of paying rent. (Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.Initials)

Appears in 3 contracts

Samples: Residential Lease Agreement, Residential Lease Agreement, Residential Lease Agreement

Security Deposit. (a) Tenant shall deposit with Landlord Section 9 of the Security Deposit set forth at Lease is hereby deleted and the following new Section 2(h) above, within five (5) business days of 9 inserted in lieu thereof: Promptly upon the full execution of this Lease, as security for Amendment (with delivery of a copy thereof to Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof), Tenant shall at deposit the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of required to increase the Security Deposit held under the Lease to $123,269.08, four months Base Rent for the Premises on the Expansion Commencement Date. Provided there is no default or event of default by Landlord shall at all times be equal to Tenant under the then current Base Rent. Landlord and Tenant agree that Lease, the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be voidreduced to (i) three months Base Rent on the first anniversary of the Expansion Commencement Date, without force or effect and shall (ii) one month Base Rent on the second anniversary of the Expansion Commencement Date. Landlord will not be binding upon Landlord. (b) If Tenant fails required to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments with respect to any particular violation or default by Tenant but Landlord may apply all or any other amount then due and unpaid, for payment portion (as reasonably required to effect a cure) of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy violation, breach, or default by Tenant hereunder. Landlord may have will be entitled to hold the Security Deposit in an account maintained by reason Landlord for such funds from all tenants of Tenant’s default or breachLandlord. If Landlord so uses any Any interest paid on such an account will become a part of the Security Deposit, accrue to the benefit of the Tenant shall(less any customary bank fees or charges for maintaining such account), within ten (10) days after written demand therefor, restore and be delivered to Tenant upon termination of this Lease provided that the Security Deposit and interest thereon have not been applied by Landlord to the full amount previously deposited; Tenant’s failure to do so shall constitute an act event of default hereunder. Tenant will reimburse Landlord for such portions of the Security Deposit as Landlord will from time to time apply with respect to any violation, breach, or default by Tenant hereunder and promptly upon written notice of such application by Landlord. Any portion of the Security Deposit which has not been appropriated by Landlord shall have in accordance with the right provisions hereof will be returned to exercise any remedy provided for at Section 27 hereof. Within Tenant within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any termination of its obligations hereunder, this Lease. If Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its conveys Landlord’s interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit, or any part thereof not previously applied, shall be released by Landlord to Landlord’s grantee (to the extent not applied to any default by Tenant hereunder), and if so released, Tenant agrees to look solely to such grantee for the proper application and return thereof in accordance with the Lease provided that Tenant receives written notice of such conveyance. Tenant agrees that Tenant will not assign, and that neither Landlord, nor its successors and assigns, will be bound by any such assignment, encumbrance or pledge, attempted assignment, attempted pledge, or attempted encumbrance of the Security Deposit. Any mortgagee or ground lessor will not be responsible to Tenant for the return or application of the Security Deposit, whether or not it succeeds to the position of Landlord hereunder, unless the security deposit will have been received in hand by such mortgagee or ground lessor. Any unperformed obligations of Landlord or Tenant under this Section will survive the termination of the Lease, for whatever reason, or any extension or renewal hereof.

Appears in 3 contracts

Samples: Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc)

Security Deposit. (a) Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution of this Lease, as security for Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by specified on [Page One], of this Lease. The Security Deposit will be returned to Tenant without interest upon the expiration of the Term of the Lease, provided that Xxxxxx has paid all amounts due under this Lease and has otherwise performed all obligations hereunder. In the event that Tenant defaults under any provision of this Lease, and after the expiration of any applicable cure period, Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that may apply all, or any part of the Security Deposit may be commingled with funds of to amounts owed by Tenant. In the event Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber elects to apply the Security Deposit without as provided for above, Tenant shall promptly restore such Security Deposit to the prior written consent of original amount. Landlord and may, at its discretion, commingle such funds with its other funds, Upon any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent sale or other amount when due and payable under this Lease, or fails to perform any conveyance of the terms hereofBuilding, Landlord may appropriate transfer the Security Deposit (or any amount of the Security Deposit remaining) to a successor/owner, and apply Xxxxxx agrees to look solely at the successor/owner for repayment of the same. Notwithstanding anything to the contrary in the paragraph above, in lieu of a cash Security Deposit, Tenant may deliver the Security Deposit in the form of an unconditional, clean, irrevocable standby letter of credit, in a form acceptable to Landlord, and issued by a bank reasonably acceptable to Landlord (the “Letter of Credit”) as security, provided the Letter of Credit shall be delivered to Landlord with executed copies of this Lease. The Letter of Credit shall (i) be unconditional, irrevocable, transferable, payable to Tenant upon presentment of original to the issuer in person or use by courier, in partial or full draws, and (ii) contain an “evergreen” provision which provides that it is automatically renewed on an annual basis (subject to the permitted date of termination set forth below) unless the issuer delivers thirty (30) days’ prior written notice of cancellation to Landlord and Tenant. Without limiting any of Landlord’s rights or remedies hereunder, if the bank issuing the Letter of Credit provides Landlord with a cancellation notice, Landlord may immediately draw upon all or any part of the Letter of Credit and Tenant shall provide Landlord with an additional irrevocable stand-by letter of credit as provided below. Any and all fees or costs charged by the issuer in connection with the Letter of Credit shall be paid by Xxxxxx. The irrevocable stand-by Letter of Credit shall remain effective through the date that is sixty (60) days following the expiration date this Lease. If Tenant defaults with respect to any provision of this Lease beyond applicable notice and cure periods, including but not limited to the provisions relating to the payment of Rent, Landlord may draw upon all or any part of Tenant’s Letter of Credit. If any portion of the Security Deposit for Rent payments is so used, applied, or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Depositretained, Tenant shall, will within ten (10) days after written demand thereforfrom Landlord, provide to Landlord an additional irrevocable, stand-by letter of credit, which shall be in form and substance satisfactory to Landlord, issued by a bank reasonably acceptable to Landlord, in an amount sufficient to restore the Security Deposit to the full its required amount previously deposited; pursuant to this Section 8. Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return replenish the Security Deposit shall constitute a failure to Tenant, or, if pay Additional Rent and Tenant has assigned its interest under this Lease, shall have ten (10) days from the date of notice to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Depositcure such default.

Appears in 3 contracts

Samples: Commercial Lease, Commercial Lease (Globoforce LTD), Commercial Lease (Globoforce LTD)

Security Deposit. (a) Tenant shall deposit has deposited or concurrently herewith is depositing with Landlord the Security Deposit sum set forth at Section 2(h) abovein Article 1.F. of the Basic Lease Provisions as security for the full and faithful performance of every provision of this Lease to be performed by Tenant. If Tenant breaches any provision of this Lease, including but not limited to the payment of rent, Landlord may use all or any part of this security deposit for the payment of any rent or any other sums in default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so used or applied, Tenant shall, within five (5) business days of the full execution of this Lease, as security for Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, deposit funds with Landlord in a form acceptable under Section 3(b) above and in an amount sufficient to restore the Security Deposit security deposit to its full amount. Tenant agrees that Landlord shall not be required to keep the security deposit in trust, segregate it or keep it separate from Landlord's general funds, but Landlord may commingle the security deposit with its general funds and Tenant shall not be entitled to interest on such deposit. At the expiration of the Term, and provided there exists no default by Tenant hereunder, the security deposit or any balance thereof shall be returned to Tenant (or, at Landlord's option, to Tenant's "Transferee", as such term is defined in Article 15 below), provided that subsequent to the full expiration of this Lease, Landlord may retain from said security deposit (i) an amount previously deposited; Tenant’s failure reasonably estimated by Landlord to do cover potential Direct Cost reconciliation payments due with respect to the calendar year in which this Lease terminates or expires (such amount so retained shall constitute an act not, in any event, exceed ten percent (10%) of default hereunder estimated Direct Cost payments due from Tenant for such calendar year through the date of expiration or earlier termination of this Lease and Landlord any amounts so retained and not applied to such reconciliation shall have the right be returned to exercise any remedy provided for at Section 27 hereof. Within Tenant within thirty (30) days after Landlord's delivery of the Term Statement for such calendar year), (or ii) any extension thereof) has expired or and all amounts reasonably estimated by Landlord to cover the anticipated costs to be incurred by Landlord to remove any signage provided to Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to remove cabling and other items required to be removed by Tenant under Section 29(b) below and to repair any damage caused by such removal (in which case any excess amount so retained by Landlord shall be returned to Tenant within thirty (30) days after such removal and repair), and (iii) any and all amounts permitted by law or this Article 4. Tenant hereby waives the last assignee provisions of Tenant. If Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which provide that Landlord sells its interest may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may deliver the Security Deposit to the purchaser may, in addition, claim those sums specified in this Article 4 above, and all of Landlord’s interest 's damages under this Lease and thereupon be relieved California law including, but not limited to, any damages accruing upon termination of this Lease under Section 1951.2 of the California Civil Code and/or those sums reasonably necessary to compensate Landlord for any further liability other loss or obligation with respect to damage, foreseeable or unforeseeable, caused by the Security Depositacts or omissions of Tenant or any officer, employee, agent, contractor or invitee of Tenant.

Appears in 3 contracts

Samples: Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.)

Security Deposit. (a) Tenant shall deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full Upon execution of this Lease, Tenant agrees to deposit with Landlord a Security Deposit in the amount set forth in Section 2.18 as security for Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) . If Tenant fails to timely pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may, following the expiration of any applicable cure and grace periods at its option and without prejudice to any other remedy which Landlord may have, appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord .Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously originally deposited; . Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at in Section 27 19 hereof. If Tenant materially defaults under this Lease more than two (2) times during any calendar year, irrespective of whether such default is cured, then, without limiting Landlord’s other rights and remedies, Landlord may, in Landlord’s sole discretion, modify the amount of the required Security Deposit. Within thirty ten (3010) days after Notice of such modification, Tenant shall submit to Landlord the Term required additional sums, provided however, that in no event shall the Security Deposit exceed the aggregate of six (or any extension thereof6) has expired or Tenant has vacated months of the Premises, whichever then existing Base Rent. Tenant’s failure to do so shall last occurconstitute an act of default, and Landlord shall have the right to exercise any remedy provided for in Section 19 hereof. If Tenant complies with all of the terms and conditions of this Lease, and Tenant is not then in default on any of its obligations hereunder, then within thirty (30) days after Tenant vacates the Premises, Landlord shall return the Security Deposit to Tenant, Tenant (or, if Tenant has assigned its interest under this Leaseat Landlord’s option, to the last subtenant or assignee of Tenant. If Landlord sells its ’s interest in the Premises, Landlord may deliver hereunder) the Security Deposit less any expenditures made by Landlord to repair damages to the purchaser Premises caused by Tenant and to clean the Premises upon expiration or earlier termination of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Depositthis Lease.

Appears in 3 contracts

Samples: Sublease Agreement (Aegerion Pharmaceuticals, Inc.), Sublease Agreement (Aegerion Pharmaceuticals, Inc.), Sublease Agreement (Aegerion Pharmaceuticals, Inc.)

Security Deposit. (a) The Tenant deposits the sum of $ receipt of which is hereby acknowledged; which shall be deposited by Owner/Agent in a trust account with HomeStreet Bank, whose address is the Federal Way Branch. The security/damage deposit may be applied to secure the terms of this Rental Agreement, including, but not limited to, unpaid rent and utilities, non-refundable fees, legal services and to repair any physical damage to the premises or property in accordance with Item 11b of this lease. Refund of deposit is conditioned as follows: a. Tenant shall deposit with fully perform obligations here under and those pursuant to the Residential Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days Tenant Act of the State of Washington (RCW 59.18). b. Tenant shall remain for the full execution of this Lease, as security for Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereofthe agreement. c. Tenant shall, Tenant shall at the time upon vacating of such increaseresidence, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal clean and restore said residence to the then current Base Rent. Landlord its original condition except for reasonable wear and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so tear. d. All keys shall be void, without force or effect returned to Owner/Agent upon vacating of premises and the property shall not be binding upon Landlordconsidered vacated until return of all keys and garage door remotes. The Charges for items not returned: Keys $15.00 each. Garage door remote $50.00. (b) If e. Tenant fails shall have carpets professionally cleaned at tenant’s expense upon vacating premises. Carpet cleaners must be approved by Owner/Agent and receipt for same shall be provided to pay any Rent or other amount when Owner/Agent with return of keys. f. Tenant shall cause no liens to be placed upon the property. g. Tenants shall have all interior windows and blinds professionally cleaned at tenants’ expense upon vacating premises. Tenants shall provide Owner/Agent receipt for same with return of keys. h. It is understood by Tenant that the security deposit shall NOT be applied towards last month’s rental payment and that the last month’s rent shall be due and payable under this Leaseon the first day of that month. i. Tenant agrees that the security deposit may be mailed to the Coldwell Banker Commercial Xxxxxxxx office in Federal Way, or fails to perform any WA and will be deposited by the end of the terms hereofnext banking day when received, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) but in no event will it be deposited more than 7 business days after written demand thereforreceipt from Property Manager. j. Refund of security deposits, restore the Security Deposit if any, will be made payable to the full amount previously deposited; Tenant’s failure to do so shall constitute an act name(s) of default hereunder and Landlord shall have tenant(s) on the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Depositcurrent lease.

Appears in 3 contracts

Samples: Residential Rental Agreement, Residential Rental Agreement, Residential Rental Agreement

Security Deposit. (a) a. The balance of any security deposit currently held by the New York City Housing Authority for the Tenant shall be transferred to the Owner. Tenant shall not be required to pay any additional security for the Leased Premises under this Lease. b. If required by law, the amount held as the security deposit with Landlord will be held in an account bearing interest at the Security Deposit set forth at Section 2(h) abovebanking institution’s prevailing rate. An annual payment of accrued interest will be made by the banking institution to the Tenant, within five (5) business days less 1% interest of the full execution security on deposit, to be tendered by the banking institution to Owner. Owner may use or apply all or any part of the deposit as may be required to pay for damage to the apartment during the term of this Lease, as security for . If Xxxxxx carries out all of Tenant’s faithful performance of its obligations under this Lease, and if the apartment is returned to Owner at the expiration of the lease term in the same condition as when rented by Tenant, ordinary wear and tear excepted, Xxxxxx’s security deposit will be returned in full to Tenant, with accrued interest thereon, within 30 days of Tenant vacating. If this Lease is renewed, and the Base Rent shall increase during amount of security deposit Owner is permitted to retain is increased above the initial term amount deposited upon the commencement of this Lease lease term, then Tenant shall, upon such lease renewal, pay to the order of Owner such additional sum. If Owner sells or during any extensions leases the building, Owner may remit the security deposit, as provided by law, to Tenant or renewals thereofto the new Owner or Lessee, Tenant shall at Owner’s election. If Owner remits the time of such increasesecurity deposit to the new Owner or Xxxxxx, deposit with Landlord funds as an additional Security Deposit so that Xxxxxx agrees to seek the total amount return of the Security Deposit held by Landlord shall at all times be equal security deposit from the new Owner or Lessee, and releases Owner from any claim to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such security deposit. Tenant shall not mortgage, assign, transfer or encumber use the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails security on deposit to pay any Rent or other amount when due and payable under this Lease, or fails to perform any the last month’s rent of the terms hereofLease term. Owner may use the security deposit in full or in part if necessary to pay for unpaid rent, Landlord may appropriate and apply damage, loss, fees or use all or any portion expenses due to re-renting arising out of the Security Deposit for Rent payments ease or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension breach thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 3 contracts

Samples: Residential Apartment Lease, Residential Apartment Lease, Residential Apartment Lease

Security Deposit. (a) Tenant shall deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full Upon execution of this Lease, Tenant shall provide the following amount to Landlord, to be held as a security deposit for the reasonable cleaning or repair of damages to the Property upon the expiration or termination of this lease or in case of default by Tenant’s faithful performance : $________ (________ dollars). The security deposit shall not be in excess of its obligations under this Leasetwo months' Rent, unless the Rent exceeds $2,000 per month. If The security deposit will be held at the Base Rent shall increase during following financial institution: ________________________________ Tenant hereby agrees to be liable to Landlord at the initial term expiration or termination of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at for all times be equal damages to the then current Base Property, except ordinary wear and tear. Landlord may hold the security deposit in a non-interest-bearing account. In such case, no interest is due to Tenant and Tenant may not use the security deposit to cover Rent. Landlord may otherwise elect to hold security deposit in an interest-bearing account and allow Tenant agree that to receive certain interest funds, if applicable. Tenant shall still not be permitted to use the Security Deposit may security deposit to cover any Rent. In case of sale or assignation of the Lease by Landlord, Tenant's security deposit shall be commingled with funds of Landlord transferred to the new owner or assignee and Landlord shall have no obligation or be released from liability to Tenant for payment return of interest on such the security deposit. Tenant shall Deductions from the security deposit may be made for the following reasons (this list constitutes examples only and is not mortgageintended to be exhaustive): unpaid rent or utilities, assignlate fees, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be voidcleaning, without force or effect and shall not be binding upon Landlord. (b) key replacement, removing abandoned property, and/or attorneys' fees for proceedings against Tenant. If Tenant fails has provided proper notice to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of terminate the terms hereoftenancy, Landlord may appropriate and apply or use all or any portion of shall have 14 (fourteen) days in which to return the Security Deposit for Rent payments or any other amount then due and unpaidsecurity deposit. Otherwise, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may shall have by reason of Tenant’s default or breach30 (thirty) days. If Landlord so uses any of requires deductions which exceed the Security Depositsecurity deposit, Tenant shall, agrees to pay Landlord any overage amount within ten (10) days after receiving a written demand thereforfrom Landlord. Landlord will first apply the security deposit to any non-rent obligations, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (such as damages, utilities, or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occurlate fees, and provided Tenant is not will then in default on apply the security deposit to any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Depositunpaid rent.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Security Deposit. (a) Section 35.1. Tenant shall deposit has deposited with Landlord on the signing of this Lease the Security Deposit set forth at either by cash or by Letter of Credit (as defined and further described in Section 2(h) above, within five (5) business days of the full execution of this Lease35.2), as security for Tenant’s the faithful performance and observance by Tenant of the terms, provisions and conditions of this Lease. Tenant agrees that in the event (i) of the occurrence of an Event of Default or (ii) Tenant has defaulted in the performance of any of its obligations under this Lease, including the payment of any item of Rental, and the transmittal of a Notice of default by Landlord is barred by applicable law, Landlord may draw the applicable portion of the cash Security Deposit or the entire amount of the Letter of Credit and use, apply or retain the whole or any part of such proceeds, to the extent required for the payment of any Fixed Rent, Escalation Rent, or any other sum as to which Tenant is in default, or for any sum that Landlord may expend or may be required to expend by reason of the default (including any damages or deficiency accrued before or after summary proceedings or other re-entry by Landlord). If Landlord applies or retains any portion or all of the Base Rent shall increase during proceeds of the initial term of this Lease or during any extensions or renewals thereofSecurity Deposit, Tenant shall at forthwith restore the time of such increase, deposit with Landlord funds as amount so applied or retained by delivering additional cash or an additional or new Letter of Credit so that, at all times, the amount of the Security Deposit so that shall be the total amount set forth on the Reference Page. Provided there is no uncured default upon the expiration or sooner termination of this Lease, any balance of the Security Deposit held by Landlord and not used, applied or retained by Landlord as above provided, and any remaining Letter of Credit, shall at all times be equal returned to Tenant within 30 days after the then current Base RentFixed Expiration Date and after delivery of possession of the entire Premises to Landlord in accordance with the terms of this Lease. Landlord and If Tenant agree that the delivered a cash Security Deposit may upon execution hereof, Tenant may, at any time during the Term, substitute same with a Letter of Credit. Section 35.2. Any Letter of Credit delivered by Tenant shall be commingled with funds a clean, irrevocable and unconditional letter of credit (such letter of credit, and any replacement thereof as provided herein, is called a “Letter of Credit”) issued and drawn upon any commercial bank reasonably approved by Landlord (“Issuing Bank”), which Letter of Credit shall have a term of not less than one year, be in form and content satisfactory to Landlord, be for the account of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber be in the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments set forth in the Reference Page. Any Issuing Bank that has a combined capital, surplus and undivided profits of at least $500 million and a financial strength rating of at least “A” and a long-term debt rating of at least “Aa”, as published by Xxxxx’x Investors Services, Inc., or its successor (collectively, the “Issuing Bank Criteria”) is deemed approved. If at any other time during the Term, the Issuing Bank does not maintain the Issuing Bank Criteria, then Landlord may so notify Tenant and, unless Tenant delivers a replacement Letter of Credit from another bank meeting the Issuing Bank Criteria within 30 days after receipt of such notice, Landlord may draw the full amount then due of the Letter of Credit and unpaidhold the proceeds as a cash security deposit in accordance with all Laws. The Letter of Credit shall provide that: (A) The Issuing Bank shall pay to Landlord or its duly authorized representative an amount up to the face amount of the Letter of Credit upon presentation of the Letter of Credit and a sight draft in the amount to be drawn; (B) The Letter of Credit shall be deemed to be automatically renewed, without amendment, for payment consecutive periods of any amount for which one year each during the Term, unless the Issuing Bank sends written notice (the “Non-Renewal Notice”) to Landlord has become obligated as a result by certified or registered mail, return receipt requested, at least thirty (30) days prior to the expiration date of Tenant’s default or breachthe Letter of Credit, and for any loss or damage sustained to the effect that it elects not to have such Letter of Credit renewed; (C) The Letter of Credit delivered in respect of the last year of the Term shall have an expiration date of not earlier than sixty (60) days after the Fixed Expiration Date; and (D) The Letter of Credit shall be transferable by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breachprovided in Section 35.4. Section 35.3. If Landlord so uses any receives a Non-Renewal Notice and Tenant fails to deliver a replacement Letter of the Security Deposit, Tenant shall, Credit within ten (10) days after written demand thereforthereafter, restore Landlord shall have the right to draw the entire amount of the Letter of Credit and to hold the proceeds as a cash Security Deposit. Landlord shall release such proceeds to Tenant upon delivery to Landlord of a replacement Letter of Credit complying with the terms hereof. Section 35.4. In the event of the sale or lease of the Building or the Real Property, Landlord shall have the right to transfer the Security Deposit on notice to Tenant, without charge for such transfer, to the purchaser or lessee, and Landlord shall thereupon be released by Tenant from all liability for the return of such Security Deposit. In such event, Tenant agrees to look solely to the new Landlord for the return of said Security Deposit. It is agreed that the provisions hereof shall apply to every transfer or assignment made of the Security Deposit to a new Landlord. Tenant shall execute such documents as may be necessary to accomplish such transfer or assignment of the full amount previously deposited; Letter of Credit. Section 35.5. Tenant covenants that it will not assign or encumber, or attempt to assign or encumber, the Security Deposit held hereunder, and that neither Landlord nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment, or attempted encumbrance. In the event that any bankruptcy, insolvency, reorganization or other debtor-creditor proceedings shall be instituted by or against Tenant, its successors or assigns, or any guarantor of Tenant hereunder, the security shall be deemed to be applied to the payment of the Fixed Rent and Additional Rent due Landlord for periods prior to the institution of such proceedings and the balance, if any, may be retained by Landlord in partial satisfaction of Landlord’s damages. Section 35.6. (A) Tenant has delivered a cash security deposit of $300,000 to CT under the Sublease (the “CT Security”). Pursuant to the Consent, on or before the first day of November in each of 2010, 2011, 2012 and 2013, CT shall deliver a portion of the CT Security equal to $75,000 to Landlord, which amounts shall be included in the Security Deposit and shall be held and disbursed by Landlord in accordance with this Article 35. If (i) Tenant defaults under the Sublease, (ii) CT uses the CT Security on account of such default and (iii) CT does not deliver the applicable portion of the CT Security to Landlord due to Tenant’s failure to replenish the CT Security in accordance with the Sublease, such failure by Tenant shall constitute a default under this Lease. Upon the Commencement Date, if Landlord has not received the entire $300,000 CT Security due to Tenant’s default under the Sublease, Tenant shall be obligated to deliver to Landlord any deficiency and Tenant’s failure to do so shall constitute an act of a default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 2 contracts

Samples: Lease Agreement (Everyday Health, Inc.), Lease Agreement (Everyday Health, Inc.)

Security Deposit. (a) A. Tenant shall agrees to deposit with Landlord on the Security Deposit set forth at Section 2(h) abovedate hereof an initial amount equal to $358,010.25 (the SECURITY DEPOSIT), within five (5) business days of the full execution of this Lease, which shall be held by Landlord as security for Tenant’s faithful the performance of its Tenant's obligations under this Lease, it being expressly understood and agreed that this deposit is not an advance rental deposit or a measure of Landlord's damages in case of Tenant's default. If the Base Rent shall increase during the initial term Upon each occurrence of this Lease an EVENT OF DEFAULT BY TENANT, Landlord may use all or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount part of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any past cue Rent or other amount when payments due and payable Landlord under this Lease, or fails to perform any and the cost of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaiddamage, for payment injury, expense or liability caused by such event of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have provided herein or provided by reason of Tenant’s default or breachlaw. If Landlord so uses any of the Security DepositOn demand, Tenant shall, within ten (10) days after written demand therefor, restore shall pay Landlord the amount that will RESTORE the Security Deposit to the full amount previously deposited; required on the immediately preceding anniversary of the Rent Commencement Date. The Security Deposit shall be deemed the property of Landlord, but any remaining balance of such deposit shall be returned by Landlord to Tenant when Tenant’s failure to do so shall constitute an act 's obligations under this Lease have been fulfilled and this Lease terminated. Notwithstanding the above, on each anniversary of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occurRent Commencement Date, and provided that Tenant is not then in default under this Lease and no event has occurred that, if uncured with the passage of time, would result in an event of default, the Security Deposit will be reduced by ten percent (10%) and Landlord will remit to Tenant within fifteen (15) days after such anniversary date (the REDUCTION PAYMENT DATE) an amount equal to such ten percent (10%) reduction. B. Landlord agrees to place the Security Deposit in a Certificate of Deposit in Landlord's name (the CD) with Nations Bank, Dallas, N.A. (branch to be designated by Landlord). The initial CD shall have a maturity date of not later than the first anniversary of the Rent Commencement Date and shall thereafter be renewed for one (1) year terms throughout the Lease Term. All interest accruing from year-to-year on such CD shall be for the benefit of Tenant and shall be paid to Tenant by Landlord on the Reduction Payment Date unless during any one year period beginning and ending on each anniversary of its obligations hereunderthe Rent Commencement Date (except that the first one year period shall be deemed to begin on the Commencement Date and end on the first anniversary of the Rent Commencement Date) there has occurred an event of default by Tenant under this Lease and Landlord has utilized the Security Deposit, thereby cashing or drawing down upon the CD, to cure Tenant's default or to recover Landlord's damages as set forth in subparagraph A above. If during the Lease Term there occurs an event of default due to which Landlord cashes in or draws down upon the CD, Landlord shall return thereafter be relieved and released from any obligation to maintain the Security Deposit in a certificate of deposit or to Tenantotherwise account to Tenant for any interest on the Security Deposit. Instead, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to will be thereafter held by Landlord, without obligation for interest, in such account or accounts as Landlord, in its sole discretion, may elect, including commingling the purchaser Security Deposit with other funds of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit. TENANT HEREBY RELEASES AND AGREES TO HOLD LANDLORD HARMLESS FROM ANY LIABILITY, DAMAGES OR LOSSES SUFFERED OR INCURRED BY TENANT AS A RESULT OF ANY "FAILURE" OF THE INSTITUTION HOLDING THE SECURITY DEPOSIT (IN THE FORM OF A CD OR CASH).

Appears in 2 contracts

Samples: Commercial Lease Agreement (Mannatech Inc), Commercial Lease Agreement (Mannatech Inc)

Security Deposit. Subtenant shall deliver to Sublandlord a clean, irrevocable letter of credit (athe “Letter of Credit”) Tenant shall deposit with Landlord established in Sublandlord’s (and its successors’ and assigns’) favor in the Security Deposit amount of $588,666.00, subject to reduction as set forth at Section 2(h) aboveherein, within five (5) business days issued by a federally insured banking or lending institution reasonably acceptable to Sublandlord and in other form and substance reasonably acceptable to Sublandlord. 35.1 The Letter of Credit shall specifically provide for partial draws, shall be extended annually, without amendment, for additional one-year periods, shall have a term that commences on the full execution Commencement Date and expires on the Expiration Date, and shall by its terms be transferable by the beneficiary thereunder. 35.2 If Subtenant fails to make any payment of rent or other charges due to Sublandlord under the terms of this LeaseSublease, as security or otherwise Defaults hereunder, Sublandlord, at Sublandlord’s option, may make a demand for Tenant’s faithful performance payment under the Letter of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as Credit in an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the amounts then current Base Rent. Landlord due and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant owing to do so shall be void, without force or effect and shall not be binding upon LandlordSublandlord under this Sublease. (b) If Tenant fails 35.3 In the event that Sublandlord draws upon the Letter of Credit, Subtenant shall present to pay any Rent or other Sublandlord a replacement Letter of Credit in the full Letter of Credit amount when due and payable under this Lease, or fails to perform any satisfying all of the terms hereof, Landlord may appropriate and apply or use all or any portion conditions of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, this article within ten (10) business days after written demand therefor, restore the Security Deposit to the full amount previously deposited; Tenantreceipt of notice from Sublandlord of such draw. Subtenant’s failure to do so shall within such 10-business-day period will constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occura Default hereunder, and provided Tenant upon such Default, Sublandlord shall be entitled to immediately exercise all rights and remedies available to it hereunder, at law or in equity. 35.4 Provided Subtenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest Default under this LeaseSublease, to the last assignee balance of Tenant. If Landlord sells its interest in the PremisesLetter of Credit shall reduce during the Term of this Sublease as follows: Period Letter of Credit Amount Rent Year 2 $ 490,555.00 Rent Year 3 $ 392,444.00 Rent Year 4 $ 294,333.00 From the commencement of Rent Year 5 through January 31, Landlord may deliver 2027 $ 196,222.00 For purposes hereof, “Rent Year” shall mean a period of twelve (12) consecutive months commencing on the Security Deposit to Rent Commencement Date, and each successive twelve (12) month period thereafter; provided, however, that if the purchaser Rent Commencement Date is not the first day of Landlord’s interest and thereupon be relieved a month, then the second Rent Year shall commence on the first day of any further liability or obligation with respect to the Security Depositmonth immediately following the first anniversary of the Rent Commencement Date.

Appears in 2 contracts

Samples: Sublease Agreement (Decibel Therapeutics, Inc.), Sublease Agreement (Decibel Therapeutics, Inc.)

Security Deposit. (a) Tenant shall deposit with Landlord 32.1 Upon the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution of this Lease, as security for Lease by Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at deliver to Landlord a letter of credit (the time “Letter of such increase, deposit with Credit”) issued in favor of Landlord funds as an additional Security Deposit so that in the total amount of the Security Deposit held Amount, as security for the faithful performance and observance by Tenant of the terms, conditions and provisions of this Lease and all monetary and non-monetary obligations of Tenant hereunder, including without limitation the surrender of possession of the Premises to Landlord as herein provided. In the event Tenant defaults in respect of any of the terms of this Lease including, but not limited to, the payment of Rent and additional rent after notice and the expiration of any applicable cure period, Landlord may draw upon Letter of Credit to the extent required for the payment of any sum as to which Tenant is in default or for any sum which Landlord may have expended or may be required to expend by reason of Tenant’s default, including any damages or deficiency accrued before or after summary proceedings or other re-entry by Landlord. In addition, Landlord may draw upon Letter of Credit to the extent required to compensate Landlord for the actual costs incurred by Landlord in leasing the Premises, including, without limitation, the unamortized portion of all of the Landlord’s Work performed and the unamortized portion of Tenant’s free rent period, if any. In the event Landlord draws upon the Letter of Credit and applies or retains any portion or all of the sum received upon such draw, Tenant shall forthwith take such action as is necessary to restore the face amount of the Letter of Credit, so that at all times the amount of the Letter of Credit shall be equal to the Security Deposit Amount. 32.2 The Letter of Credit shall be an irrevocable, unconditional letter of credit with an initial term of not less than one (1) year from the date of this Lease. Without further act or instrument required by Landlord, the Letter of Credit shall be automatically renewed for successive one (1) year periods throughout the remainder of the Term unless, not less than sixty (60) days prior to the then current Base Rentexpiration date of the Letter of Credit the issuing bank notifies Landlord of its intention not to renew the Letter of Credit. The Letter of Credit (or any renewal, extension or replacement thereof) shall continue in full force and effect and shall be maintained in its full face amount for three (3) full calendar months beyond the expiration of the Term of this Lease. The Letter of Credit shall (i) be negotiable and freely transferable in connection with a sale or transfer by Landlord and Tenant agree that as hereinafter described; (ii) be issued by Bank of America, Xxxxxxx Xxxxx, or other New York City banking institution reasonably acceptable to Landlord which is a member of the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability New York Clearing House Association; (iii) provide for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other face amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore Letter of Credit to Landlord upon the Security Deposit receipt by the issuing bank of a statement signed by a representative of Landlord that Landlord is entitled to such amount pursuant to the full amount previously depositedterms of this Lease; and (iv) be otherwise in form and substance reasonably satisfactory to Landlord. Landlord’s receipt of notice from the issuing bank of its intention not to renew the Letter of Credit or Tenant’s failure to do so deliver a renewal or replacement Letter of Credit shall entitle Landlord at any time thereafter to draw the full face amount of the Letter of Credit and retain such sum as security hereunder in lieu of the Letter of Credit. Tenant’s failure to maintain the Letter of Credit or to substitute a cash security deposit as a replacement therefor shall constitute an act a default under this Lease. 32.3 If Tenant shall fully and faithfully comply with all of the terms, provisions and covenants of this Lease, the Letter of Credit shall be returned to Tenant after the Expiration Date or sooner termination of this Lease (other than a termination that results from Tenant’s default hereunder and hereunder). In the event of a sale of the Building or leasing of the Building or a portion of which the Premises form a part, Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after transfer the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any Letter of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, Credit to the last assignee vendee or lessee. Landlord upon such transfer shall be released by Tenant from all liability for the return of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit such security and Tenant agrees to look solely to the purchaser new landlord for the return of Landlord’s interest and thereupon be relieved said security. It is agreed that the provisions hereof shall apply to every transfer or assignment made of any further liability or obligation with respect the security to the Security Deposita new landlord.

Appears in 2 contracts

Samples: Lease Agreement (Panacea Acquisition Corp), Lease Agreement (Panacea Acquisition Corp)

Security Deposit. (a) Tenant shall deposit Simultaneously with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution and delivery of this Lease, Tenant shall deliver to Landlord a security deposit (the “Security Deposit”), which Security Deposit shall be in the Security Deposit Amount (as defined in Section 1.2) and shall consist of cash. During the Term hereof, and any extensions thereof, and for 60 days after the expiration of the Term, or for so long thereafter as Tenant is in possession of the Premises or has unsatisfied obligations hereunder to Landlord, the Security Deposit shall be security for the full and timely performance of Tenant’s faithful performance of its obligations under this Lease; which cash may be used and applied from time to time against outstanding obligations of Tenant hereunder without notice or demand, subject to applicable notice and cure periods. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with have no right to require Landlord funds as an additional Security Deposit to so that the total amount of apply the Security Deposit held by Landlord Deposit, nor shall at all times Tenant be equal entitled to credit the then current Base Rentsame against Rent or other sums payable hereunder; no interest shall accrue thereon. No trust relationship is created herein between Landlord and Tenant agree with respect to said Security Deposit. Tenant acknowledges that the Security Deposit may be commingled with funds is not an advance payment of Landlord and any kind or a measure of Landlord’s damages in the event of Tenant’s default; Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber be obliged to keep the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force as a separate fund or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord interest thereon but may appropriate and apply or use all or any portion of commingle the Security Deposit for Rent payments or any other amount then due and unpaid, for payment with its own funds. Tenant hereby waives the provisions of any amount for law which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the is inconsistent with this Section 17.15. The Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any shall be reduced during the Lease Term commencing on the third anniversary of the Security Deposit, month Tenant shall, within ten (10) days after written demand therefor, restore commences paying Rent in accordance with the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act provisions under Section 1.2 of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 2 contracts

Samples: Office Lease Agreement (Mannkind Corp), Office Lease Agreement (Valeritas Holdings Inc.)

Security Deposit. (a) Tenant shall be required to deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full upon execution of this LeaseLease the security deposit as set forth in Article I, Section 8 as security for Tenant’s faithful performance of its obligations under this Lease. If Notwithstanding the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereofforegoing, Tenant shall at may, by written notice to Landlord, request a deferment of Tenant’s obligation to pay the time of such increasesecurity deposit as aforesaid, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for may elect to defer such payment of interest on in Landlord’s sole and absolute discretion. If Landlord defers such depositrequirement, Tenant shall, within two (2) business days after Landlord’s request therefor, pay the security deposit set forth in Article I, Section 8 to Landlord. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent rent, or other amount when due and payable otherwise defaults under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and use, apply or use retain all or any portion of said security deposit for the payment of any amount already due Landlord, for rent which will be due in the future, and/ or to reimburse or compensate Landlord for any liability, expense, loss or damage which Landlord may suffer or incur by reason thereof. If Landlord uses or applies all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Depositsecurity deposit, Tenant shall, shall within ten (10) days after written demand therefor, request therefor deposit monies with Landlord sufficient to restore the Security Deposit said security deposit to the full amount previously deposited; Tenant’s failure required by this Lease. If the Basic Rent increases during the Term of this Lease, Tenant shall, upon written request from Landlord, deposit additional monies with Landlord so that the total amount of the security deposit shall at all times bear the same proportion to do so shall constitute an act the increased Basic Rent as the initial security deposit bore to the initial Basic Rent. Should the agreed use be amended to accommodate a material change in the business of default hereunder and Tenant or to accommodate a subtenant or assignee, Landlord shall have the right to exercise increase the security deposit to the extent necessary, in Landlord’s reasonable judgment, to account for any remedy provided for increased wear and tear that the premises may suffer as a result thereof. If a change in control of Tenant occurs during this Lease and following such change the financial condition of Tenant is, in Landlord’s reasonable judgment, significantly reduced, Tenant shall deposit such additional monies with Landlord as shall be sufficient to cause the security deposit to be at Section 27 hereofa commercially reasonable level based on such change in financial condition. Landlord shall not be required to keep the security deposit separate from its general accounts. Within thirty ninety (3090) days after the Term (expiration or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any termination of its obligations hereunderthis Lease, Landlord shall return that portion of the Security Deposit security deposit not used or applied by Landlord. Landlord shall upon written request provide Tenant with an accounting showing how that portion of the security deposit that was not returned was applied. No part of the security deposit shall be considered to be held in trust, to bear interest or to be prepayment for any monies to be paid by Tenant under this Lease. a California limited liability company a California corporation By: /s/ Xxxxxxx Xxxxx By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxxx Name: Xxxxxxx Xxxx Title (Print): Authorized Signatory Title (Print): Sole Officer, Director and Authorized Signatory LOTS 15 TO 20 INCLUSVIE IN BLOCK “A’ OF THE SUBDIVISION OF BLOCKS “A” AND “E” OF THE ESTELi.A TRACT, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 55, PAGE 54 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. The following are Tenant’s insurance requirements. Tenant agrees to present evidence to Landlord that it has fully complied with the insurance requirements. 1. Tenant shall, at its sole cost and expense, commencing on the Commencement Date and continuing during the entire Term, obtain and keep in full force and effect: (i) a combination of commercial general liability and umbrella liability insurance with respect to the Premises and the operations of or on behalf of Tenant in, on or about the Premises, including but not limited to personal injury, owned and non-owned automobile, blanket contractual, independent contractors, broad form property damage, fire legal liability, products liability (if a product is sold from the Premises), and cross liability and severability of interest clauses, which policy(ies) shall be written on a “per occurrence” basis and for not less than $5,000,000 combined single limit (with a $50,000 minimum limit on fire legal liability) per occurrence for bodily injury, death, and property damage liability, or the current limit of liability carried by Tenant, orwhichever is greater, provided that such liability limit may be subject to increase in an amount reasonably requested by Landlord if and when Tenant has assigned its interest renews the Term of this Lease; (ii) workers’ compensation insurance coverage as required by Applicable Law, together with employers’ liability insurance coverage for not less than limits of $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee; (iii) with respect to improvements, alterations, and the like required or permitted to be made by Tenant under this Lease, builder’s all-risk insurance, in amounts reasonably satisfactory to Landlord; (iv) insurance against fire, vandalism, malicious mischief and such other additional perils as may be included in a standard “all risk” form, insuring the last assignee leasehold improvements, trade fixtures, furnishings, equipment and items of Tenant. If Landlord sells its interest personal property in the Premises, in an amount equal to not less than ninety percent (90%) of their actual replacement cost (with replacement cost endorsement); and (v) Property insurance, subject to standard exclusions (but specifically including earthquake coverage), covering the full replacement value of the Premises, and such other risks as Landlord or its mortgagees may deliver from time to time reasonably deem appropriate with commercially reasonable deductible amounts. In no event shall the Security Deposit limits of any policy be considered as limiting the liability of Tenant under this Lease. 2. All policies of insurance required to be carried by Tenant pursuant to this Exhibit shall be written by responsible insurance companies authorized to do business in the State of California and with a general policyholder rating of not less than “A-,VIII” in the most current Best’s Insurance Report. Any insurance required of Tenant may be furnished by Tenant under any blanket policy carried by it or under a separate policy. A certificate of insurance or policy information form, certifying that the policy has been issued, provides the coverage required by this Exhibit and contains the required provisions, and the additional insured provisions required under Section 3 below, shall be delivered by Tenant to Landlord prior to the purchaser date Tenant is given the right of Landlord’s interest and thereupon be relieved possession of the Premises. Proper evidence of the renewal of any further liability or obligation insurance coverage shall also be delivered by Tenant to Landlord not later than three weeks following the expiration of the coverage. 3. Unless otherwise provided below, each policy evidencing insurance required to be carried by Tenant pursuant to this Exhibit shall contain the following provisions and/or clauses satisfactory to Landlord: (i) with respect to Tenant’s commercial general liability and umbrella liability insurance, a provision that the Security Deposit.policy and the coverage provided shall be primary and that any coverage carried by Landlord shall be excess and noncontributory, together with a provision

Appears in 2 contracts

Samples: Lease Agreement (Columbia Care Inc.), Lease Agreement (Columbia Care Inc.)

Security Deposit. (a) Tenant shall deposit with Landlord as a security deposit under this Lease the Security Deposit set forth following amounts: (a) an amount equal to one month’s Minimum Rent payable upon Lease execution; (b) an amount equal to one month’s Minimum Rent payable upon Landlord obtaining a building permit for Landlord’s Work (provided no Tenant default exists, after any applicable notice and opportunity to cure, this amount shall be applied at Section 2(h) above, within five (5) business days the commencement of the full execution term in payment of the first month’s Minimum Rent); and (c) an amount equal to one month’s Minimum Rent payable upon delivery by Landlord of a written notice of completion of Landlord’s Work (provided no Tenant default exists, this Leaseamount shall be applied by Landlord to Tenant’s Minimum Rent for the last month of the term), as the same may be extended pursuant to the terms hereof. Such security deposit shall be held by Landlord, without interest, as security for Tenant’s the faithful performance by Tenant of its obligations under this Lease. If all the Base Rent shall increase during the initial term terms of this Lease or during any extensions or renewals thereof, to be observed and performed by Tenant shall at the time of such increase, deposit with unless Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal applies it to the then current Base RentMinimum Rent as provided above. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant The security deposit shall not mortgagebe mortgaged, assignassigned, transfer transferred, or encumber the Security Deposit encumbered by Tenant without the prior written consent of Landlord Landlord; and any attempt by such act on the part of Tenant to do so shall be void, without force or and effect and shall not be binding upon Landlord. (b) . If Tenant fails to pay any Minimum Rent or other amount when due sum payable by Tenant to Landlord is overdue and payable under this Leaseunpaid, or if Landlord makes any payments on behalf of Tenant, or if Tenant fails to perform any of the terms hereofof this Lease, Landlord may appropriate then Landlord, at its option and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply such deposit or so much thereof as may be necessary toward the payment of the rent or other sum due Landlord by reason of Tenant’s default such breach on the part of Tenant or breachtoward the performance of any other overdue obligation of Tenant under this Lease; and Tenant forthwith upon demand by Landlord shall restore such deposit to its original amount. If Landlord so uses any Tenant complies with all of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act terms of default hereunder this Lease and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, pays all Minimum Rent and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest other sums payable under this Lease, then such deposit (or the portion thereof not applied by Landlord to cure a default by Tenant) shall be returned to Tenant within sixty (60) days following the end of the Term and Xxxxxxxx's determination of all amounts owing by Tenant pursuant to the last assignee provisions hereof. In the event of bankruptcy or other creditor proceedings against Tenant, such security deposit shall be deemed to be applied first to the payment of rent and other sums due Landlord for periods prior to the commencement of such proceedings. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit such security deposit to the purchaser of Landlord’s 's interest in the Premises in the event that such interest is sold, and thereupon Landlord shall be relieved of discharged from any further liability or obligation with respect to the Security Depositsuch deposit.

Appears in 2 contracts

Samples: Building Lease (Solera National Bancorp, Inc.), Building Lease (Solera National Bancorp, Inc.)

Security Deposit. (a) Tenant shall deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full Upon Tenant’s execution of this Lease, as security for Tenant’s faithful performance Tenant will deliver to Landlord an Irrevocable Letter of its obligations under this Lease. If Credit (the Base Rent shall increase during “Letter of Credit”) in the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, in substantially the form attached hereto as Exhibit F and made a part hereof from a financial institution acceptable to Landlord. Tenant shallshall cause the Letter of Credit to be maintained in full force and effect throughout the Lease Term and during the sixty (60) day period after the later of (a) the expiration of the Lease Term or (b) the date that Tenant delivers possession of the Leased Premises to Landlord, within ten as security for the performance by Tenant of all of Tenant’s obligations contained in this Lease. In the event that, during the Lease Term, Tenant fails to deliver to Landlord a renewal or replacement to the Letter of Credit by a date no later than forty-five (1045) days after written demand thereforprior to its expiration date, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise demand and receive payment in full under the letter of credit and to hold the cash proceeds as the Security Deposit under this Lease. In the event of a Default by Tenant, Landlord may apply all or any remedy provided for at Section 27 hereofpart of the Security Deposit to cure all or any part of such Default; provided, however, that any such application by Landlord shall not be or be deemed to be an election of remedies by Landlord or considered or deemed to be liquidated damages. Tenant agrees promptly, upon demand, to deposit such additional sum with Landlord as may be required to maintain the full amount of the Security Deposit. All sums held by Landlord pursuant to this Article 4 shall be without interest and may be commingled by Landlord. Within thirty forty-five (3045) days after the Term (end of the Lease Term, provided that there is then no uncured Default or any extension thereof) has expired repairs required to be made by Tenant pursuant to Section 2.03 above or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunderSection 7.03 below, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, . Landlord’s obligation to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver return the Security Deposit to shall survive termination of the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security DepositLease.

Appears in 2 contracts

Samples: Office Lease (MaxPoint Interactive, Inc.), Office Lease (MaxPoint Interactive, Inc.)

Security Deposit. (a) Tenant shall agrees to deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full 2.0 upon execution of this Lease, as security for Tenant’s 's faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) . If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s 's default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s 's default or breach, and Landlord may so apply or use the Security Deposit this deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s 's default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously originally deposited; Tenant’s 's failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section Article 27 hereof. Within thirty fifteen (3015) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit this deposit to the purchaser of Landlord’s 's interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 2 contracts

Samples: Lease Amendment (Interactive Telesis Inc), Lease Agreement (Dovebid Inc)

Security Deposit. (a) Tenant shall deposit with 32.1. Tenant, on or before 45 days from the Effective Date, will deliver to Landlord the initial sum of $4,000,000.00 (“Security Deposit set forth at Section 2(hDeposit”) above, within five (5) business days of the full execution of this Lease, as security for Tenant’s full and faithful performance of all obligations under this Lease and any renewals or extensions of this Lease in the form of an irrevocable stand-by letter of credit (“Letter of Credit”) as set forth in Section 32.3 of this Lease. On the Second Phase Rent Commencement Date the amount of the Security Deposit will be increased by $1,000,000.00 (to $5,000,000.00) and on such date Tenant will deliver to Landlord an amended Letter of Credit as set forth in Section 32.3 of this Lease (increased from $4,000,000.00 to $5,000,000.00) or the sum of $1,000,000.00. Tenant will have the right to reduce the amount of the Security Deposit (not to exceed a maximum reduction to $3,000,000.00) in accordance with the provisions of Section 32.4 of this Lease. Landlord, in its obligations sole discretion, may draw upon the Security Deposit to cure any Default under this Lease. If any such application is made, upon notice by Landlord to Tenant, Tenant, within 10 days of Landlord’s demand, will promptly replace the Base Rent shall increase during amount so applied in the initial term form of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional letter of credit with the same terms. The Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times will not be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for deemed an advance payment of interest on such deposit. Tenant shall not mortgageRent, assign, transfer or encumber the Security Deposit without the prior written consent nor a measure of Landlord and damages for any attempt default by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, nor will it be a bar or fails defense of any action which Landlord may at any time commence against Tenant. In the absence of evidence reasonably satisfactory to perform any Landlord of an assignment of the terms hereofright to receive the Security Deposit or the remaining balance thereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore return the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to original Tenant, or, if Tenant has assigned its interest under regardless of one or more assignments of this Lease, to . Upon the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser transfer of Landlord’s interest under this Lease (and thereupon be relieved a copy of any further liability or obligation the written assumption by the transferee of Landlord’s obligations hereunder with respect to the Security Deposit sent by Landlord to Tenant), Landlord’s obligation to Tenant with respect to the Security Deposit will terminate upon assumption of such obligation by the transferee. 32.2. If Tenant is not in Default, the Security Deposit, or any balance thereof, will be returned to Tenant (or the Letter of Credit cancelled) within 30 days after the following: (A) the expiration of the term of this Lease; (B) the removal of Tenant and its property from the Premises; (C) the surrender of the Premises by Tenant to Landlord in accordance with this Lease; and (D) the payment by Tenant of any outstanding Rent due pursuant to the Lease as computed by Landlord. 32.3. The Security Deposit contemplated by Section 32.1 of this Lease will be in substantially similar form to the one annexed hereto as Exhibit “R”. Tenant will cooperate with Landlord to promptly execute and deliver to Landlord any and all modifications, amendments, and replacements of the Letter of Credit, as Landlord may reasonably request to carry out the intent, terms and conditions of this Article 32. 32.4. Provided that no Default has occurred at any time during the Term, commencing on the 4th anniversary of the First Phase Rent Commencement Date, Tenant will have the annual right (provided that no Default has occurred in the prior 12 month period) to replace the Letter of Credit with a new Letter of Credit (in accordance with requirements of this Article 32) or amend the existing Letter of Credit (and Landlord will cooperate reasonably, at no cost to Landlord, in connection with such a replacement or reduction) with a Letter of Credit reduced by the maximum amount of $350,000.00; provided, however, that no additional reductions will be permitted after the Letter of Credit has been reduced to the amount of $3,000,000.00 as it is the intention of Landlord and Tenant that during the Term, the Security Deposit will not be less than less than $3,000,000.00.

Appears in 2 contracts

Samples: Lease Agreement (iCIMS Holding LLC), Lease Agreement (iCIMS Holding LLC)

Security Deposit. (a) Tenant shall deposit has deposited with Landlord the sum specified in Article 1 hereof as “Security Deposit”, receipt of which is hereby acknowledged. Landlord shall not be required to keep this Security Deposit set forth at Section 2(h) aboveseparate from its general funds; the Security Deposit shall be held by Landlord, within five (5) business days of the full execution of this Leasewithout liability for interest, as security for Tenant’s the faithful performance by Tenant of its obligations under all the terms of this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional The Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgagebe mortgaged, assignassigned, transfer transferred or encumber the Security Deposit encumbered by Tenant without the prior written consent of Landlord and any attempt by such act on the part of Tenant to do so shall be void, without force or and effect and shall not be binding upon Landlord. (b) . If any rent herein reserved or any other sum payable by Tenant fails to pay any Rent Landlord shall be overdue and unpaid or other amount when due and payable under this Leaseshould Landlord make payments on behalf of the Tenant, or fails should Tenant fail to perform any of the terms hereofof this Lease, then Landlord may appropriate may, at its option and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy which Landlord may have by reason on account thereof, appropriate and apply the entire Security Deposit or so much thereof as may be necessary to compensate Landlord toward the payment of Rent or other sums due to such breach on the part of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, ; Tenant shall, shall within ten (10) days after written of demand therefor, therefore restore the Security Deposit to the full amount previously original sum deposited; Tenant’s failure . Should Tenant comply with all of said terms and promptly pay all Rent and all other sums payable by Tenant to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty Tenant (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Leaseat Landlord’s option, to the last assignee of Tenant’s interest hereunder) at the expiration of the term of the lease. If In the event Tenant fails to occupy the Premises in accordance with the terms of this Lease, Landlord’s remedies shall include, without limitation thereto, retention of all sums deposited herewith or otherwise paid pursuant to this Lease. In the event of bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other sums due Landlord sells its interest in for all periods prior to the Premises, filing of such proceedings. Landlord may deliver the Security Deposit funds deposited hereunder by Tenant to the purchaser of Landlord’s interest in the Premises in the event that such interest be sold and thereupon Landlord shall be relieved of discharged from any further liability or obligation with respect to the Security Deposit, and this provision shall also apply to any subsequent transferees.

Appears in 2 contracts

Samples: Lease Agreement, Industrial Lease (Sunpower Corp)

Security Deposit. (a) Upon the Lease Commencement Date, Tenant shall deposit with pay to Landlord the amount of Four Hundred Fifty Thousand ($450,000.00) Dollars, the “Security Deposit set forth at Section 2(h) aboveDeposit”, within five (5) business days of the full execution of this Lease, which shall be held as security for Tenant’s faithful performance of its obligations under this Lease. If as herein provided and refunded to Tenant at the Base Rent shall increase during the initial term end of this Lease or during any extensions thereto, subject to Tenant’s satisfactory compliance with the conditions hereof. Three Hundred Thousand ($300,000.00) Dollars initially deposited (the “PSA Deposit”) per the Purchase and Sale Agreement between Landlord and Tenant (MassGrow, LLC) dated January 9, 2019 (“PSA”), and herein attached as Exhibit C, shall be applied towards the Security Deposit. Landlord may use, apply, or renewals thereof, Tenant shall at retain the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount whole or any part of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that extent required for the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for rent or other payment due to Landlord hereunder or other sum which Landlord has become obligated as a result of Tenant’s default may expend or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have incur by reason of Tenant’s default or breach. If Landlord so uses in any of the terms of this Lease, including, but not limited to, any damages or deficiency in the re-letting of the Premises, whether such damages or deficiencies accrued before or after summary proceedings or other re-entry by Landlord. If all or any part of the Security DepositDeposit is applied to an obligation of Tenant hereunder, Tenant shall, within ten (10) days after written demand therefor, shall immediately upon the request by Landlord restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and its original amount. Landlord shall have return any unapplied balance of the right Security Deposit to exercise any remedy provided for at Section 27 hereof. Within Tenant within thirty (30) days after of the Term end of the term of this Lease. Thirty (or any extension thereof30) has expired or Tenant has vacated days prior to Tenant’s scheduled demolition of the approximate 3,500 square foot rear portion of the Premises, whichever shall last occuridentified in Exhibit A, and further identified in the construction plans and construction schedule outlined in Exhibit B, provided by Tenant is not then and reviewed and approved by Landlord, Tenant shall pay to Landlord additional security in default on any the amount of its obligations hereunderFive Hundred Fifty Thousand ($550,000.00) Dollars for the performance and completion of the construction process, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, “Completion Guarantee”. Prior to the last assignee Completion Guarantee deposit, in no event shall Tenant demolish or structurally alter the back approximate 3,500 square foot portion of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Premises without Landlord’s interest prior written consent. The Completion Guarantee shall be refunded to Tenant in full within Five (5) days after notice of Store Opening and thereupon be relieved release of any further liability or obligation with respect to the Security Depositmechanical liens by Tenant’s contractors.

Appears in 2 contracts

Samples: Lease Agreement (Ascend Wellness Holdings, LLC), Lease Agreement (Ascend Wellness Holdings, LLC)

Security Deposit. a. In accordance with the Annotated Code of Maryland, Real Property Article, Xxxxxx has deposited with the Landlord/Agent the sum of Dollars (a$ ), receipt of which is hereby acknowledged, which sum does not exceed two (2) Tenant shall deposit with Landlord months rent, which is to be held as collateral security and applied on any rent or unpaid utility bill that may remain due and owing at the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution expiration of this Lease, as security for Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease any extension thereof or during holding over period, or applied to any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal damages to the then current Base Rent. Landlord premises in excess of ordinary wear and Tenant agree that tear caused by the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation Tenant, his family, guests, employees, trades people, or liability for payment of interest on such deposit. Tenant shall not mortgagepets, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due damages and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained expenses suffered by Landlord as a result of Tenanta breach of any covenant or provision of this Lease. Tenant may not utilize the security deposit as rent and Tenant must not apply the same as the last month’s default rent. The security deposit will be deposited in an escrow account in a federally insured banking or breachsavings institution within the State of Maryland, and Landlord may so apply or use the Security Deposit without prejudice devoted exclusively to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shallsecurity deposits, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after it has been received. The Landlord/ Agent must provide the Term Tenant, within forty-five (or 45) days after the end of the tenancy, by first class mail directed to the last known address of the Tenant, a written list of any extension thereofdamages to the premises together with a statement of costs actually incurred. Within forty-five (45) has expired or Tenant has vacated days after the Premisesend of the tenancy, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord the Landlord/Agent shall return the Security Deposit security deposit to the tenant together with simple interest which has accrued at the daily U.S. Treasury yield curve rate for 1 year, as of the first business day of each year, or 1.5%, whichever is greater, less any damages rightfully withheld. Interest shall accrue at six-month intervals from the day the tenant gives the landlord the security deposit. Interest is not compounded. Interest shall be payable only on security deposits of $50 or more. The foregoing provisions do not apply to any Tenant who has abandoned the premises or who has been evicted unless such Xxxxxx makes a written demand for the return of the security deposit and provides the Landlord with his/her new address. b. Tenant’s obligation under this Lease may not end when Tenant ceases to occupy the premises. Repairs required may be so substantial or of such a nature that work will not be completed within the forty-five (45) day period following the termination of the tenancy. In such event, orLandlord must notify Tenant within the given time frame, if Tenant has assigned its interest under and reserves the right to pursue Xxxxxx for reimbursement for costs incurred for damages. c. In the event of a sale of the property upon which the premises are situated or the transfer or assignment by the Landlord/ Agent of this Lease, the Landlord/Agent has the obligation to transfer the security deposit to the last assignee transferee. After the transfer is made and after written notice of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit same is given to the purchaser Tenant with the name and address of the transferee, Landlord’s interest /Agent is released from all liability for the return of the security deposit and thereupon be relieved the Tenant must look solely to the new Landlord/Agent for the return of his security deposit. It is agreed that the foregoing will apply to every transfer or assignment made of the security deposit to a new Landlord/Agent. d. In the event of any rightful or permitted assignment of this Lease by the Tenant to any assignee or sub lessee, the security deposit is deemed to be held by the Landlord/Agent as a deposit made by the assignee or sub lessee and the Landlord/Agent will have no further liability or obligation with respect to return to such security deposit to the Security Depositassignor. e. If the landlord, fails to return any part of the security deposit, plus accrued interest, within 45 days after the termination of the tenancy, the tenant has an action of up to threefold of the withheld amount, plus reasonable attorney's fees. f. The Landlord or Landlord’s estate but not the managing agent or court appointed receiver shall remain liable to the Tenant for the maintenance of the security deposit as required by law.

Appears in 2 contracts

Samples: Single Family Dwelling Lease, Single Family Dwelling Lease

Security Deposit. (a) a. The Owner will collect a security deposit from the Tenant shall deposit with Landlord equal to the Security Deposit set forth at Section 2(h) above, within five (5) business days initial month's rent. Owner has collected $ from the Tenant to be applied towards Tenant's security deposit. b. When the Tenant moves out of the full execution of this contract unit, the Owner, subject to State and local Law, may use the security deposit, including any interest on the deposit (if applicable), in accordance with the Lease, as security reimbursement for Tenant’s faithful performance of its obligations any unpaid Tenant rent, unpaid utilities, damages to the unit beyond normal wear and tear, unreturned keys, late fees, returned check fees, expenses to remove rubbish or store articles abandoned by Tenant or other amounts that the Tenant owes under this the Lease. VOID c. The Owner must give the Tenant a list of all items charged against the security deposit, and the amount of each item. After deducting the amount, if any, used to reimburse the Owner, the Owner must promptly refund the full amount of the unused balance to the Tenant within fourteen (14) days from the date on which the Tenant is known or is reasonably believed to have vacated or abandoned the unit by Owner placing the list of charges and unused balance in the mail. d. If the Base Rent security deposit is not sufficient to cover the amounts the Tenant owes under the lease, the Owner may collect the balance from the Tenant. e. In the event Tenant violates the terms of the lease and it is necessary for the Owner to terminate the tenancy, including early termination by Tenant, the deposit may be retained pursuant to paragraph 5 and paragraph 18. f. If more than one person is named the Tenant, such persons agree that they will work out the details of dividing any security refund among themselves. The Owner shall increase during pay a security deposit refund to only one adult person named in Section 8(g). Owner shall not and is not obligated to return a security deposit or any portion thereof until the initial term last named Tenant, or approved Sublettor, on the lease has vacated the unit. g. The security deposit shall not be used for the last month's rent. Owner shall return the deposit to the first listed Tenant on Page 1 of this Lease or during any extensions or renewals thereof, Tenant Agreement. Any changes to Section 8(g) shall at only be accepted in writing and with approval of all listed Tenants. It is the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount responsibility of the Security Deposit held by Landlord shall at all times be equal tenant to provide a forwarding address for the then current Base Rentsecurity deposit return. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant Failure to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of will result in the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit return being sent to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and apartment address. *** This person will also be listed on your Landlord shall have the right to exercise any remedy provided Certificate for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.taxes***

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Security Deposit. (a) Tenant shall deposit with Landlord upon execution hereof the Security Deposit set forth at in Section 2(h) above, within five (5) business days 1.6 of the full execution of this Lease, Basic Lease Provisions as security for Tenant’s faithful performance of its Tenant’s obligations under this Leasehereunder. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when charges due hereunder after the lapse of any applicable notice and payable under cure periods, or otherwise defaults with respect to any provision of this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and use, apply or use retain all or any portion of the said Security Deposit for Rent payments or any other amount then due and unpaid, for the payment of any amount Rent or other charge in default, for the payment of any other sum to which Landlord has may become obligated as a result by reason of Tenant’s default or breachdefault, and and/or to compensate Landlord for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and which Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breachsuffer thereby. If Landlord so uses or applies all or any portion of the Security Deposit, Tenant shall, within ten (10) days after written demand therefordemand, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to the full amount previously deposited; set forth in Section 1.6 (as decreased pursuant to the last sentence of this Section 4 below, if applicable). Landlord shall not be required to keep the Security Deposit separate from its general accounts. If Tenant performs all of Tenant’s failure obligations hereunder, the Security Deposit (as decreased pursuant to do the last sentence of this Section 4 below, if applicable), or so much thereof as has not been applied by Landlord, shall constitute an act be returned, without payment of default hereunder and Landlord shall have interest or other increment for its use, to Tenant (or, at Landlord’s option, to the right to exercise any remedy provided for at Section 27 hereof. Within last assignee, if any, of Tenant’s interest hereunder) within thirty (30) days after the Term (or any extension thereof) has expired or expires and Tenant has vacated vacates the Premises, whichever shall last occur, . No trust relationship is created herein between Landlord and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit. Notwithstanding anything to the contrary contained in this Section 4, so long as Tenant is not in default of any of its obligations under this Lease after the lapse of any applicable cure periods, and never has been in default of any of its material monetary obligations under this Lease after the lapse of any applicable notice and cure periods, Landlord shall reduce the amount of the Security Deposit by Sixty-Eight Thousand Seventy-Three and 10/100 Dollars ($68,073.10) on December 31, 2007, and by Seventy-Five Thousand Thirty-Seven and 10/100 Dollars ($75,037.10) on December 31, 2009, and Landlord shall apply such amounts against Tenant’s next Rent obligations coming due hereunder, respectively.

Appears in 2 contracts

Samples: Building Lease Agreement (Artes Medical Inc), Building Lease Agreement (Artes Medical Inc)

Security Deposit. (a) a. Tenant shall pay Key Locations Property Management, LLC as “Holder” a security deposit of $ by certified check, money order, credit card, or EFT (“Security Deposit”). The Security Deposit shall be paid not later than the Lease Start Date but not earlier than the date Landlord has presented Tenant with a copy of the Move-In Inspection, as defined herein. Landlord shall provide Tenant with a receipt for the Security Deposit set forth at Section 2(h) aboveonce paid, which shall constitute acknowledgment that the Security Deposit has been received by Landlord. b. The Security Deposit will be deposited by Holder within five (5) business banking days of the full execution of this Lease, as security for Tenant’s faithful performance of its obligations under this Leaseand held by Holder in an Escrow Account at Truist Bank. Any interest earned from said account(s) shall accrue to Landlord. c. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord is not honored, for any reason, or such payment is otherwise declined, Holder shall at promptly notify all times be equal parties to this Lease of the then current Base Rent. Landlord same and Tenant agree that the shall have three (3) banking days after notice to deliver good funds plus a fee of $50.00 to Holder. d. The Security Deposit may will be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. returned to Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term Premises is vacated, if: (or any extension thereofi) the Lease term has expired or the Lease has been terminated in writing by both parties; (ii) Landlord has given a written notice to vacate; (iii) no damage has been sustained on the Premises or its contents, except normal wear and tear; (iv) the Premises is returned by Tenant has vacated the Premisesfully cleaned with all trash, whichever shall last occurdebris, and provided Tenant is personal items removed; (v) all rent, fees, and charges have been paid by Xxxxxx in full; and (vi) all door keys and amenity keys, mailbox keys, access cards, gate openers, and garage door openers have been returned to Landlord. e. The Security Deposit may be applied by Landlord to satisfy all, or part of Tenant’s obligations and such act shall not then prevent Landlord from claiming damages in default on any excess of its obligations hereunder, the deposit. Landlord shall return have the Security Deposit right to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to deduct from the Security Deposit: (1) the cost of repairing any damage to Premises caused by the negligence, carelessness, accident or abuse of Tenant, Xxxxxx’s household or their invitees, licensees and guests, other than normal wear and tear; (2) unpaid rent, utility charges or pet fees; (3) cleaning costs if Premises is left unclean; (4) the cost to remove and dispose of any personal property; and/or (5) late fees and any other unpaid fees and charges referenced herein. All parties acknowledge that the Deposit will be forfeited to Landlord as partial liquidated damages if Tenant vacates the Premises (regardless of reason) without first tendering to Landlord payment in full through the Term or any subsequent renewal term of this Lease. f. If any part of the deposit has been used by Landlord in accordance with the terms of this Lease or applicable law, Tenant shall upon demand immediately deposit with Holder a sum equal to the amount so applied by Landlord so that Holder shall have the full deposit on hand at all times during the Lease term including any extension, renewal or holdover term.

Appears in 2 contracts

Samples: Residential Lease Agreement, Residential Lease Agreement

Security Deposit. Upon execution of this agreement, tenant agrees to pay a security deposit in the amount of $ to be held by Friday Properties Management. The deposit, less any amounts legally withheld, including any late or bad check fees, will be returned by mail to the person whom tenants desire and that person is responsible to get the deposits returned to the group. Deposits will be returned within 21 days after the tenants have vacated. Tenant’s are responsible for giving landlord his/her new address. Surrender shall not occur until tenant has physically vacated the premises and landlord has notice or knowledge that the tenant has vacated. The landlord has the right to take all unpaid fees out of the deposit. Lease is not valid until all applications are approved and security deposits cleared. Carpets must be shampooed by a commercial vendor (aWe use Servpro currently). This amount will be deducted from the security deposit. Tenant also will pay for cleaners at a rate of $27/hour for any cleaning not completed on the checkout list (given by email the last month of tenancy) when vacating the premises. A base fee of $7 will be used for cleaning products. Upon surrender, tenant shall vacate the premises and return, any of the landlord’s property held by tenant, including keys. There is a $50.00 fee per lock for any key that is not returned at the end of the lease term. Owner acknowledges receipt of the security deposit from Tenant shall deposit with Landlord in the Security Deposit amount set forth at Section 2(h) above, within five (5) business days of . Owner shall retain the full execution security deposit for the entire term of this Lease, including any extensions. Owner may use the security deposit as permitted by Minnesota law, and shall, to the extent required by Minnesota law, return any remaining portion of the security for Tenant’s faithful performance deposit, as well as any required interest, to Tenant following the termination of its obligations under this Lease. If Owner uses a portion of the Base Rent shall increase security deposit during the initial term of this Lease or during any extensions or renewals thereofto cure a default by Tenant, Tenant shall at replenish the time of such increase, security deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds full amount, upon request by Owner conduct of Landlord and Landlord shall have no obligation any occupant, guest, or liability for payment of interest on such depositperson under Tenant’s or any occupant’s direction or control. Tenant shall not mortgage, assign, transfer promptly notify Owner of any conditions which may cause damage to the Premises or encumber the Security Deposit without the prior written consent waste of Landlord and any attempt utilities or other services provided by Tenant to do so shall be void, without force or effect and shall Owner. The Premises may not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Leasemodified, altered, improved, or fails repaired without prior authorization from Owner, in writing. Modification includes but is not limited to perform any modification of the terms hereoffloor covering or wall covering, Landlord may appropriate and apply changing/replacing/adding fixtures or use all attachments, painting or any portion of the Security Deposit for Rent payments anything which creates a hole or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit xxxx that cannot be remedied without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit expense to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security DepositOwner.

Appears in 2 contracts

Samples: Rental Agreement, Rental Agreement

Security Deposit. (a) On execution of this Lease Tenant shall deposit with Landlord the Security sum specified in the Basic Lease Information (the "Deposit"). The Deposit set forth at Section 2(h) above, within five (5) business days shall be held by Landlord as security for the performance by Tenant of all of the full execution provisions of this Lease, as security for Tenant’s faithful performance . Following an event of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt default by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and use, apply or use retain all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for the payment of any amount for rent or other charge in default, or the payment of any other sum to which Landlord has may become obligated as a result of Tenant’s default by Tenaxx'x xefault, or breach, and to compensate Landlord for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and which Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breachsuffer thereby. If Landlord so uses or applies all or any portion of the Security Deposit, Tenant shall, then within ten (10) 10 days after written demand therefor, therefor Tenant shall deposit cash with Landlord in an amount sufficient to restore the Security Deposit to the full amount previously deposited; thereof, and Tenant’s 's failure to do so shall constitute be a material breach of this Lease. Tenant may satisfy its obligation to furnish the Deposit contemplated herein by delivery to Landlord, upon execution of the Lease, of an act irrevocable, standby letter of default hereunder credit or certificate of deposit in the amount of the Deposit issued by the San Francisco office of a major national bank and in a form approved by Landlord. Landxxxx'x xpproval of such bank and the form of letter of credit or certificate of deposit shall not be unreasonably withheld. All interest earned on such certificate shall accrue to the benefit of Tenant. If the term of the letter of credit or certificate of deposit expires prior to the expiration of the Lease and such letter or certificate is not renewed or replaced at least 60 days prior to its expiration, Landlord shall have be entitled to draw upon the right letter of credit or certificate of deposit, as the case may be, and hold the proceeds thereof as the Deposit. If Tenaxx xxxforms all of Tenant's obligations hereunder, the Deposit, or so much thereof as has not theretofore been applied by Landlord, shall be returned, without payment of interest for its use for amounts directly held by Landlord, to exercise any remedy provided for Tenant (or, at Section 27 Landxxxx'x xption, to the last assignee, if any, of Tenaxx'x xnterest hereunder) at the expiration of the term hereof. Within thirty (30) days , and after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, . No trust relationship is created herein between Landlord and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 2 contracts

Samples: Net Office Tech Lease (Silicon Energy Corp), Net Office Tech Lease (Silicon Energy Corp)

Security Deposit. (a) Tenant shall deposit with Landlord shall, upon the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution of this Lease, deposit with Landlord as security for Tenant’s faithful the payment of rent and the performance of its obligations under this Leaseall other covenants to be performed by Tenant, the sum of One Thousand, Eight Hundred and Fifty and no/100 dollars ($1,850.00). Said security deposit shall be non-interest bearing. If Tenant defaults in the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Leasemonthly rental installment, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, covenant within ten three (103) days after receipt of written demand therefor, restore Landlord, at its option, may apply sufficient sums from the Security Deposit security deposit towards payment thereof. If Landlord elects to so apply the full security deposit, Tenant shall be obligated to immediately replenish the security deposit for the amount previously deposited; Tenant’s failure so applied by Landlord. The total security deposit shall be held by Landlord until expiration of the initial term or until expiration of any renewal term if any renewal option which exists is exercised, and the unused portion of the security deposit shall be refunded by Landlord to do so shall constitute an act Tenant at the end of default hereunder and the Term of this Lease or any renewal thereof. Provided, however, the Landlord shall have may hold the right to exercise any remedy provided security deposit for at Section 27 hereof. Within a period of thirty (30) days after following surrender of the Term (or any extension thereof) has expired or Tenant has vacated possession of the Premises, whichever shall last occurand may deduct from the amount refunded any rental due and payable, the costs of repairing any damage or replacing any damaged portion of the Premises or of the Building or other real estate of which the Premises form a part and provided the costs of cleaning the same if the Tenant fails to do so prior to surrender of possession. Provided, however, said Security Deposit does not constitute a limitation of any kind to a claim by Landlord against Tenant for nonpayment of rentals or other sums under this Lease or for costs of repair, replacement and cleaning of the Premises as discussed herein. In the event proceedings begin it is not then in default on any of its obligations hereunder, Landlord shall return agreed that the Security Deposit held hereunder shall be deemed to Tenant, or, if Tenant has assigned its interest under this Lease, be applied first to rent and other charges first due to Landlord for all periods prior to the last assignee filing of Tenantany such proceedings. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit The security deposit shall not be applied to the purchaser rent except upon approval of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 2 contracts

Samples: Lease Agreement (Iradimed Corp), Lease Agreement (Iradimed Corp)

Security Deposit. (a) On the date of this Lease, Tenant shall deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution of this Lease, as security for the faithful performance by Tenant under this Lease. The Security Deposit shall be returned (without interest) to Tenant (or, at Landlord’s option, to the last assignee of Tenant’s faithful performance interest under this Lease) after the expiration of its obligations the Term or sooner termination of this Lease and delivery of possession of the Premises to Landlord in accordance with Paragraph 17 if, at such time, Tenant is not in default under this Lease. If the Base Rent shall increase during the initial term of Landlord’s interest in this Lease is conveyed, transferred or during any extensions assigned and the transferee assumes in writing Landlord’s obligations under this Lease, Landlord shall transfer or renewals thereof, Tenant shall at credit the time of such increase, deposit with Landlord funds as an additional Security Deposit so that to Landlord’s successor in interest, and Landlord shall be released from any liability for the total amount return of the Security Deposit held by Landlord shall at all times be equal to the then current Base RentDeposit. Landlord and Tenant agree that may intermingle the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgageLandlord’s own funds, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) deemed to be a trustee of the Security Deposit. If Tenant fails to pay or perform in a timely manner any Rent obligation under this Lease, then following the expiration of any applicable notice and cure period given to Tenant in this Lease, Landlord may, prior to, concurrently with or subsequent to, exercising any other amount when right or remedy, use, apply or retain all or any part of the Security Deposit for the payment of any monetary obligation due and payable under this Lease, or fails to perform compensate Landlord for any other expense, loss or damage that Landlord may incur by reason of Tenant’s failure, including any damage or deficiency in the reletting of the terms hereof, Landlord may appropriate and apply or use Premises. If all or any portion of the Security Deposit for Rent payments is so used, applied or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Depositretained, Tenant shall, within ten (10) days after written demand therefor, shall immediately deposit with Landlord cash in an amount sufficient to restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and original amount. Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return may withhold the Security Deposit to Tenant, or, if after the expiration of the Term or sooner termination of this Lease until Tenant has assigned its interest paid in full Tenant’s Share of Operating Expenses for the Operating Year in which such expiration or sooner termination occurs and all other amounts payable under this Lease. The Security Deposit is not a limitation on Landlord’s damages or other rights under this Lease, a payment of liquidated damages or prepaid rent and shall not be applied by Tenant to the rent for the last assignee (or any) month of the Term, or to any other amount due under this Lease. If this Lease is terminated due to any default of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver any portion of the Security Deposit remaining at the time of such termination shall immediately inure to the purchaser benefit of Landlord’s interest Landlord as partial compensation for the costs and thereupon expenses incurred by Landlord in connection with this Lease, and shall be relieved of in addition to any further liability or obligation with respect other damages to the Security Depositwhich Landlord is otherwise entitled.

Appears in 2 contracts

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

Security Deposit. (a) A. Tenant shall deposit has deposited with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days sum specified in Item 11 of the Definitions to be retained by Landlord without liability for interest, as security for the payment of all Rent and other sums of money which shall or may be payable for the full execution stated term of this Lease, as security and any extension or renewal thereof, and for Tenant’s the faithful performance of its obligations under this Lease. If all the Base Rent shall increase during the initial term terms of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional to be observed and performed by Tenant. B. The Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgagebe mortgaged, assignassigned, transfer transferred or encumber the Security Deposit encumbered by Tenant without the prior written consent of Landlord and any attempt by such act on the part of Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) . If any of the Rent herein reserved or any other sum payable by Tenant fails to pay any Rent Landlord shall be overdue and unpaid or other amount when due and payable under this Leaseshould Landlord make payments on behalf of Tenant, or fails if Tenant shall fail to perform any of the terms hereofof this Lease, then Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply said entire deposit or use all or any portion of so much thereof as may be necessary to compensate Landlord toward the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default Rent or breach, and for any Additional Rent or loss or damage sustained by Landlord as a result due to breach on the part of Tenant’s default ; and Tenant shall promptly upon demand restore said security to the original sum deposited. If Tenant should be overdue in the payment of monthly Rent or breachother sums payable to Landlord on at least two or more occasions during a year, and Landlord Landlord, at its option, may so apply or use require Tenant to increase the amount of Security Deposit without prejudice now held by Landlord by an amount sufficient to any other remedy Landlord may have by reason cover at least two months Rent or greater amount to be determined at the sole discretion of Tenant’s default or breachLandlord. If Landlord so uses any In this event, upon receipt of the Security Depositadditional security sum, Landlord and Tenant shallshall evidence such receipt by a letter signed and acknowledged by both Landlord and Tenant to be incorporated as part of this Lease amending Section A. hereof, within ten (10) days after written demand therefor, restore stating the Security Deposit to the full amount previously deposited; Tenant’s failure to do "New Total Amount" so shall constitute an act of default hereunder and Landlord shall have the right to exercise held without liability for any remedy provided for at Section 27 hereofinterest. Within thirty Sixty (3060) days after the Term (expiration of the tenancy hereby created, whether by lapse of time or any extension thereof) has expired or otherwise, provided Tenant shall not be in default hereunder and shall have complied with all the terms, covenants and conditions of this Lease, including the yielding up of the immediate possession to Landlord, Landlord shall, upon being furnished with affidavits and other satisfactory evidence by Tenant that Tenant has vacated paid all bills incurred by it in connection with its performance of the Premisesterms, whichever shall last occurcovenants and conditions of this Lease, and return to Tenant said sum on deposit or such portion thereof then remaining on deposit with Landlord as set forth herein. In the event Tenant has not complied with all the obligations provided Tenant is not then in default on any of its obligations for hereunder, Landlord shall return may appropriate a part or a of the Security Deposit as liquidated damages to satisfy Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit's obligations.

Appears in 2 contracts

Samples: Option to Lease (Coastal BHC Inc), Option for Lease (Florida Coastline Community Group Inc)

Security Deposit. (a) Tenant The sum stated in Item 9 of the Basic Lease Provisions shall deposit with be deducted and transferred to Landlord from the Security Deposit set forth currently being held by Landlord pursuant to its Industrial Lease with Tenant for the premises located at Section 2(h) above340 and 000 Xxxxxxxx, within five (5) business days of the full execution of this LeaseXxxxxx, Xxxxxxxxxx. Such sum shall be held by Landlord as security for Tenant’s the full and faithful performance of its Tenant's obligations under this LeaseLease (the "Security Deposit"). If Subject to the Base Rent shall increase during the initial term last sentence of this Lease or during any extensions or renewals thereofSection, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held shall be understood and agreed to be the property of Landlord upon Landlord's receipt thereof, and may be utilized by Landlord shall at all times be equal to in its discretion towards the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. all prepaid expenses by Landlord for which Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of would be required to reimburse Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform including, without limitation, brokerage commissions and Tenant Improvement costs. Upon any default by Tenant after expiration of the terms hereofapplicable cure period, including specifically Tenant's failure to pay rent or to abide by its obligations under Sections 7.1 and 15.3 below, whether or not Landlord is informed of or has knowledge of the default, the Security Deposit shall be deemed to be automatically and immediately applied, without waiver of any rights Landlord may appropriate and apply have under this Lease or use all at law or in equity as a result of the default, as a setoff for full or partial compensation for that default. If any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as is applied after a result of default by Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, shall within ten fifteen (1015) days after written demand therefor, by Landlord deposit cash with Landlord in an amount sufficient to restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and its original amount. Landlord shall have the right not be required to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occurkeep this Security Deposit separate from its general funds, and provided Tenant is shall not then in default be entitled to interest on any of the Security Deposit. If Tenant fully performs its obligations hereunderunder this Lease, Landlord shall return the Security Deposit shall be returned to Tenant, Tenant (or, if Tenant has assigned its interest under this Leaseat Landlord's option, to the last assignee of Tenant. If Landlord sells its 's interest in this Lease) within fifteen (15) days after the Premisesexpiration of the Term, provided that Landlord may deliver retain the Security Deposit to the purchaser extent and until such time as all amounts then due from Tenant in accordance with this Lease have been determined and paid in full. The obligation of Landlord to return the unapplied balance of the Security Deposit to Tenant in accordance with the terms of this Lease shall be personal to Landlord and shall survive as an obligation of Landlord notwithstanding any transfer of Landlord’s 's interest in this Lease unless and thereupon be relieved until such time as Landlord has complied with the provisions of Section 1950.7 of the California Civil Code or any further liability or obligation with respect to the Security Depositsuccessor statute thereto.

Appears in 2 contracts

Samples: Lease Agreement (New Century Financial Corp), Lease Agreement (New Century Financial Corp)

Security Deposit. (a) Tenant shall deposit Tenant, concurrently with the execution of this Lease, has deposited with Landlord the amount set forth in the BLI Rider as the security deposit ("Security Deposit") hereunder. This sum will be retained by Landlord as security for the payment by Tenant of the Rent and Other Rent and for the faithful performance by Tenant of all the other terms and conditions of this Lease. In the event Tenant fails to faithfully perform the terms and conditions of this Lease, Landlord, at Landlord's option, may at any time apply the Security Deposit set forth at Section 2(h) aboveor any part thereof toward the payment of the Rent and/or Other Rent and/or toward the performance of Tenant's obligations under this Lease. In such event, within five (5) business days of the full execution of this Lease, as security for Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereofafter notice, Tenant shall at the time of such increase, will deposit with Landlord funds as an additional Security Deposit so that the total amount of cash sufficient to restore the Security Deposit held by Landlord shall at all times be equal to the then current Base Rentits original amount. Landlord and Tenant agree that will return the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any unused portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Expiration Date if Tenant is not then in default on violation of any of its obligations hereunder, the provisions of this Lease. Landlord shall return may (but is not obligated to) exhaust any or all rights and remedies against Tenant before resorting to the Security Deposit. Landlord will not be required to pay Tenant any interest on the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenantnor hold same in a separate account. If Landlord sells its interest in or otherwise conveys the PremisesBuilding, Landlord may will deliver the Security Deposit or the unapplied portion thereof to the purchaser of Landlord’s interest and thereupon be relieved of any further liability new owner. Tenant agrees that if Landlord turns over the Security Deposit or obligation with respect the unapplied portion thereof to the new owner, Tenant will look to the new owner only and not to Landlord for its return upon expiration of the Lease Term. If Tenant assigns this Lease with the consent of Landlord (as expressly provided for in this Lease), the Security DepositDeposit will remain with Landlord for the benefit of the new tenant and will be returned to such tenant upon the same conditions as would have entitled Tenant to its return.

Appears in 2 contracts

Samples: Office Lease (Colonial Direct Financial Group Inc), Office Lease (Vfinance Inc)

Security Deposit. (a) Landlord acknowledges receipt from Tenant shall deposit with Landlord of the Security Deposit in the amount set forth at in Section 2(h) above, within five (5) business days of lh. Landlord shall retain the full execution of this Lease, Security Deposit as security for Tenant’s faithful the performance by Tenant of all of its Lease obligations. The Security Deposit shall not bear interest and may be commingled with other funds. If Tenant at any time fails to perform any of its obligations under this LeaseLease beyond any applicable cure period, including, without limitation, its Rent or other payment obligations, its restoration obligations, or its insurance and indemnity obligations, then Landlord, may, at its option, apply the Security Deposit (or any portion) to cure Tenant’s default or to pay for damages caused by Tenant’s default. If the Base Rent shall increase during Lease has been terminated, then Landlord may apply the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that (or any portion) against the total amount damages incurred as a consequence of Tenant’s breach. The application of the Security Deposit held by shall not limit Landlord’s remedies for default under the terms of this Lease. If Landlord shall at all times be equal depletes the Security Deposit, in whole or in part, prior to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds Expiration Date or any termination of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, then Tenant shall restore immediately the amount so used by Landlord following receipt of notice. Within 30 days after the expiration or fails to perform any earlier termination date of the terms hereofthis Lease, Landlord may appropriate and apply or use all or shall refund to Tenant any unused portion of the Security Deposit for Rent payments or after first deducting the amounts, if any, necessary to cure any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result outstanding default of Tenant’s default or breach, and to pay any outstanding damages for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any breach of the Security DepositLease, Tenant shall, within ten (10) days after written demand therefor, or to restore the Security Deposit Premises to the full amount previously deposited; Tenant’s failure condition to do so shall constitute an act which Tenant is required to leave the Premises upon the expiration or termination of default hereunder and the Lease. Landlord shall have deliver the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any unused portion of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant’s Notice Address set forth in Section 11 above. If Landlord sells its interest in Tenant’s Notice Address is the address for the Premises, then Tenant shall notify Landlord in writing of a forwarding address to which Landlord should send the Security Deposit. Tenant may deliver not credit any unused portion of the Security Deposit to against Rent owed under the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security DepositLease.

Appears in 2 contracts

Samples: Office Lease (G1 Therapeutics, Inc.), Office Lease (G1 Therapeutics, Inc.)

Security Deposit. (a) Tenant shall deposit with Landlord shall, upon the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution of this Lease, deposit with Landlord as security for Tenant’s faithful the payment of rent and the performance of its obligations under this Leaseall other covenants to be performed by Tenant, the sum of zero ($0) dollars. Said security deposit shall be non-interest bearing. If Tenant defaults in the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Leasemonthly rental installment, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, covenant within ten three (103) days after receipt of written demand therefor, restore Landlord, at its option, may apply sufficient sums from the Security Deposit security deposit towards payment thereof. If Landlord elects to so apply the full security deposit, Tenant shall be obligated to immediately replenish the security deposit for the amount previously deposited; Tenant’s failure so applied by Landlord. The total security deposit shall be held by Landlord until expiration of the initial term or until expiration of any renewal term if any renewal option which exists is exercised, and the unused portion of the security deposit shall be refunded by Landlord to do so shall constitute an act Tenant at the end of default hereunder and the Term of this Lease or any renewal thereof. Provided, however, the Landlord shall have may hold the right to exercise any remedy provided security deposit for at Section 27 hereof. Within a period of thirty (30) days after following surrender of the Term (or any extension thereof) has expired or Tenant has vacated possession of the Premises, whichever shall last occurand may deduct from the amount refunded any rental due and payable, the costs of repairing any damage or replacing any damaged portion of the Premises or of the Building or other real estate of which the Premises form a part and provided the costs of cleaning the same if the Tenant fails to do so prior to TENANT INITIALS /s/ JH 3 surrender of possession. Provided, however, said Security Deposit does not constitute a limitation of any kind to a claim by Landlord against Tenant for nonpayment of rentals or other sums under this Lease or for costs of repair, replacement and cleaning of the Premises as discussed herein. In the event proceedings begin it is not then in default on any of its obligations hereunder, Landlord shall return agreed that the Security Deposit held hereunder shall be deemed to Tenant, or, if Tenant has assigned its interest under this Lease, be applied first to rent and other charges first due to Landlord for all periods prior to the last assignee filing of Tenantany such proceedings. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit The security deposit shall not be applied to the purchaser rent except upon approval of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 2 contracts

Samples: Lease Agreement (Iradimed Corp), Lease Agreement (Iradimed Corp)

Security Deposit. (a) On the Date of Lease, Tenant shall deliver to Landlord a security deposit with ("Security Deposit") in an amount equal to One Million Dollars ($1,000,000), to be held in an interest bearing account requiring authorization by both Landlord and Tenant for withdrawal. On the Lease Commencement Date, the Security Deposit set forth at Section 2(h) aboveplus all interest earned thereon shall be released to Landlord, within five (5) business days and Tenant shall deliver to Landlord an amount sufficient to increase the Security Deposit to an amount equal to the Equity Funded Amount as of such date; provided that Tenant shall receive a credit for any interest earned on the full execution of this Lease, Security Deposit prior to the Lease Commencement Date. The Security Deposit shall be held by Landlord as security solely for Tenant’s faithful performance the payment of its obligations under Base Rent and Additional Rent by Tenant pursuant to this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount One-fifth of the Security Deposit held shall bear interest from the Lease Commencement Date at the rate of 6.75% per annum, simple interest, paid by Landlord shall at all times be equal to Tenant in cash on an annual basis on each anniversary of the then current Base Rent. Landlord Lease Commencement Date; and Tenant agree that the remainder of the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber bear interest. If at any time during the Security Deposit without the prior written consent of Landlord and Term any attempt by Tenant to do so Base Rent shall be voidoverdue, without force or effect and then Landlord may at its election (but shall not be binding upon Landlord. (brequired to) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for to the payment of any amount for which such overdue Base Rent; provided, however, that Landlord has become obligated as a result shall use the non-interest bearing portion of Tenant’s default the Security Deposit first, before appropriating any portion of the Security Deposit that shall bear interest pursuant hereto. Should the entire Security Deposit, or breachany portion thereof, be appropriated and for any loss or damage sustained applied by Landlord as a result provided herein, then Tenant shall immediately, after receipt of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand thereforby Landlord, pay to Landlord a sufficient sum in cash to restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act original sum of default hereunder and the Security Deposit. Landlord shall have the right no obligation to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return segregate the Security Deposit to Tenantfrom other funds. In the event that the Equity Funded Amount is reduced for any reason, or, if Tenant has assigned its interest under this Lease, to the last assignee including without limitation by reason of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved a sale of any further liability portion of the Premises or obligation with respect the application of the proceeds of a condemnation award to reduce the Security Deposit.Equity Funded Amount (it being

Appears in 2 contracts

Samples: Ground Lease (Cisco Systems Inc), Ground Lease (Cisco Systems Inc)

Security Deposit. (a) Tenant shall deposit with Landlord To secure the Security Deposit set forth at Section 2(h) above, within five (5) business days performance of the full execution of this Lease, as security for Tenant’s faithful performance of its obligations Licensee under this Lease. If Licence the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to Licensee must pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously deposited; TenantSchool Council on or before the Commencement Date. If the Licensee breaches any of the Licensee’s failure to do so shall constitute an act of default hereunder obligations under this Licence and Landlord shall have the right to exercise School Council incurs any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term Losses (or acquires any extension thereof) other entitlement to payment from the Licensee), the School Council may, if the default remains unremedied 10 Business Days after Default Notice has expired or Tenant been given to the Licensee, draw on the Security Deposit without further Notice to the Licensee to make good such Loss. If the School Council draws on the Security Deposit, the Licensee must replace the amount drawn down within 10 Business Days to maintain the Security Deposit at the level specified in Item 16 of Schedule 1. Subject to any right the School Council has vacated to draw on the PremisesSecurity Deposit, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall the School Council must return the Security Deposit to Tenantthe Licensee when each of the following criteria have been satisfied: 60 days have elapsed since the expiry or termination of this Licence; the Licensee has vacated the Licensed Area in accordance with this Licence, or, if Tenant including satisfying all of its reinstatement obligations; and the Licensee has assigned its interest no outstanding obligations under this LeaseLicence or subsisting breach of this Licence or any actual or potential liability for any breach or non-performance of any of the Licensee’s obligations under this Licence. Use of Licensed Area The Licensee: must only use and occupy the Licensed Area; may only use the Licensed Area during the Term during the Hours of Use and on the Dates and/or Days of Use (as applicable); may access other parts of the School in common with others and being solely those parts of the School required for the purpose of accessing the Licensed Area; acknowledges that if the Licensed Area includes external areas (for example, playgrounds and ovals), School amenities, kitchen facilities, carparks and/or staff facilities, these areas will be used and occupied together with other occupiers of the School; acknowledges that the School Council may grant its consent, which consent will be at the absolute discretion of the School Council, for the Licensee to use other areas of the School in addition to those listed in clauses 9(a)(i) to 9(a)(iii) solely for the purposes of the Licensee's use of the Licensed Area; must comply with all Department, School and School Council policies and/or guidelines which deal with the safety or health of persons on the Licensed Area or otherwise under its control; must observe fire precautions, including taking any fire precautionary measures required by Law; must ensure that all external doors and windows are secured and locked and all lights, heating and/or cooling is extinguished daily at the end of its use of the Licensed Area; must ensure the Licensed Area is kept secure, clean and free from debris and rubbish; and acknowledges that no promise, representation, warranty or undertaking has been given by or on behalf of the School Council regarding the suitability of the Licensed Area for the conduct of the Permitted Use otherwise than as expressly contained in this Licence, or for any other use. The Licensee must not: use or allow the Licensed Area to be used for any purpose other than the Permitted Use; erect, display, affix or exhibit on or at the Licensed Area any signs except for signs that comply with all Laws and then only after obtaining the School Council’s approval (which approval is at the absolute discretion of the School Council) and all necessary planning and building permits from the relevant Government Agency; install any fixtures or fittings, except those necessary for the Permitted Use, without the School Council’s written consent (which consent is at the absolute discretion of the School Council); keep or use chemicals, inflammable liquids, acids or other hazardous things on the Licensed Area except for the Permitted Use, or create fire hazards; do anything in or near the Licensed Area or the Land which is noxious, offensive or a nuisance and not cause any injury or nuisance to neighbours or other occupiers of the, or surrounding the, Licensed Area; or overload the floor of the Licensed Area. Licensee’s Obligations Operation of Education and Care Service The Licensee must: conduct the Permitted Use in a proper, timely and efficient manner using that standard of care, skill, diligence, prudence and foresight that would reasonably be expected from a prudent, expert and experienced provider of an Education and Care Service; carry on the Permitted Use to the last assignee reasonable satisfaction of, and in accordance with the requirements of, the School Council; ensure that all its Associates engaged by the Licensee in connection with the Permitted Use are suitably qualified and experienced, and act to the best of Tenant. If Landlord sells its interest their skill and ability and in accordance with the accepted professional standards for persons having those qualifications and experience; act in good faith and in the Premisesbest interests of the School Council; ensure that the Permitted Use is compliant with the National Quality Standard; provide a reasonable selection and quantity of nutritional and wholesome foodstuffs which comply with the requirements of publications issued by the Department from time to time (or its successor) and the reasonable requirements of the School Council; and not provide any foodstuffs which the School Council has previously required the Licensee not to provide. Education and Care Service Fees The Licensee may charge the Education and Care Service Fees. The Licensee must not vary the Education and Care Service Fees except in accordance with the mechanism set out in Item 2 of Schedule 2. Compliance with Laws The Licensee must: at its own expense in all respects, Landlord may deliver the Security Deposit observe and comply with all Laws that apply to this Licence and all directions, notices and Requirements of any Government Agency relating to the purchaser development, construction, use and occupation of Landlord’s interest the Licensed Area, and thereupon be relieved any other use or development which the Licensee may undertake on the Licensed Area; keep in force and available for inspection by the School Council upon request, all licences, permits and registrations required for the carrying on of any further liability business use or obligation other activity conducted by the Licensee in or upon the Licensed Area within the terms of this Licence; strictly observe and comply with respect the Occupational Health and Safety Xxx 0000 (Vic) and any other Law relating to the Security DepositPermitted Use; and not use the Licensed Area for any illegal purpose.

Appears in 2 contracts

Samples: School Council Licence Agreement, School Council Licence Agreement

Security Deposit. (a) Prior to March 1, 2005, Tenant shall deposit with Landlord the sum of Seven Hundred Fifty One Thousand Eight Hundred Ninety Four and No/100 Dollars ($751,894.00) ("Security "Deposit"). Landlord shall not be deemed a trustee of the Security Deposit, may use the Security Deposit set forth at Section 2(h) abovein business, within five (5) business days and shall not be required to segregate it from its general accounts. Tenant shall not be entitled to interest on the Security Deposit. If Tenant defaults with respect to any provisions of the full execution of this Lease, as security for including but not limited to the provisions relating to payment of Base Monthly Rent or other charges, Landlord may, after the expiration of all applicable notice and cure periods, to the extent reasonably necessary to remedy Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease 's default, use any or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount all of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for towards payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. following: (bi) If Tenant fails to pay any Base Monthly Rent or other charges in default; (ii) any other amount when due and payable under this Lease, or fails to perform any of the terms hereof, which Landlord may appropriate and apply spend or use all become obligated to spend by reason of Tenant's default including, but not limited to Tenant's failure to restore or clean the Premises following vacation thereof. If any portion of the Security Deposit for Rent payments is so used or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Depositapplied, Tenant shall, within ten (10) business days after written demand thereforfrom Landlord, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its full original amount, and shall pay to Landlord such other sums as necessary to reimburse Landlord for any sums paid by Landlord. If Tenant shall default more than three (3) times in any twelve (12) month period, irrespective of whether or not such default is cured, then the full Security Deposit shall, within ten (10) days after demand by Landlord, be increased by Tenant to an amount previously deposited; Tenant’s failure equal to three (3) times the Base Monthly Rent. Tenant may not assign or encumber the Security Deposit without the consent of Landlord. Any attempt to do so shall constitute an act of default hereunder be void and Landlord shall have the right not be binding on Landlord. The Security Deposit shall be returned to exercise any remedy provided for at Section 27 hereof. Within Tenant within thirty (30) days after the Term (or Expiration Date and surrender of the Premises to Landlord, less any extension thereof) has expired or Tenant has vacated amount deducted in accordance with this Section, together with Landlord's written notice itemizing the Premises, whichever shall last occur, amounts and provided Tenant is not then purposes for such deduction. In the event of termination of Landlord's interest in default on any of its obligations hereunderthis Lease, Landlord shall return may deliver or credit the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its Landlord's successor in interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest Premises and thereupon be relieved of any further liability or obligation responsibility with respect to the Security Deposit provided such successor assumes, in writing, Landlord's obligations with respect to such Security Deposit. Landlord agrees that in lieu of a cash Security Deposit, Tenant may deposit a letter of credit ("Letter of Credit") substantially in the form attached hereto as Exhibit "B". Landlord shall be entitled to draw against the Letter of Credit at any time provided only that Landlord certifies to the issuer of the Letter of Credit that Tenant is in default under the Lease. Tenant shall keep the letter of credit in effect during the entire Lease Term, as the same may be extended, plus a period of four (4) weeks after expiration of the Lease Term. At least thirty (30) days prior to expiration of any Letter of Credit, the term thereof shall be renewed or extended for a period of at least one (1) year. Tenant's failure to so renew or extend the Letter of Credit shall be a material default of this Lease by Tenant. In the event Landlord draws against the Letter of Credit, Tenant shall replenish the existing Letter of Credit or cause a new Letter of Credit to be issued such that the aggregate amount of letters of credit available to Landlord at all times during the Lease Term is the amount of the Security Deposit originally required.

Appears in 2 contracts

Samples: Lease Agreement (Broadcom Corp), Lease Agreement (Broadcom Corp)

Security Deposit. (a) Tenant shall deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full upon execution of this Lease, as security for Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds a Letter of Credit in the form mandated by paragraph (b) hereof in the sum of Two Million Eight Hundred Thousand Dollars ($2,800,000) (the “Security”) which shall be held by Landlord as an additional Security Deposit so that the total hereinafter provided. The face amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit Letter of Credit may be commingled with funds reduced to Two Million Dollars ($2,000,000) on the first anniversary of Landlord the Commencement Date and Landlord shall have no obligation or liability for payment to One Million Dollars ($1,000,000) on the second anniversary of interest on such depositthe Commencement Date. It is agreed that in the event Tenant shall not mortgagedefaults in respect of any of the terms, assign, transfer or encumber the Security Deposit without the prior written consent provisions and conditions of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, including, but not limited to, the payment of Basic Annual Rent and Additional Rent, then, Landlord may, without notice, use, apply or fails retain the whole or any part of the Security so deposited to perform the extent required for the payment of any Basic Annual Rent and Additional Rent or any other sum as to which Tenant is in default or for any sum which Landlord may expend or may be required to expend by reason of Tenant’s default in respect of any of the terms hereofterms, covenants and conditions of this Lease, including but not limited to, any damages or deficiency in the re-letting of the Demised Premises, whether such damages or deficiency accrued before or after summary proceedings or other re-entry by Landlord. If Landlord may appropriate and apply applies or use retains all or any portion of the Security Deposit for Rent payments or any other Security, Tenant shall as a material covenant hereunder immediately upon Landlord’s demand restore the amount then due and unpaid, for payment of any amount for which so applied so that Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to on deposit the full amount previously deposited; of Security. In the event that Tenant shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease, the Security shall be promptly returned to Tenant’s failure to do so shall constitute an act . In the event of default hereunder a sale of the land and Building or leasing of the Building, of which the Demised Premises form a part, Landlord shall have the right to exercise transfer control over the Security to the vendee or lessee and Landlord shall thereupon be released by Tenant from all liability for the return of such Security; and Tenant agrees to look to the new Landlord solely for the return of the Security, and it is agreed that the provisions hereof shall apply to every transfer or assignment made of the Security to a new Owner. Tenant further covenants that it will not assign or encumber or attempt to assign or encumber the Letter of Credit herein as security and that neither Landlord nor its successors or assigns shall be bound by any remedy provided such assignment, encumbrance, attempted assignment or attempted encumbrance. (b) The Security shall be in the form of an irrevocable, clean “Evergreen” automatically renewable commercial Letter of Credit in the amount of $2,800,000 (the “Letter of Credit”), issued by National City Corporation Bank which is authorized by the State of Indiana to conduct banking business in Indiana and which has been approved by Landlord. The Letter of Credit shall provide for at Section 27 hereof. Within presentation and payment in Indianapolis, and shall permit Landlord (a) to draw thereon up to the full amount of the credit evidenced thereby (but partial drawings shall be permitted) in the event of any default by Tenant in the terms, provisions, covenants or conditions of this Lease or (b) to draw the full amount thereof to be held as cash security if for any reason the Letter of Credit is not renewed within thirty (30) days prior to its expiration date. A copy of a form of Letter of Credit acceptable to Landlord is attached hereto as Exhibit B. The Letter of Credit (and each renewal thereof) shall (i) be for a term of not less than one (1) year (except that the last Letter of Credit shall be for a term expiring sixty (60) days after the Term Expiration Date), (ii) expressly provide for the issuing bank to notify Landlord in writing not less than thirty (30) days prior to its expiration as to its renewal or non-renewal, as the case may be, and (iii) if not so renewed each year (or any extension later period of expiration) shall be immediately available for Landlord to draw up to the full amount of such credit (to be held as cash security). Not less than forty-five (45) days prior to the expiration date of each Letter of Credit (and every renewal thereof), Tenant shall deliver to Landlord a renewal or new Letter of Credit subject to all of the conditions aforesaid, all to the intent and purposes, that a Letter of Credit in the amounts required by Section (a) has expired or Tenant has vacated above shall be in effect during the Premises, whichever shall last occur, and provided Tenant is not then in default on any entire term of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease. Failure by Tenant to comply with the provisions of this Article shall be deemed a material default hereunder entitling Landlord to exercise any and all remedies as provided in this Lease for default in the payment of fixed rent and, to draw on the last assignee existing Letter of Tenant. If Landlord sells Credit up to its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Depositfull amount.

Appears in 2 contracts

Samples: Office Lease (Bioanalytical Systems Inc), Office Lease (Bioanalytical Systems Inc)

Security Deposit. (a) In addition to the security deposit currently held by Landlord under the Lease, concurrently with execution and delivery of this Amendment, Tenant shall deposit with deliver to Landlord a letter of credit (the Security Deposit set forth at Section 2(h"Second Additional Letter of Credit") abovein the amount of $450,000 for the benefit of Landlord, within five (5) business days issued by a major banking institution, and in form and substance reasonably acceptable to Landlord. The Second Additional Letter of the full execution of this Lease, Credit shall be held by Landlord as security for Tenant’s the faithful performance by Tenant of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount all of the Security Deposit held provisions of the Lease to be performed by Landlord shall at all times be equal to the then current Base RentTenant. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent rent or other amount when sums due and payable under this Leasehereunder, or fails otherwise defaults with respect to perform any provision of the terms hereofLease, Landlord may appropriate draw on the Second Additional Letter of Credit and use, apply or use retain all or any portion of the Security Deposit proceeds thereof for Rent payments or any other amount then due and unpaid, for the payment of any amount rent or other sum in default or for the payment of any other sum to which Landlord has may become obligated as a result by reason of Tenant’s default 's default, or breach, and to compensate Landlord for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and which Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breachsuffer thereby. If Landlord so uses or applies all or any portion of the Security Depositproceeds of the Second Additional Letter of Credit, Tenant shall, shall within ten (10) days after written demand therefortherefor either deposit with Landlord a substitute Second Additional Letter of Credit in the amount of the Second Additional Letter of Credit prior to such draw by Landlord hereunder, restore the Security Deposit or deposit with Landlord as a security deposit cash equal to the full amount previously deposited; drawn by Landlord under the Second Additional Letter of Credit, and Tenant’s 's failure to do so shall constitute an act be a material breach of default hereunder and the Lease. Landlord shall not be required to pay interest on, or keep any cash deposited by Tenant hereunder, or drawn by Landlord under the Second Additional Letter of Credit, separate from its general accounts. (b) Provided that Tenant has not been in default under the Lease, the Second Additional Letter of Credit amount shall be reduced to $365,000.00 on February 1, 2001, to $280,000.00 on February 1, 2002, and to $195,000.00 on February 1, 2003. Upon such final reduction, Tenant shall provide to Landlord a Second Additional Letter of Credit in the amount of $195,000.00 for the balance of the term of the Lease. If at any time during the term of the Lease, Tenant shall not have provided to Landlord a substitute Second Additional Letter of Credit or renewal of the right to exercise any remedy provided for Second Additional Letter of Credit at Section 27 hereof. Within thirty least ten (3010) days after prior to the Term (or any extension thereof) has expired or Tenant has vacated expiration date of the Premises, whichever shall last occur, and provided Tenant is not then in default on any Second Additional Letter of its obligations Credit held by Landlord hereunder, Landlord shall return may draw the Security Deposit to Tenantfull amount of the Second Additional Letter of Credit, or, if Tenant has assigned its interest under this Lease, to and hold the last assignee of Tenant. If Landlord sells its interest in proceeds thereof as the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Depositsecurity deposit hereunder.

Appears in 2 contracts

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

Security Deposit. (a) Tenant shall deposit with Landlord on the signing of this Lease the Security Deposit set forth as defined in the Preamble for the full and faithful performance of Tenant's obligations under this Lease, including, without limitation, the surrender of possession of the Premises to Landlord as herein provided. If Landlord applies any part of said Security Deposit to cure any default of Tenant, Tenant shall, on demand, deposit with Landlord the amount so applied so that Landlord shall have the full Security Deposit on hand at Section 2(h) aboveall times during the Term. Landlord,in the event that the Demised Premises are sold, shall transfer and deliver the Security Deposit, as such,to the purchaser of the Demised Premises and shall notify Tenant thereof, and thereupon Landlord shall be discharged from any further liability in reference thereto. The Security Deposit (less any portions thereof used, applied or retained by Landlord in accordance with the provisions of this Paragraph 16), which need not be placed in any separate account of Landlord, shall be returned to Tenant, without interest, within five thirty (530) business days after the expiration or sooner termination of this Lease without the fault of Tenant and after delivery of the full execution entire Premises to Landlord in accordance with the provisions of this Lease. Tenant covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and Landlord shall not be bound by any such assignment, encumbrance or attempt thereof. (b) Three (3) months prior to the Termination Date, the Landlord will obtain an irrevocable letter of credit in favor of Tenant to secure its obligation to return the Security Deposit as required under this Lease. In the event the Landlord fails to do so, the Tenant shall have the right of setoff equal to an amount not to exceed the Security Deposit against the payment of Fixed Basic Rent and Additional Rent for the last three (3) months of the term of this Lease. In the event of the insolvency of Tenant, or in the event of the entry of a bankruptcy judgment in any court against Tenant which is not discharged within thirty (30) days after entry, or in the event a petition is filed by or against Tenant under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, then in such event, Landlord may require Tenant to deposit additional security, to be held by Landlord pursuant to the terms of this Lease, as security for in an amount which in Landlord's sole judgment reasonably exercised would be sufficient to adequately assure Tenant’s faithful 's performance of all of its obligations under this LeaseLease including all payments subsequently accruing. If the Base Rent shall increase during the initial term Failure of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under deposit the security required by this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shallParagraph, within ten (10) days after Landlord's written demand therefordemand, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act a material breach of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to this Lease by Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 2 contracts

Samples: Lease Agreement (Computer Outsourcing Services Inc), Lease Agreement (Infocrossing Inc)

Security Deposit. (a) Concurrently with Tenant's execution of this Lease, Tenant shall will deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution of this Lease, designated in Subparagraph 1(o). The Security Deposit will be held by Landlord as security for Tenant’s the full and faithful performance by Tenant of all of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the Term hereof. If Tenant fully and faithfully performs its obligations under this Lease. If , including, without limitation, surrendering the Base Rent shall increase during Premises upon the initial term expiration or sooner termination of this Lease or during any extensions or renewals thereofin compliance with Subparagraph 11(a) below, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so or any balance thereof will be returned to Tenant (or, at Landlord's option, to the last assignee of Tenant's interest hereunder) within thirty (30) days following the expiration of the Lease Term or as required under applicable law, provided that Landlord may retain the total Security Deposit until such time as any outstanding rent or additional rent amount has been determined and paid in full. The Security Deposit is not, and may not be construed by Tenant to constitute, rent for the last month or any portion thereof. If Tenant defaults with respect to any provisions of this Lease including, but not limited to, the provisions relating to the payment of rent or additional rent, Landlord may (but will not be required to) use, apply or retain all or any part of the Security Deposit held by Landlord shall at all times be equal to for the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgageany rent or any other sum in default, assign, transfer or encumber for the Security Deposit without the prior written consent payment of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, which Landlord may appropriate and apply spend or use all become obligated to spend by reason of Tenant's default or to compensate Landlord for any loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of the Security Deposit for Rent payments is so used or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Depositapplied, Tenant shallagrees, within ten (10) days after Landlord's written demand therefor, to deposit cash with Landlord in an amount sufficient to restore the Security Deposit to the full its original amount previously deposited; and Tenant’s 's failure to do so shall constitute an act of a default hereunder and under this Lease. Landlord shall have the right is not required to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occurkeep Tenant's Security Deposit separate from its general funds, and provided Tenant is not then in default entitled to interest on any of its obligations hereunder, such Security Deposit. Should Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells sell its interest in the PremisesPremises during the Term hereof and deposit with the purchaser thereof the then unappropriated Security Deposit funds, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon will be relieved of discharged from any further liability or obligation with respect to the such Security Deposit.

Appears in 2 contracts

Samples: Office Building Lease (Simpson Manufacturing Co Inc /Ca/), Office Building Lease (Netsol International Inc)

Security Deposit. (a) Section 25.1 Tenant shall deposit has deposited with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days sum specified in the Definition section of this Lease as security for the return of the Premises in good order and condition and the full execution performance of every provision of this Lease to be performed by Tenant. The security deposit shall not be applied to the payment of Rent, provided however, that if Tenant defaults with respect to any provision of this Lease, as security for Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during Landlord any extensions or renewals thereofuse, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use retain all or any portion part of this security deposit for the Security Deposit payment of any base Rent and Additional Rent in default, or for Rent payments or the payment of any other amount then due and unpaid, for payment of any amount for which Landlord has may spend or become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have spend by reason of Tenant’s default 's default, or breachto compensate Landlord for any other less, cost or damage which Landlord may suffer by reason of Tenant's default. If Landlord any portion of said deposit is so uses any of the Security Depositused or applied, Tenant shall, within ten (10) days after written demand therefordemand, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount. For full security deposit reimbursement the following conditions must be met: 1) All walls must be clean and free of holes. 2) Any overhead door must be free of any broken panels, cracked lumber or dented panels. The overhead door springs, rollers, tracks, motorized door operator, and all other items pertaining to the full amount previously deposited; Tenant’s failure to do so overhead door must also be in good working condition. 3) All floors must be clean and free of excessive dust, dirt, grease, oil and stains. 4) No ceiling tiles shall constitute an act be missing or damaged. 5) All trash must be removed from both inside and outside of default hereunder the Building. 6) All lights bulbs and Landlord shall have ballast's must be working. 7) The Premises must otherwise be in good conditions, reasonable wear and tear excepted. In the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after event tenant has complied with the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunderabove conditions, Landlord shall return the Security Deposit security deposit (without interest) to Tenant, or, if Tenant has assigned its interest under within sixty (60) days after either the termination or expiration of this Lease, or the surrender and acceptance by Landlord of the Premises. Notwithstanding the foregoing, Landlord may retain the security deposit for non-payment of Base Rent or Additional Rent, utility charges, costs incurred relating to the last assignee abandonment of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver repairs, work contracted for by the Security Deposit Tenant or any other charge due under this Lease by Tenant to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 2 contracts

Samples: Office Warehouse Premises Lease (Lifeloc Technologies Inc), Office Warehouse Premises Lease (Lifeloc Technologies Inc)

Security Deposit. (a) On or before the Early Access Date, Tenant shall will deposit with Lessor a security deposit (the “Security Deposit”) in the amount of Ninety-Two Thousand Dollars ($92,000.00) to be held by Landlord for the Security Deposit set forth at Section 2(h) above, within five (5) business days duration of the full execution of this Lease, Lease as security for the full performance by Tenant of all of the obligations on the part of Tenant hereunder. The Security Deposit shall, at the option of Tenant’s faithful performance , be in the form of its obligations under this Leasean irrevocable demand letter of credit (the “Letter of Credit”), in form and substance reasonably acceptable to Landlord, issued by an FDIC-insured commercial banking institution reasonably acceptable to Landlord. If the Base Rent shall increase during the initial term of this Lease Security Deposit, or during any extensions or renewals portion thereof, Tenant shall at is in the time form of such increasecash, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to hold the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or same without liability for payment of interest on and without any obligation to segregate such depositcash from Landlord’s other funds. Tenant shall not mortgage, assignpledge, transfer grant a security interest in, or otherwise encumber the Security Deposit without Deposit. Landlord shall have the prior written consent of Landlord and any attempt by Tenant right from time to do so shall be voidtime, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the on account thereof, to apply such Security Deposit, or any part thereof, to Landlord’s damages arising from any Default of Tenant. Upon such application, Tenant shall, within ten (10) days after written demand therefor, shall promptly restore the Security Deposit to its original amount. Upon the full performance by Tenant of its obligations hereunder, the Security Deposit, or such amount previously deposited; Tenant’s failure that shall be remaining after application of the same hereunder, shall be returned to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within Tenant within thirty (30) days after the Term (expiration or earlier termination of this Lease and surrender of possession of the Premises by Tenant to Landlord at such time. If the Security Deposit is in the form of a Letter of Credit, such Letter of Credit shall, throughout the Term, be in full force and in compliance with the terms of this Lease. Tenant shall not mortgage, pledge, grant a security interest in, or otherwise encumber the Letter of Credit or the proceeds of the same. Landlord shall have the right from time to time, without prejudice to any other remedy Landlord may have on account thereof, to draw on the Letter of Credit and apply the proceeds, or any extension part thereof, to Landlord’s damages arising from any Default of Tenant (beyond applicable notice and cure periods) has expired on the part of Tenant. Upon such application, Tenant shall promptly restore the Security Deposit to its original amount either by delivering cash or a new Letter of Credit complying with the provisions hereof to Landlord. In the event such Letter of Credit will expire by its terms prior to the end of the Term and Tenant has vacated fails to provide a substitute Letter of Credit at least thirty (30) days prior to such expiration, then Landlord may draw on the PremisesLetter of Credit and hold the proceeds. Any portion of the proceeds of the Letter of Credit not applied to cure a Default of Tenant hereunder shall be held by Landlord as a cash Security Deposit pursuant to the provision set forth above unless Landlord shall require a new Letter of Credit complying with the provisions hereof, whichever in which event the unapplied cash proceeds shall last occur, and provided be promptly returned to Tenant is not then in default on any for such purpose. Upon the full performance by Tenant of its obligations hereunder, the Letter of Credit (or the remaining proceeds thereof if previously drawn and not applied to cure a Default of Tenant hereunder), shall be surrendered to Tenant within thirty (30) days after the expiration or earlier termination of this Lease and surrender of possession of the Premises by Tenant to Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Depositat such time.

Appears in 2 contracts

Samples: Lease Agreement (Implant Sciences Corp), Lease (Implant Sciences Corp)

Security Deposit. (a) Tenant shall deposit with Landlord pay to Landlord, upon the execution of this Lease, the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution of this Lease, in Article 1.13 above as security for Tenant’s faithful the performance by Tenant of its obligations under this Lease, which amount shall be returned to Tenant after the expiration or earlier termination of this Lease, provided that Tenant shall have fully performed all of its obligations contained in this Lease. The Security Deposit, at the election of Landlord, may be retained by Landlord as and for its full damages or may be applied in reduction of any loss and/or damage sustained by Landlord by reason of the occurrence of any breach, nonperformance or default beyond applicable cure periods by Tenant under this Lease without the waiver of any other right or remedy available to Landlord at law, in equity or under the terms of this Lease. If any portion of the Base Rent shall increase during the initial term of this Lease Security Deposit is so used or during any extensions or renewals thereofapplied, Tenant shall at shall, within thirty (30) days after written notice and receipt of invoices for the time of such increaseexpenses incurred in relation to the loss and/or damage sustained from Landlord, deposit with Landlord immediately available funds as in an additional Security Deposit so that the total amount of sufficient to restore the Security Deposit held by Landlord to its original amount, and Tenant’s failure to do so shall at all times be equal a breach of this Lease. Tenant acknowledges and agrees that in the event Tenant shall file a voluntary petition pursuant to the Bankruptcy Code or any successor thereto, or if an involuntary petition is filed against Tenant pursuant to the Bankruptcy Code or any successor thereto and not dismissed within sixty (60) days, then current Base RentLandlord may apply the Security Deposit towards those obligations of Tenant to Landlord which accrued prior to the filing of such petition. Landlord and Tenant agree acknowledges further that the Security Deposit may be commingled with funds Landlord’s other funds. In the event of Landlord and Landlord shall have no obligation or liability for payment termination of Landlord’s interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under in this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore shall transfer the Security Deposit to the full amount previously deposited; TenantLandlord’s failure to do so shall constitute an act of default hereunder and successor in interest, whereupon Landlord shall have be released from liability by Tenant for the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after return of such deposit or the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Depositaccounting therefore.

Appears in 2 contracts

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

Security Deposit. (a) Tenant shall deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days as security for the faithful performance and observance by Tenant of the full execution terms, conditions and provisions of this Lease, as security for Tenant’s faithful performance including without limitation the surrender of its obligations under possession of the Demised Premises to Landlord herein provided. It is agreed that in the event Tenant defaults in respect of any of the terms, provisions and conditions of this Lease. If , including, but not limited to, the payment of Base Rent shall increase during and Additional Rent, Landlord may apply or retain the initial term of this Lease whole or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount part of the Security Deposit held by Landlord shall at all times be equal so deposited to the then current Base Rent. Landlord and Tenant agree that extent required for the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord any Base Rent and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Additional Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, sum as to which Tenant is in default or for payment of any amount for sum which Landlord has become obligated as a result of Tenant’s default may expend or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice be required to any other remedy Landlord may have expend by reason of Tenant’s default in respect of any of the terms, covenants and conditions of this Lease, including but not limited to, any damages or breachdeficiency in the reletting of the Demised Premises, whether such damages or deficiency accrue or accrues before or after summary proceedings or other reentry by Landlord. If Landlord so uses applies or retains any part of the Security DepositDeposit so deposited, Tenant shallTenant, within ten three (103) days days’ after written demand therefornotice from Landlord, restore shall deposit with Landlord the amount so applied or retained so that Landlord shall have the full Security Deposit on hand at all times during the Term. The failure by Tenant to deposit such additional amount within the foregoing time period shall be deemed a default pursuant to Article 20 of this Lease. Any remaining balance of the Security Deposit not rightfully applied by Landlord pursuant to this Article 36 shall be returned to Tenant within thirty (30) days following the full amount previously deposited; Tenant’s failure Expiration Date and after delivery of the entire possession of the Demised Premises to do so shall constitute an act Landlord. In the event of default hereunder and a sale of Corporate Campus 1 or the Building or leasing of the Building, Landlord shall have the right to exercise transfer the Security Deposit to the vendee or lessee and Landlord shall thereupon be released by Tenant from all liability for the return of the Security Deposit; and Tenant agrees to look solely to the new landlord for the return of the Security Deposit; and it is agreed that the provisions hereof shall apply to every transfer or assignment made of the Security Deposit to a new landlord. Tenant further covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and that neither Landlord nor its successors or assigns shall be bound by any remedy provided for at Section 27 hereof. Within thirty such assignment, encumbrance, attempted assignment or attempted encumbrance. (30b) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occurProvided that this Lease remains in full force and effect, and provided Tenant is not then in default on under this Lease after the expiration of any of its obligations hereunderapplicable grace periods expressly stated in this Lease, Landlord acknowledges that upon Tenant’s written request thereto, it shall return permit Tenant to reduce the sum of the Security Deposit to Tenantas follows: $50,044.75 upon the conclusion of each of Lease Year 1, orLease Year 2, if Lease Year 3 and Lease Year 4 This shall be implemented by Landlord reimbursing Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest above sums in the Premisesform of either a cash payment or credit against Base Rent, Landlord may deliver the Security Deposit to the purchaser of at Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Depositsole option.

Appears in 2 contracts

Samples: Lease (Surgiquest Inc), Lease (Surgiquest Inc)

Security Deposit. (a) Tenant shall deposit with upon the execution of this Lease as a security deposit the Deposit specified in Section 1.11, provided, however, the obligation of Tenant to pay the Deposit to Landlord shall be deferred until such time under this Lease (if at all) that Tenant fails to pay Rent when due or otherwise is in default under this Lease (each without regard to any applicable cure periods). After the Security occurrence of such default by Tenant and without regard to whether such default was cured, Tenant shall pay the Deposit set forth at Section 2(h) above, within five (5) business days written notice of the full execution of this Lease, Landlord’s demand. The Deposit shall be held by Landlord as security for Tenant’s the faithful performance by Tenant of its obligations under this Lease. If all of the Base Rent shall increase during the initial term provisions of this Lease to be performed or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held observed by Landlord shall at all times be equal to the then current Base RentTenant. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when charges due and payable under hereunder, or otherwise defaults with respect to any provision of this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and use, apply or use retain all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for the payment of any amount for which Landlord has become obligated Rent or other charge incurred as a result of such an event of default, or for the payment of any other sum to which Landlord may become obligated by reason of Tenant’s default default, or breach, and to compensate Landlord for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and which Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breachsuffer thereby. If Landlord so uses or applies all or any portion of the Security Deposit, Landlord shall notify Tenant of such use or application, and Tenant shall, within ten (10) days after written demand thereforLandlord’s demand, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to the full amount previously deposited; thereof and Tenant’s failure to do so shall constitute an act be a material breach of default hereunder and this Lease. Landlord shall have not be required to keep the right Deposit separate from its general accounts. If Tenant performs all of Tenant’s obligations hereunder, the Deposit, or so much thereof as has not theretofore been applied by Landlord, shall be returned, without payment of interest or other increment for its use, to exercise any remedy provided for Tenant (or, at Section 27 hereof. Within thirty (30Landlord’s option, to the last assignee, if any, of Tenant’s interest hereunder) days at the expiration or earlier termination of the Term, and after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, . No trust relationship is created herein between Landlord and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 2 contracts

Samples: Industrial Building Lease (Gordmans Stores, Inc.), Industrial Building Lease (Gordmans Stores, Inc.)

Security Deposit. (a) Tenant shall deposit Concurrently with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full Tenant's execution of this Lease, as security for Tenant’s faithful performance Tenant has deposited with Landlord the sum of Two Hundred Forty Three Thousand Five Hundred and No/100 Dollars ($243,500.00) ("Security "Deposit"). Landlord shall not be deemed a trustee of the Security Deposit, may use the Security Deposit in business, and shall not be required to segregate it from its obligations under this Leasegeneral accounts. Tenant shall not be entitled to interest on the Security Deposit. If Tenant defaults with respect to any provisions of the Lease, including but not limited to the provisions relating to payment of Base Monthly Rent shall increase during or other charges, Landlord may, to the initial term of this Lease extent reasonably necessary to remedy Tenant's default, use any or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount all of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for towards payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. following: (bi) If Tenant fails to pay any Base Monthly Rent or other charges in default; (ii) any other amount when due and payable under this Lease, or fails to perform any of the terms hereof, which Landlord may appropriate and apply spend or use all become obligated to spend by reason of Tenant's default including, but not limited to Tenant's failure to restore or clean the Premises following vacation thereof. If any portion of the Security Deposit for Rent payments is so used or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Depositapplied, Tenant shall, within ten (10) days after written demand thereforfrom Landlord, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its full original amount, and shall pay to Landlord such other sums as necessary to reimburse Landlord for any sums paid by Landlord. If Tenant shall be in either monetary default or material non-monetary default more than four (4) times in any twelve (12) month period, then the full Security Deposit shall, within ten (10) days after demand by Landlord, be increased by Tenant to an amount previously deposited; Tenant’s failure equal to three (3) times the Base Monthly Rent. Tenant may not assign or encumber the Security Deposit without the consent of Landlord. Any attempt to do so shall constitute an act of default hereunder be void and Landlord shall have the right not be binding on Landlord. The Security Deposit shall be returned to exercise any remedy provided for at Section 27 hereof. Within Tenant within thirty (30) days after the Term (or Expiration Date and surrender of the Premises to Landlord, less any extension thereof) has expired or Tenant has vacated amount deducted in accordance with this Section, together with Landlord's written notice itemizing the Premises, whichever shall last occur, amounts and provided Tenant is not then purposes for such deduction. In the event of termination of Landlord's interest in default on any of its obligations hereunderthis Lease, Landlord shall return may deliver or credit the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its Landlord's successor in interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest Premises and thereupon be relieved of any further liability or obligation responsibility with respect to the Security Deposit. Landlord agrees that in lieu of a cash Security Deposit, Tenant may deposit a letter of credit ("Letter of Credit") substantially in the form attached hereto as Exhibit "B". Landlord shall be entitled to draw against the Letter of Credit ----------- at any time provided only that Landlord certifies to the issuer of the Letter of Credit that Tenant is in default under the Lease. Tenant shall keep the letter of credit in effect during the entire Lease Term, as the same may be extended, plus a period of four (4) weeks after expiration of the Lease Term. At least thirty (30) days prior to expiration of any Letter of Credit, the term thereof shall be renewed or extended for a period of at least one (1) year. Tenant's failure to so renew or extend the Letter of Credit shall be a material default of this Lease by Tenant. In the event Landlord draws against the Letter of Credit, Tenant shall replenish the existing Letter of Credit or cause a new Letter of Credit to be issued such that the aggregate amount of letters of credit available to Landlord at all times during the Lease Term is the amount of the Security Deposit originally required.

Appears in 2 contracts

Samples: Quarterly Report, Lease Agreement (Verisign Inc/Ca)

Security Deposit. (a) Tenant shall deposit with Landlord on the signing of this Lease the Security Deposit, as set forth in Paragraph 1, for the full and faithful performance of Tenant's obligations under this Lease, including, without limitation, the surrender of possession of the Demised Premises to Landlord as herein provided. If Landlord applies any part of said Security Deposit to cure any default of Tenant, Tenant shall, on demand, deposit with Landlord the amount so applied so that Landlord shall have the full Security Deposit on hand at all times during the Term. Landlord, in the event that the Demised Premises are sold, shall transfer and deliver the Security Deposit, as such, to the purchaser of the Demised Premises and shall notify Tenant thereof, and thereupon Landlord shall be discharged from any further liability in reference thereto. The Security Deposit, (less any portions thereof used, applied or retained by Landlord in accordance with the provisions of this Paragraph 41) which need not be placed in any separate account of Landlord, shall be returned to Tenant, without interest, within thirty (30) days after the expiration or sooner termination of this Lease without the fault of Tenant and after delivery of the entire Demised Premises to Landlord in accordance with the provisions of this Lease and satisfaction of an ISRA or other environmental requirements still pending at the time of expiration or termination of the Lease. Tenant covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit set forth at Section 2(h) aboveand Landlord shall not be bound by any such assignment, within five (5) business days encumbrance or attempt thereof. In the event of the full execution insolvency of Tenant, or in the event of the entry of a bankruptcy judgment in any court against Tenant which is not discharged within thirty (30) days after entry, or in the event a petition is filed by or against Tenant under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, then in such event, Landlord may require Tenant to deposit additional security, to be held by, Landlord pursuant to the terms of this Lease, as security for in an amount which in Landlord's sole judgment would be sufficient to adequately assure Tenant’s faithful 's performance of all of its obligations under this LeaseLease including all payments subsequently accruing. If the Base Rent shall increase during the initial term Failure of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under deposit the security required by this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shallparagraph, within ten (10) days after Landlord's written demand therefordemand, restore shall constitute a material breach of this Lease by Tenant. Landlord further agrees that upon the Tenant's initial public offering and submission to Landlord of documentation confirming such initial public offering, the Security Deposit amount shall be reduced to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty three (303) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Depositmonths' Basic Rent.

Appears in 2 contracts

Samples: Lease Agreement (Tellurian Inc /Nj/), Lease Agreement (Tellurian Inc /Nj/)

Security Deposit. (a) Tenant shall deposit with Landlord hereby acknowledges receipt from tenant the Security Deposit set forth at Section 2(h) abovesum of , within five (5) business days of the full execution of this Lease, to be held as security for Tenant’s the faithful performance by the Tenant of its obligations under this Leasethe covenants, conditions, rules and regulations contained herein. If The security deposit shall be placed by the Base Rent Landlord in an interest-bearing account with High Country Bank of Xxxxx, Xxxxx Xxxxxxxx 00000, and any interest thereon shall increase during be the initial term property of the Landlord. The Security Deposit, or any portion thereof, may be withheld for unpaid rent, cleaning charges, damages due to breach of this Lease or during any extensions for damage by Tenant or renewals thereofthe Tenant’s agents, employees, guests or invitees in excess of ordinary wear and tear to the Premises, common areas and major appliances owned by the Landlord. It is understood and agreed, however, that irrespective of said Security Deposit, rent shall be paid when due, in accordance with the terms hereof. The Tenant shall at have the time right to be present when the Landlord, or the Landlord’s agent, inspects the Premises in order to determine if any damage was done to the Premises. In the event of sale or transfer of the Premises by Landlord, the Landlord shall have the right to transfer, in accordance with applicable law, the Security Deposit to the vendee, or other transferee, and Landlord shall be released by Tenant from all liability for the return of such increase, deposit with Landlord funds as an additional Security Deposit so and Tenant shall look to Landlord’s transferee for the return of said Security Deposit. It is agreed that the total amount this shall apply to every transfer or assignment made of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rentany such transferee. Landlord and Tenant agree that the The Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgagebe mortgaged, assign, transfer assigned or encumber the Security Deposit encumbered by Tenant without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall . Tenant fully understands that should he/she for any reason decide not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any take possession of the terms hereofPremises and/or break this lease, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use remains the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any property of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder Landlord and Landlord is not refundable. The tenant shall have the right to exercise any remedy provided for at Section 27 hereof. Within receive, by first class mail, delivered to the last known address of the Tenant, a written list of the charges against the Security Deposit claimed by the Landlord, within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated termination of the Premises, whichever shall last occur, tenancy and provided Tenant is not then in default on any delivery of its obligations hereunder, possession by Tenant. The Landlord shall be further obligated to return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee any unused portion of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit, by first class mail, addressed to the Tenant’s last known address with thirty (30) days after the termination of the tenancy.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Security Deposit. (a) Tenant shall deposit with Landlord acknowledges that it has received the Security Deposit set forth at Section 2(h) abovefrom Tenant, within five (5) business days of simultaneously with the full execution of this Lease, as . The Security Deposit shall be security for Tenant’s the full and faithful performance and observance by Tenant of its obligations the covenants, terms and conditions of this Lease, including, without limitation, the payment of Total Rent, on the part of Tenant to be kept and performed. No interest shall be payable on the Security Deposit, and the Security Deposit need not be held in a segregated account and may be commingled with Landlord's separate funds. It is agreed and acknowledged by Tenant that the Security Deposit is not an advance payment of rent or a measure of Landlord's damages in the case of default by Tenant. Upon the occurrence of an Event of Default under this Lease. If , Landlord may use, apply or retain the Base Rent shall increase during the initial term of this Lease whole or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount part of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that extent required for the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion part or component of Total Rent or any other sum as to which Tenant is in default or for the payment of any other injury, expense or liability resulting from any Event of Default. Use, application or retention of the Security Deposit for Rent payments by Landlord shall not prohibit or limit Landlord's exercise of any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy remedies Landlord may have by reason of for Tenant’s default or breach's default. If Landlord so uses Following any such application of the Security Deposit, Tenant shall, within ten (10) days after written shall pay to Landlord on demand therefor, an amount necessary to restore the Security Deposit to its original amount. In the full amount previously deposited; Tenant’s failure event that Tenant shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease, the Security Deposit shall be returned to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within Tenant within thirty (30) days after the Term (Expiration Date and after delivery of possession of the Premises to Landlord in accordance with the terms hereof. Upon every sale or any extension thereof) has expired or Tenant has vacated lease of the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunderBuilding, Landlord shall be released from all liability for the return of the Security Deposit to TenantDeposit, or, if and Tenant has assigned its interest under this Lease, shall look to the last assignee of Tenant. If new landlord for its return, so long as the transferring Landlord sells its interest in the Premises, Landlord may deliver assigns or transfers the Security Deposit to the purchaser of Landlord’s interest acquiring landlord or provides the acquiring landlord a credit for same. The Security Deposit shall not be assigned or encumbered by Tenant, and thereupon any such assignment or encumbrance shall be relieved of any further liability or obligation with respect to the Security Depositvoid.

Appears in 2 contracts

Samples: Office Lease (RMS Titanic Inc), Office Lease (Medialink Worldwide Inc)

Security Deposit. (a) Tenant shall deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution of Upon signing this Lease, Tenant has delivered to Landlord, as security for Tenant’s the full and faithful performance of every portion of this Lease to be performed by Tenant, an unconditional, irrevocable standby letter of credit in the amount of Seven Hundred Thousand Dollars ($700,000.00) (the “Letter of Credit”). The Letter of Credit shall (i) be issued to Landlord, as beneficiary, in substantially the same form as provided for in Exhibit F and by a bank approved by Landlord in its obligations sole discretion (Landlord agrees that either Xxxxx Fargo or Bank of America is an approved issuing bank), (ii) provide for drawing thereon in Oakland or San Francisco, California, (iii) have a term of at least one year (with the Letter of Credit required to be renewed or replaced by Tenant so as to be available to be drawn on at any time during the Lease Term, including any extension thereof, plus a period of sixty (60) calendar days), (iv) require the issuing bank to pay to Landlord the amount of a draw upon receipt by such bank of a sight draft signed by Landlord and upon presentation to the issuing bank of nothing more than a written statement signed by Landlord that an event entitling Landlord to draw under the Letter of Credit has occurred under this Lease. If , (v) permit multiple drawings, (vi) expressly state that the Base Rent shall increase during Letter of Credit and the initial term right to draw thereunder may be transferred or assigned from time to time by Landlord to any successor or assignee of Landlord under this Lease without the payment of any fees or during charges, and (vii) provide that it shall automatically renew for additional periods of one year each from the expiration date or future expiration date, unless at least thirty (30) days prior to any extensions or renewals thereofexpiration date, Tenant shall at the time of such increase, deposit with issuer notifies Landlord funds as an additional Security Deposit so that the total amount by registered mail of the Security Deposit held by Landlord shall at all times be equal issuer’s election not to renew the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds Letter of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon LandlordCredit. (b) Tenant shall pay all expenses, points or fees incurred by Tenant in obtaining the Letter of Credit and for any transfer of the Letter of Credit. The full amount of the Letter of Credit shall be available to Landlord upon presentation of Landlord’s signed draft. If Tenant fails to pay any Rent or other amount when due and payable an Event of Default is declared under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use draw all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment Letter of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice Credit to any other remedy Landlord may have by reason of Tenant’s default or breachsuch default. If Landlord so uses any portion of the Security DepositLetter of Credit is so drawn, Tenant shall, within ten (10) days after written demand therefor, increase the amount of the Letter of Credit in an amount sufficient to restore the Security Deposit Letter of Credit to the full amount previously deposited; its original amount, and Tenant’s failure to do so shall constitute an act be a material breach of default hereunder this Lease. Tenant acknowledges that Landlord has the right to transfer or mortgage its interest in the Building and in this Lease, and Tenant agrees that in the event of any such transfer or mortgage, Landlord shall have the right to exercise transfer or assign the Letter of Credit and the proceeds of and draw thereon to the transferee or mortgagee. Accordingly, the Letter of Credit shall expressly indicate that it is transferable in its entirety, subject to the terms and condition and thereof, by Landlord as beneficiary. Upon receiving written notice of transfer, and upon presentation to the issuing bank of the original LOC and any issuer-required transfer documentation, the issuing bank will reissue the Letter of Credit naming such transferee as the beneficiary. (c) Any proceeds from the draw by Landlord under the Letter of Credit not applied by Landlord to cure any default or breach by Tenant under this Lease shall be held as a cash security deposit. Landlord shall not be required to keep the security deposit separate from its general funds, Tenant shall not be entitled to interest thereon, and Tenant waives the benefit of any law to the contrary. Tenant waives the provisions of California Civil Code Section 1950.7 (which restricts application of a security deposit only to those sums reasonably necessary’ to remedy provided defaults in the payment of rent, to repair damage caused by Tenant, or to clean premises) and all similar laws now in force or subsequently adopted which restrict application of security deposits to specific purposes. (d) The Letter of Credit shall be renewed by the issuer (or replaced with a similarly qualifying letter of credit acceptable to Landlord) at least thirty (30) calendar days prior to the expiration date thereof from time to time during the Lease Term. If, for any reason, Tenant fails to cause the Letter of Credit to be so renewed or replaced at Section 27 hereof. Within least thirty (30) days after prior to its expiration date, Landlord shall have the Term (or any extension thereof) has expired or right to immediately draw upon the Letter of Credit in full and hold the proceeds thereof as a cash Security Deposit hereunder. Upon the expiration of the Lease Term, if Tenant has vacated the Premises, whichever shall last occurthen fully performed every provision of this Lease to be performed by it, and provided Tenant is not then in default on any and all of its Tenant’s monetary obligations hereunderunder the Lease have been satisfied, Landlord shall return the Security Deposit Letter of Credit to Tenant and consent to the cancellation of the Letter of Credit; provided, however, prior to the surrender and cancellation thereof, Landlord may draw upon the Letter of Credit an amount up to Five Thousand Dollars ($5,000.00) and hold such proceeds as a deposit on account of any amounts due from Tenant attributable to Tenant’s Percentage Share of Property Taxes and Operating Expenses for the calendar year in which the Lease terminates or expires, orand any unapplied funds so held by Landlord shall be refunded to Tenant within thirty (30) days following Tenant’s approval or deemed approval of Landlord’s Statement for the calendar year in which the Lease expiration or termination occurs. In lieu of drawing on the Letter of Credit as hereinabove provided, if Tenant has assigned its interest under shall have the right to deliver to Landlord a cash deposit, to be held as a cash security deposit. (e) Subject to the terms of this Paragraph, Tenant shall have the right to require Landlord to amend the Letter of Credit to evidence a reduction in the draw amount thereunder (i) following the first day of the thirty-seventh (36th) month of the Term of this Lease, to Four Hundred Thousand Dollars ($400,000.00), and (ii) following the last assignee first day of Tenant. If Landlord sells its interest the forty-eighth (48th) month of the Term of this lease to Two Hundred Thousand Dollars ($200,000.00) (each such date being referred to as a “Reduction Date”), provided that, as to each Reduction Date (i) Tenant occupies at least sixty six percent (66%) of the Premises (except in the Premisescase of a Permitted Transfer), Landlord may deliver the Security Deposit and (ii) no monetary Event of Default has occurred under this Lease at any time prior to the purchaser Reduction Date. Notwithstanding anything in the foregoing to the contrary, upon the occurrence of any event provided in clauses (i) and (ii) above, Tenant’s right to any subsequent reduction in the Letter of Credit as hereinabove provided shall be deemed automatically revoked and of no further force and effect (f) Tenant agrees and acknowledges that Tenant has no property interest whatsoever in the Letter of Credit or the proceeds thereof and that, in the event that Tenant becomes a debtor under any chapter of the Federal Bankruptcy Code, the Letter of Credit and any proceeds thereof shall not be deemed to be an asset or property of the Tenant, and that neither Tenant, any trustee, nor Tenant’s bankruptcy estate shall have any right to restrict or limit Landlord’s interest and thereupon be relieved of any further liability or obligation with respect claim and/or rights to the Security DepositLetter of Credit and/or the proceeds thereof by Section 502(b)(6) of the Federal Bankruptcy Code.

Appears in 2 contracts

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

Security Deposit. (a) Tenant shall deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full Upon execution of this Lease, Tenant shall provide the following amount to Landlord, to be held as a security deposit for the reasonable cleaning or repair of damages to the Property upon the expiration or termination of this lease or in case of default by Tenant’s faithful performance of its obligations under this Lease: $________ (________ dollars). If The security deposit will be held at the Base Rent shall increase during following financial institution: ________________________________ Tenant hereby agrees to be liable to Landlord at the initial term expiration or termination of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at for all times be equal damages to the then current Base Property, except ordinary wear and tear. Landlord may hold the security deposit in a non-interest-bearing account. In such case, no interest is due to Tenant and Tenant may not use the security deposit to cover Rent. Landlord may otherwise elect to hold security deposit in an interest-bearing account and allow Tenant agree that to receive certain interest funds, if applicable. Tenant shall still not be permitted to use the Security Deposit may security deposit to cover any Rent. In case of sale or assignation of the Lease by Landlord, Tenant's security deposit shall be commingled with funds of Landlord transferred to the new owner or assignee and Landlord shall have no obligation or be released from liability to Tenant for payment return of interest on such the security deposit. Tenant shall Deductions from the security deposit may be made for the following reasons (this list constitutes examples only and is not mortgageintended to be exhaustive): unpaid rent or utilities, assignlate fees, transfer or encumber cleaning, key replacement, removing abandoned property, and/or attorneys' fees for proceedings against Tenant. At the Security Deposit without the prior written consent termination of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, Landlord shall have 15 (fifteen) days to return the security deposit to a forwarding address provided by the Tenant, or fails the Landlord shall have 30 (thirty) days to perform any send Tenant a Notice of Claim on the deposit with a list of the terms hereofcosts and amount claimed. Tenant may object within 15 (fifteen) days to any deductions. If Tenant does not object, Landlord may appropriate and apply or use all or any portion must return the remaining amount within 30 (thirty) days of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment date of any amount for which Landlord has become obligated as a result the Notice of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breachClaim. If Landlord so uses any of requires deductions which exceed the Security Depositsecurity deposit, Tenant shall, agrees to pay Landlord any overage amount within ten (10) days after receiving a written demand thereforfrom Landlord. Landlord will first apply the security deposit to any non-rent obligations, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (such as damages, utilities, or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occurlate fees, and provided Tenant is not will then in default on apply the security deposit to any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Depositunpaid rent.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Security Deposit. In accordance with the Annotated Code of Maryland, Real Property Article, Tenant has deposited with the Landlord/Agent the sum of Dollars (a$ ), receipt of which is hereby acknowledged, which sum does not exceed two (2) Tenant shall deposit with Landlord months’ rent, which is to be held as collateral security and applied on any rent or unpaid utility xxxx that may remain due and owing at the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution expiration of this Lease, as security for any extension thereof or holding over period, or applied to any damages to the premises in excess of ordinary wear and tear caused by the Tenant, the Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease family, guests, employees, agents, or during any extensions or renewals thereofpets, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due damages and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained expenses suffered by Landlord as a result of Tenanta breach of any covenant or provision of this Lease. Tenant may not utilize the security deposit as rent and must not apply the same as the last month’s default or breachrent. The security deposit will be deposited and maintained in an escrow account in a federally insured financial institution which does business in the State of Maryland, and Landlord may so apply or use the Security Deposit without prejudice devoted exclusively to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shallsecurity deposits, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after it has been received. The security deposit may be held in insured certificates of deposit at branches of a federally insured financial institution within the Term State of Maryland or in securities issued by the federal government or the State of Maryland. The Landlord/Agent must provide the Tenant, within forty-five (45) days after the termination of the tenancy by first class mail directed to the last known address of the Tenant, a written list of any damages to the premises together with a statement of costs actually incurred. Within forty-five (45) days after the termination of the tenancy, the Landlord/Agent must return the deposit to the Tenant together with simple interest, which will accrue in the amount of 3% per annum less any damages rightfully withheld. Tenant’s obligations under this Lease may not end when Tenant ceases to occupy the premises. Repairs required may be so substantial or any extension thereofof such a nature that work will not be completed within the forty- five (45) has expired or Tenant has vacated day period following the Premises, whichever shall last occur, and provided Tenant is not then in default on any termination of its obligations hereunderthe tenancy. In such event, Landlord shall reserves the right to pursue Tenant for reimbursement for costs incurred to repair damages to the premises. In the event of a sale of the property upon which the premises are situated or the transfer or assignment by the Landlord/Agent of this Lease, the Landlord/Agent has the obligation to transfer the security deposit to the transferee. After the transfer is made and after written notice of same is given to the Tenant with the name and address of the new Landlord/Agent, Landlord/Agent is released from all liability for the return of the security deposit and the Tenant must look solely to the new Landlord/Agent for the return of his security deposit. It is agreed that the foregoing will apply to every transfer or assignment made of the security deposit to a new Landlord/Agent. In the event of any rightful or permitted assignment of this Lease by the Tenant to any assignee or sublessee, the security deposit is deemed to be held by the Landlord/Agent as a deposit made by the assignee or sublessee and the Landlord/Agent will have no further liability with respect to return of such security deposit to the assignor. The failure of the Landlord to comply with the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, Law may result in the Landlord being liable to the last assignee Tenant for a penalty of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver up to three (3) times the Security Deposit withheld, plus reasonable attorney’s fees. The Landlord or Landlord’s estate, but not the managing agent or court appointed receiver, xxxx Xxxxxxxxxx County Single Family Lease Revised: 02/05 Page 2 of 12 remain liable to the purchaser Tenant for the maintenance of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Depositsecurity deposit as required by law.

Appears in 2 contracts

Samples: Single Family Dwelling Lease, Single Family Dwelling Lease

Security Deposit. (a) Tenant shall deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full Upon execution of this Lease, Tenant shall provide the following amount to Landlord, to be held as a security deposit for the reasonable cleaning or repair of damages to the Property upon the expiration or termination of this lease or in case of default by Tenant’s faithful performance of its obligations under this Lease: $________ (________ dollars). If The security deposit shall not exceed two times the Base Rent shall increase during monthly rent for unfurnished apartments or three times the initial term monthly rent for furnished apartments. The security deposit will be held at the following financial institution: ________________________________ Tenant hereby agrees to be liable to Landlord at the expiration or termination of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at for all times be equal damages to the then current Base Property, except ordinary wear and tear. Landlord may hold the security deposit in a non-interest-bearing account. In such case, no interest is due to Tenant and Tenant may not use the security deposit to cover Rent. Landlord may otherwise elect to hold security deposit in an interest-bearing account and allow Tenant agree that to receive certain interest funds, if applicable. Tenant shall still not be permitted to use the Security Deposit may security deposit to cover any Rent. In case of sale or assignation of the Lease by Landlord, Tenant's security deposit shall be commingled with funds of Landlord transferred to the new owner or assignee and Landlord shall have no obligation or be released from liability to Tenant for payment return of interest on such the security deposit. Tenant Deductions from the security deposit may be made for the following reasons (this list constitutes examples only and is not intended to be exhaustive): unpaid rent or utilities, late fees, cleaning, key replacement, removing abandoned property, and/or attorneys' fees for proceedings against Tenant. Landlord shall not mortgagehave 21 (twenty-one) days in which to return the security deposit and/or an itemized list of deductions, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breachif applicable. If Landlord so uses any of requires deductions which exceed the Security Depositsecurity deposit, Tenant shall, agrees to pay Landlord any overage amount within ten (10) days after receiving a written demand thereforfrom Landlord. Landlord will first apply the security deposit to any non-rent obligations, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (such as damages, utilities, or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occurlate fees, and provided Tenant is not will then in default on apply the security deposit to any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Depositunpaid rent.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

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Security Deposit. (a) Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit set forth at specified in Section 2(h) above, within five (5) business days of the full execution of this Lease, as security for Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease I. Landlord may apply all or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount part of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any unpaid Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or cure any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result defaults of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any part of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, shall restore the Security Deposit to the full its original amount previously deposited; within 10 days after Landlord’s written request. Tenant’s failure to do so shall constitute an act of be a default hereunder under this Lease and the overdue amount shall accrue interest as any delinquent payment. If twice within any 12 month period, late charges are assessed against Tenant by Landlord. Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premisesmay, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit by written notice to Tenant, orrequire Tenant to pay Landlord an amount equal to two months Base Rent as an increase in the Security Deposit, if Tenant has assigned its interest under this Lease, to due within 5 days after Tenant’s receipt of the last assignee of Tenantnotice. If Landlord sells transfers its interest in the Premises, Landlord may deliver shall transfer the Security Deposit to its successor in interest, whereupon Landlord shall be automatically released from any liability for the purchaser return of the Security Deposit. If, at the end of the Term, Tenant has fully complied with all obligations under this Lease, then the remaining Security Deposit shall be returned to Tenant after Landlord has verified that Tenant has fully vacated the Premises, removed all of its property and surrendered the Premises in the condition required; provided that Landlord may hold back a portion of the Security Deposit until final determination of Tenant’s Share of Common Expenses due hereunder, whereupon any final adjustment shall be made and any remaining Security Deposit shall be returned to Tenant. Landlord’s interest and thereupon be relieved of any further liability or obligation obligations with respect to the Security’ Deposit are those of a debtor and not of a trustee, and Landlord can commingle the Security Deposit with Landlord’s general funds and no interest shall be paid to Tenant on the Security Deposit.

Appears in 2 contracts

Samples: Sublease Agreement (ArcherDX, Inc.), Sublease Agreement (ArcherDX, Inc.)

Security Deposit. (a) Tenant shall deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full Upon execution of this Lease, Tenant shall pay Landlord a Security Deposit in the amount of Seven Hundred and Fifty Thousand and 00/100 Dollars ($750,000.00), in the form of the promissory note attached hereto as Exhibit G and incorporated herein (the “Security Deposit Promissory Note”). The Security Deposit Promissory Note shall provide for the total amount due thereunder to be due and payable not later then five (5) days after any Default by Tenant that is not cured within the applicable cure period, if any applies. Provided the Tenant has demonstrated financial viability, as reasonably determined by Landlord or Landlord’s Mortgagee(s), on the fourth anniversary of the Lease Commencement, the principal amount of this Note shall be reduced from Seven Hundred and Fifty Thousand Dollars ($750,000.00) to an amount equal to the Basic Rent for the last Lease Year of the Lease Term. (b) As consideration for Landlord entering into this Lease Agreement the Tenant hereby expressly waives and relinquishes any and all right Tenant may have (i) to any portion of the security deposit paid to Landlord pursuant to the Original Lease, (ii) to earn interest on any cash Security Deposit delivered to Landlord in connection with the Security Deposit Promissory Note hereunder. (c) Tenant hereby deposits with Landlord the Security Deposit, as security for Tenant’s the prompt, full, and faithful performance by Tenant of its obligations under this Lease. If the Base Rent shall increase during the initial term each and every provision of this Lease or during any extensions or renewals thereofand of all obligations of Tenant hereunder. If an Event of Default occurs, Tenant shall at Landlord may use, make demand for payment of the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total full amount of the Security Deposit held Promissory Note and upon receipt thereof, apply, or retain the whole or any part of the Security Deposit for the payment of (i) any Basic Rent or Additional Charges which Tenant may not have paid or which may become due after the occurrence of such Event or Default, (ii) any sum expended by Landlord on Tenant’s behalf in accordance with the provisions of this Lease (including the reimbursement of the un-amortized Tenant Improvement Allowance provided by Landlord), or (iii) any sum which Landlord may expend or be required to expend by reason of Tenant’s default, including damages or deficiency in the re-leasing of the Leased Premises as provided in Section 16. The use, application, or retention of the Security Deposit, or any portion thereof, by Landlord shall at all times be equal to the then current Base Rent. not prevent Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation from exercising any other right or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer remedy provided by this Lease or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect law and shall not be binding upon Landlord. (b) If Tenant fails operate as a limitation on any recovery to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, which Landlord may appropriate and apply or use all or otherwise be entitled. If any portion of the Security Deposit for Rent payments is used, applied or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained retained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use for the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Depositpurpose set forth above, Tenant shallagrees, within ten (10) days after a written demand therefortherefore is made by Landlord, to deposit cash with the Landlord in an amount sufficient to restore the Security Deposit to its original amount. (d) If Tenant shall fully and faithfully comply with all of the full amount previously deposited; Tenant’s failure provisions of this Lease, the Security Deposit, or any balance thereof, shall be returned to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within Tenant within thirty (30) days after the Term expiration of the Term, without interest. In the absence of evidence satisfactory to Landlord of any permitted assignment of the right to receive the Security Deposit, or the remaining balance thereof, Landlord may return the same to the original Tenant, regardless of one or more assignments of Tenant’s interest in this Lease or the Security Deposit. In such event, upon the return of the Security Deposit (or any extension balance thereof) has expired or Tenant has vacated to the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunderoriginal Tenant, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest be completely relieved of liability under this Lease, to Section. (e) In the last assignee event of Tenant. If Landlord sells its a transfer of Landlord’s interest in the Leased Premises, Landlord may deliver shall have the right to transfer the Security Deposit to the purchaser transferee thereof. In such event, upon the delivery by Landlord to Tenant of Landlordsuch transferee’s interest and thereupon written acknowledgement of its receipt of such Security Deposit, Landlord shall be relieved of any further deemed to have been released by Tenant from all liability or obligation for the return of such Security Deposit, and Tenant agrees to look solely to such transferee for the return of the Security Deposit and the transferee shall be bound by all provisions of this Lease relating to the return of the Security Deposit. (f) The Security Deposit shall not be mortgaged, assigned, or encumbered in any manner whatsoever by Tenant without the prior written consent of Landlord, which may be withheld by Landlord in its sole discretion. (g) THE SECURITY DEPOSIT PROMISSORY NOTE SHALL CONTAIN A CONFESSION OF JUDGMENT PROVISION WHICH CONSTITUTES A WAIVER OF IMPORTANT RIGHTS TENANT MAY HAVE AS A DEBTOR AND ALLOWS THE CREDITOR TO OBTAIN A JUDGMENT AGAINST TENANT WITHOUT ANY FURTHER NOTICE. (h) Should any sums become due and payable under the Security Deposit Promissory Note and such sums are not paid when and as due, time being of the essence, the Borrower hereby constitutes and appoints Mxxx Xxxxxxx and/or Cxxxxxxxxxx X. Xxxxxxxx, either of whom may act, as its attorney-in-fact to confess judgment on the Borrower under the Security Deposit Promissory Note for the full sum due thereunder, plus attorney’s fees of 20% of the total amount then outstanding under the Security Deposit Promissory Note, and upon entry of the judgment, the Borrower under the Security Deposit Promissory Note waives the benefit of any and every statute, ordinance, or rule of court which may lawfully waived conferring upon the Borrower under the Security Deposit Promissory Note any right or privilege or exemption, stay of execution or supplemented proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment. The Borrower under the Security Deposit Promissory Note acknowledges that said sum is reasonable as evidenced by Borrowers signature on the Security Deposit Promissory Note. The Borrower under the Security Deposit Promissory Note consents to venue in the Circuit Court of Fairfax County with respect to the institution of an action confessing judgment hereon. The authority and power to appear for and enter judgment against the Borrower under the Security DepositDeposit Promissory Note shall not be exhausted by one or more exercises thereof, or by any imperfect exercise thereof, and shall not be extinguished by any judgment entered pursuant thereto, such authority and power may be exercised on one or more occasions from time to time in the same or different jurisdictions as often as the Lender under the Security Deposit Promissory Note or its assigns shall deem necessary or advisable until all sums due under the Security Deposit Promissory Note are paid in full.

Appears in 2 contracts

Samples: Lease Agreement (Comscore, Inc.), Lease Agreement (Comscore, Inc.)

Security Deposit. (a) Tenant shall agrees to deposit with Landlord the Security Deposit set forth at Section 2(h2(o) above, within five (5) business days of the full upon execution of this Lease, as security for Tenant’s 's faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) . If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s 's default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s 's default or breach, and Landlord may so apply or use the Security Deposit this deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s 's default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefortherefore, restore the Security Deposit to the full amount previously originally deposited; . Tenant’s 's failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section Article 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last Last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this LeaseLease or sublet the entire Premises, to the last assignee or subtenant of Tenant. If Landlord sells its interest in the Premises, Landlord may shall, within a reasonable time, deliver the Security Deposit Deposit, less any lawful deductions made under this Paragraph, to the purchaser of Landlord’s 's interest and thereupon thereafter notify the Tenant by personal delivery or certified mail of the transfer, of any claims made against the Security Deposit, and of the transferee' s name and address. Upon receipt of any portion of the security deposit, the transferee shall have all of the rights and obligations of Landlord with respect to such security deposit, and the Landlord named herein shall thereafter be relieved of any further liability or obligation with respect to the Security Deposit. Tenant waives to the fullest extent permitted by law any provision of law now in force or that becomes in force after the date of execution of this Lease, which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy default in the payment of Rent, to repair damage caused by Tenant, or to clean the Premises. Landlord and Tenant agree that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other foreseeable or unforeseeable loss or damage caused by the act or omission of Tenant or any agent or invitee of Tenant, including but not limited to future Rent to the extent recoverable from Tenant under applicable laws.

Appears in 2 contracts

Samples: Office Suite Lease Agreement (High Desert Holding Corp.), Office Suite Lease Agreement (High Desert Holding Corp.)

Security Deposit. (a) Tenant shall deposit has deposited with Landlord the sum of [*] and [*]/100 Dollars ($[*]) as security for the full and faithful performance of all of the obligations of Tenant under this Lease (all or any part of such amount, the “Security Deposit”). If an Event of Default shall occur under this Lease, Landlord may use, apply or retain all or any part of the Security Deposit set forth at Section 2(h) abovefor the payment of any Fixed or Additional Rent or any other sum in default or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of such Event of Default, or to compensate Landlord for any other loss, cost or damage which Landlord may suffer by reason of such Event of Default. Tenant shall, within five (5) business days of the full execution of this Lease, as security for Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increaseBusiness Days after notice from Landlord, deposit with Landlord funds as cash or a letter of credit in an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal sufficient to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously deposited; then required pursuant to the terms of this Article 30. Tenant’s obligation to make such payment shall be deemed a requirement that Tenant pay an item of Additional Rent, and Tenant’s failure to do so shall constitute an act be a breach of default hereunder and this Lease. Landlord shall have not, unless otherwise required under applicable Law, pay interest to Tenant on the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occurSecurity Deposit, and provided Tenant if Landlord is not then in default on any of its obligations hereunder, Landlord shall return required to maintain the Security Deposit to Tenant, or, if Tenant has assigned its in an interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premisesbearing account, Landlord may deliver will retain the maximum amount permitted under applicable Laws as a bookkeeping and administrative charge. Tenant shall not assign or encumber any part of the Security Deposit, and no assignment or encumbrance by Tenant of all of any part of the Security Deposit shall be binding upon Landlord, whether made prior to, during, or after the Term. Landlord shall not be required to the purchaser of Landlord’s interest and thereupon be relieved of any further liability exhaust its remedies against Tenant or obligation with respect to against the Security DepositDeposit before having recourse to any other form of security held by Landlord, and recourse by Landlord to any portion of the Security Deposit shall not affect any remedies of Landlord provided in this Lease or available to Landlord under applicable Laws. So long as no Event of Default shall then have occurred and be continuing, the Security Deposit or any balance thereof shall be returned to Tenant reasonably promptly after the expiration or sooner termination (other than a termination pursuant to Article 16) of the Term and Tenant’s surrender to Landlord of the Premises. * CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.

Appears in 2 contracts

Samples: Sublease (Switch & Data, Inc.), Sublease (Switch & Data, Inc.)

Security Deposit. (a) Tenant shall deposit has deposited with Landlord the Security Deposit set forth at in Section 2(h1(s) above, within five (5) business days of the full execution of this Lease, hereof as security for Tenant’s the full and faithful performance of its obligations under every provision of this Leaselease to be performed by Tenant. If the Base Rent shall increase during the initial term Tenant defaults with respect to any provision of this Lease or during any extensions or renewals thereoflease, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal including but not limited to the then current Base Rent. Landlord and Tenant agree that provisions relating to the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereofRent, Landlord may appropriate and use, apply or use retain all or any portion part of the Security Deposit for the payment of any Rent payments and any other sum in default, or for the payment of any other amount then due and unpaid, for payment of any amount for which Landlord has may spend or become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have spend by reason of Tenant’s default or breachto compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant’s default. If any portion of the Security Deposit is so used or applied, Tenant shall within five (5) days after written demand therefor deposit cash with Landlord or Landlord’s beneficiaries in an amount sufficient to restore the Security Deposit to its original amount, and Tenant’s failure to do so shall be a material breach of this lease. Except to the extent required by law, Landlord shall not be required to keep the Security Deposit separate from its or their general funds and Tenant shall not be entitled to interest on the Security Deposit. If Tenant shall fully and faithfully perform each and every provision of this lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or at Landlord’s option to the last permitted assignee of Tenant’s interest hereunder, if any) within thirty (30) days after the expiration of the lease Term and Tenant’s vacation of the Premises. Landlord may deliver the Security Deposit funds deposited hereunder by Tenant to the purchaser of Landlord’s interest in the Project, in the event that such interest is sold, transferred or conveyed, and thereupon Landlord shall be discharged from any further liability with respect to the Security Deposit. (b) In lieu of a cash Security Deposit, Tenant may deliver to Landlord a clean, irrevocable, non-documentary and unconditional Letter of Credit issued by and drawn upon any commercial bank, trust company, national banking association or savings and loan association having offices for banking purposes in the City of Chicago and which is a member of the Chicago Clearinghouse association (the “Issuing Bank”) and which (or the parent company of which) shall have outstanding unsecured, uninsured and unguaranteed indebtedness, or shall have issued a letter of credit or other credit facility that constitutes the primary security for any outstanding indebtedness (which is otherwise uninsured and unguaranteed), that is then rated, without regard to qualification of such rating by symbols such as “+” or “-” or numerical notation, “Aa” or better by Xxxxx’x Investors Service and “AA” or better by Standard & Poor’s Corporation, and has combined capital, surplus and undivided profits of not less than $500,000,000.00, which Letter of Credit shall have a term of not less than one year, be in form and content satisfactory to Landlord (and substantially as shown on Exhibit I to this Lease), be for the account of Landlord, be in the amount of the Security Deposit then required to be deposited hereunder, and be fully transferable by Landlord to successor owners of the Building without the payment of any fees or charges, it being agreed that if any such fees or charges shall be so imposed, then such fees or charges, shall be paid by Tenant. The Letter of Credit shall provide that it shall be deemed automatically renewed, without amendment, for consecutive periods of one (1) year each thereafter during the term of this Lease, unless the Issuing Bank sends notice (the “Non-Renewal Notice”) to Landlord by certified mail, return receipt requested, not less than thirty (30) days next preceding the then expiration date of the Letter of Credit that it elects not to have such Letter of Credit renewed. Additionally, the Letter of Credit shall provide that Landlord shall have the right, exercisable upon its receipt of the Non-Renewal Notice, by sight draft on the Issuing Bank, to receive the monies represented by the existing Letter of Credit and in such event, Landlord shall hold such proceeds pursuant to the terms of this Section as a cash security pending the replacement of such Letter of Credit. If a Default shall have occurred and be continuing with respect to any provision of this Lease, including but not limited to the provisions relating to the payment of Rent, Landlord may apply or retain the whole or any part of the cash security so deposited or may notify the Issuing Bank and thereupon receive all the monies represented by the Letter of Credit and use, apply, or retain the whole or any part of such proceeds, as provided in this Section. Any portion of the cash proceeds of the Letter of Credit not so used or applied by Landlord in satisfaction of the obligations of Tenant as to which such Default shall have occurred shall be retained by Landlord as a cash Security Deposit as provided herein. If Landlord so uses applies or retains any part of the Security Depositcash security or proceeds of the Letter of Credit, as the case may be, Tenant shall, within ten five (105) days after written demand therefor, restore deposit with Landlord the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and applied or retained so that Landlord shall have the right full Security Deposit required pursuant to exercise any remedy provided for this Section on hand at Section 27 hereofall times during the Term. Within If Tenant shall fully and faithfully comply with all of the term, provisions, covenants and conditions of this Lease, the Letter of Credit shall be returned to Tenant after the Expiration Date and after delivery of possession of the Premises to Landlord. In the event of a sale of Landlord’s interest in the Premises, within thirty (30) days after of notice of such sale or leasing, Tenant, at Tenant’s sole cost and expense, shall arrange for the Term (transfer of the Letter of Credit to the new landlord, as designated by Landlord, or any extension thereof) has expired or have the Letter of Credit reissued in the name of the new landlord and Landlord shall thereupon be released by Tenant has vacated from all liability for the Premisesreturn of the Letter of Credit; provided, whichever shall last occurhowever, and provided Tenant that if the Letter of Credit is not then in default on any of its obligations hereunderreissued, Landlord shall return the Security Deposit original Letter of Credit issued in Landlord’s name to Tenant. In the event Tenant brings any action or proceeding to enforce Landlord’s obligations or determine Landlord’s rights to draw upon an Letter of Credit issued to Landlord hereunder, orand as a result of such action or proceeding, if a court of competent jurisdiction issues a final, unappealable order or judgment finding that Landlord has drawn upon such Letter of Credit in violation of the provisions hereof, then Tenant has assigned its interest under this Leaseshall, subject to the last assignee provisions of local law, be entitled to recover from Landlord all reasonable expenses of attorney’s fees, paralegal fees and costs, expenses and disbursements incurred by Tenant in such action or proceeding, without the necessity for a cross-action by Tenant. If Landlord sells its interest Such reimbursement shall include all such expenses incurred in the Premises, Landlord may deliver the Security Deposit to the purchaser connection with any such action or proceeding and at all levels of Landlord’s interest appeal and thereupon be relieved of any further liability or obligation with respect to the Security Depositpost judgment proceedings.

Appears in 2 contracts

Samples: Office Lease (Archipelago Holdings L L C), Office Lease (Archipelago Holdings L L C)

Security Deposit. Within ten (a10) Tenant business days after the parties’ execution of this Sublease and receipt of Master Landlord’s consent hereto, Subtenant shall deposit with Landlord the Sublandlord upon Subtenant’s execution hereof ($175,000.00) one hundred seventy five thousand dollars (“Security Deposit set forth at Section 2(hDeposit”) above, within five (5) business days of the full execution of this Lease, as security for TenantSubtenant’s faithful performance of its Subtenant’s obligations under this Leasehereunder. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant Subtenant fails to pay any Rent or other amount when charges due and payable under this Leasehereunder, or fails otherwise defaults with respect to perform any provision of the terms hereofthis Sublease, Landlord in either case beyond applicable notice and cure periods, Sublandlord may appropriate and use, apply or use retain all or any portion of the Security Deposit for the payment of Rent payments or any other amount then due and unpaid, charge in default or for the payment of any amount for other sum to which Landlord has Sublandlord may become obligated as a result by reason of TenantSubtenant’s default default, or breach, and to compensate Sublandlord for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord which Sublandlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breachsuffer thereby. If Landlord Sublandlord so uses or applies all or any portion of the Security Deposit, Tenant shall, Subtenant shall within ten (10) days after written demand therefor, therefor deposit cash with Sublandlord in an amount sufficient to restore the Security Deposit to the its full amount previously deposited; Tenantamount, and Subtenant’s failure to do so shall constitute an act be a material breach of default hereunder and Landlord this Sublease. Sublandlord shall have the right not be required to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return keep the Security Deposit separate from its general accounts and the Security Deposit shall not bear interest. At the expiration of the Term hereof and following performance of all of Subtenant’s obligations hereunder (including, without limitation, vacation of the Premises in accordance with the provisions hereof), the Security Deposit, or so much thereof as has not theretofore been applied by Sublandlord, shall be returned, without payment of interest or other incurment for its use to Tenant, or, if Tenant has assigned its interest under this LeaseSubtenant (or at Sublandlord’s option, to the last assignee assignee, if any, of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of LandlordSubtenant’s interest hereunder). No trust relationship is created herein between Sublandlord and thereupon be relieved of any further liability or obligation Subtenant with respect to the Security Deposit. Any deposit under the Master Lease which may be returned by the Master Landlord shall be the property of Sublandlord.

Appears in 2 contracts

Samples: Sublease (Five Prime Therapeutics Inc), Sublease (Five Prime Therapeutics Inc)

Security Deposit. (a) Tenant shall deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full upon execution of this Lease, Lease pay to Landlord the sum of Twenty-Two Thousand Nine Hundred Seventy-Three Dollars and Fifty-Eight Cents ($22,973.58) to be held by Landlord as security for Tenant’s faithful the performance by Tenant of its all obligations under this Leaseimposed on Tenant hereunder. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall perform all such obligations, said sum shall be refunded to Tenant, without interest, at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount end of the Security Deposit held by Lease Term. If Tenant shall default in any such obligation, Landlord shall at all times be equal entitled to apply such sum, pro tanto, toward Landlord's damages. Notwithstanding the then current Base Rent. Landlord and above Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise replace the cash earlier delivered to Landlord or to initially substitute for same by delivery to Landlord of an unconditional and irrevocable Letter of Credit from an area banking institution approved by Landlord in the amount of Twenty-Two Thousand Nine Hundred Seventy-Three Dollars and Fifty-Eight Cents ($22,973.58) to be held by Landlord as a guaranty for the performance by Tenant of all those covenants and obligations of Tenant as set forth in the Lease. Said Letter of Credit shall contain terms whereby it can be drawn on by Landlord at sight on any remedy date during the Term of the Lease on which issuer shall receive from Landlord a certification signed by Landlord stating that Tenant is in material default under the terms of the Lease. Landlord shall after five (5) days written notice first given to Tenant have the right to make such certification upon any material breach of any provision of this Lease by Tenant and to apply said sum against all amounts then due and owing by Tenant hereunder and/or against sums required to be and actually expended by Landlord hereunder to correct existing defaults by Tenant. Any balance left of the sum received from drawing on the Letter of Credit, after the correction of defaults by Tenant and/or the payment of amounts due by Tenant, shall be credited against the next Rent payment due to Landlord. In the event Landlord shall draw on any Letter of Credit as provided for at Section 27 hereof. Within by Tenant, all as set forth herein, Tenant shall replace same no later than thirty (30) days after the date of such drawing, and if same is not replaced it shall constitute a default under the terms of the Lease and Landlord shall have the benefit of all remedies permitted pursuant to the terms of the Lease and the laws of the State of Maryland. Tenant acknowledges and agrees that it shall keep the Letter of Credit in full force and effect throughout the Term (or of this Lease and any extension or renewal thereof) has expired or Tenant has vacated . In the Premises, whichever shall last occur, and provided Tenant event the term of the Letter of Credit is not coterminous with the Term of this Lease, then in default not more than forty-five (45) days prior to any expiration date of the Letter of Credit, Tenant shall provide Landlord with the appropriate documentation that said Letter of Credit has been extended and provide Landlord with the new expiration date of same. Should Tenant fail to provide Landlord with such documentation on any or before the expiration date of its obligations hereunderthe Letter of Credit, Landlord shall return have the Security Deposit right to draw on the entire amount of said Letter of Credit and hold it, without interest, for the benefit of Landlord as security for the faithful performance of the Lease until the Letter of Credit is reinstated or the Term of the Lease expires. If the Letter of Credit is not reinstated, the amount drawn by Landlord shall be returned to Tenant, or, if Tenant has assigned its interest under this less all costs incurred by Landlord in correcting or satisfying any default of the Lease, to within a reasonable time after the last assignee execution or earlier termination of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security DepositLease.

Appears in 2 contracts

Samples: Lease Agreement (Digitalnet Holdings Inc), Lease Agreement (Digitalnet Holdings Inc)

Security Deposit. (a) Tenant shall deposit with Landlord Within fifteen (15) days after the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution and delivery of this Lease, as security for Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at deliver to Landlord [**] Dollars ($[**]) (the time of such increase, deposit with Landlord funds as an additional “Security Deposit”). The Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlordin the form of cash. (b) If The Security Deposit as provided in this Section 19 is security for the faithful performance and observance by Tenant fails to pay any Rent or other amount when due of the terms, provisions and payable under conditions of this Lease, or fails to perform . It is agreed that in the event Tenant defaults in respect of any of the terms hereofterms, provisions and conditions of this Lease or would be in default but for the passage of time or the giving of notice or both that is interrupted, stayed, barred or tolled by applicable law or legal proceeding, Landlord may appropriate and use, apply or use all retain the whole or any portion part of the Security Deposit for Rent payments or any other amount then due and unpaid, to the extent required for payment of any amount Rent, or any other sum as to which Tenant is in default or for any sum which Landlord has become obligated as a result may expend or may be required to expend by reason of Tenant’s default in respect of any of the terms, covenants and conditions of this Lease, including but not limited to any damage or breachdeficiency accrued before or after summary proceedings or other re-entry by Landlord, including the costs of such proceeding or re-entry and for any loss or damage sustained by further including, without limitation, reasonable attorney’s fees. It is agreed that Landlord as a result of Tenant’s default or breach, and Landlord may so shall always have the right to apply or use the Security Deposit Deposit, or any part thereof, as aforesaid, without notice (except for the notice and cure periods provided in Section 18 hereof) and without prejudice to any other remedy or remedies which Landlord may have by reason have, or Landlord may pursue any other such remedy or remedies in lieu of applying the Security Deposit or any part thereof. The Security Deposit shall be deposited in a separate account and Landlord shall accrue the interest thereon for the benefit of Tenant and credit same to Tenant at the commencement of each calendar year. Upon the commencement of the fifth (5th) Lease Year, and in the event that Tenant is not then in default under the terms and provisions of this Lease beyond any applicable cure period and has not been in default under this Lease which default remained uncured for more than thirty (30) days, Landlord shall reimburse fifty percent (50%) of the Security Deposit to Tenant’s default or breach. If Landlord so uses any of shall apply the Security DepositDeposit in whole or in part, Tenant shall, within ten (10) days after written shall upon demand therefor, pay to Landlord the amount so applied to restore the Security Deposit to its original amount (as adjusted pursuant to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereofpreceding sentence). Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated end of the Premises, whichever shall last occur, Lease and provided Tenant is not then delivery of the Premises in default on any of its obligations hereunderaccordance with the terms hereof, Landlord shall return the Security Deposit (or whatever amount remains after Landlord exercises its other rights hereunder) to Tenant, or, if Tenant has assigned its interest under this Lease, to . In the last assignee event of Tenant. If Landlord sells its interest in a sale or other transfer of the PremisesBuilding of which the Premises are a part, Landlord may deliver shall transfer the Security Deposit then remaining to the purchaser of Landlord’s interest or transferee and Landlord shall thereupon be relieved released from all liability for the return of such Security Deposit to Tenant; and Tenant agrees to look solely to the new landlord for the return of the Security Deposit then remaining. The holder of any further liability or obligation with respect mortgage upon the Building of which the Premises are a part shall never be responsible to Tenant for the Security DepositDeposit or its application or return unless the Security Deposit shall actually have been received in hand by such holder. Tenant further covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and that neither Landlord nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance. This Section shall survive the termination of the Lease.

Appears in 2 contracts

Samples: Lease Agreement (NxStage Medical, Inc.), Lease Agreement (NxStage Medical, Inc.)

Security Deposit. (a) Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit. The Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution of this Lease, shall be held by Landlord as security for Tenant’s the faithful performance of its obligations under this Lease. If all the Base Rent shall increase during the initial term terms of this Lease to be observed and performed by Tenant. The Security Deposit shall not be mortgaged, assigned, transferred or during encumbered by Tenant and any extensions or renewals thereof, such act on the part of Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or and effect and shall not be binding upon Landlord. (b) . Tenant shall cause the Security Deposit to be maintained throughout the term in the amount set forth in Section 1.1. If Tenant fails to pay any the Annual Fixed Rent or other amount when due Additional Rent payable hereunder shall be overdue and payable under this Leaseunpaid or should Landlord make any payment on behalf of the Tenant, or fails Tenant shall fail to perform any of the terms hereofof this Lease, then Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply or use all or any portion of the entire Security Deposit for Rent payments or any other amount then due and unpaid, for so much thereof as may be necessary to compensate Landlord toward the payment of any amount for which Landlord has become obligated as a result of Tenant’s default Annual Fixed Rent, Additional Rent or breach, and for any other sums or loss or damage sustained by Landlord as a result of due to such breach by Tenant’s default or breach, provided that Landlord shall not appropriate and Landlord may so apply or use the Security Deposit without prejudice to on account of any other remedy Landlord may have breach of this Lease by reason of Tenant unless Tenant’s default or breach. If Landlord so uses breach of this Lease shall have ripened into a Default of Tenant (i.e. after any applicable notice and expiration of the Security Deposit, any applicable cure period); and Tenant shall, within ten (10) days after written shall forthwith upon demand therefor, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder stated in Section 1.1 upon written demand by Landlord, and Landlord until Tenant shall have so restored the right Security Deposit to exercise any remedy provided the amount required by Section 1.1, Tenant shall be deemed to be in default in the payment of Additional Rent for at purposes of Section 27 8.1(a)(I) hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or So long as Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then be in default on any of its obligations hereunderunder this Lease, Landlord shall return the Security Deposit Deposit, or so much thereof as shall have not theretofore been applied in accordance with the terms of this Section 4.7, to TenantTenant promptly following the expiration or earlier termination of the term of this Lease and the surrender of possession of the Premises by Tenant to Landlord in accordance with the terms of this Lease. While Landlord holds the Security Deposit, or, if Tenant has assigned its Landlord shall have no obligation to pay interest on the same and shall have the right to commingle the same with Landlord’s other funds. If Landlord conveys Landlord’s interest under this Lease, the Security Deposit, or any part thereof not previously applied, shall be turned over by Landlord to the last assignee Landlord’s grantee, and Tenant shall look solely to such grantee for proper application of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit in accordance with the terms of this Section 4.7 and the return thereof in accordance herewith. The holder of a mortgage on the Property shall not be responsible to Tenant for the return or application of the Security Deposit, whether or not it succeeds to the purchaser position of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to Landlord hereunder, unless such holder actually receives the Security Deposit.

Appears in 2 contracts

Samples: Lease Agreement (Leap Therapeutics, Inc.), Lease Agreement (Leap Therapeutics, Inc.)

Security Deposit. (a) Tenant shall deposit Simultaneously with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution and delivery of this Lease, as security for Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of deliver the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgageLandlord, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so which shall be voidin the form of an irrevocable letter of credit (“Letter of Credit”) in the amount set forth in Section 1.3 hereof, without force or effect and shall not be binding upon Landlordwhich satisfies the conditions of this Lease. (b) If Such Letter of Credit must satisfy all of the following conditions: (i) the Letter of Credit must be in the form of Exhibit E hereto or in such other form as is approved by Landlord in its sole and absolute discretion, with an expiration date not less than ninety (90) days after this Agreement terminates or expires; (ii) the beneficiary of the Letter of Credit must be Landlord or Landlord’s designee; (iii) the Letter of Credit must be irrevocable, unconditional and transferable one or more times without charge; (iv) the Letter of Credit must be issued by a bank satisfactory to Landlord in its sole and absolute discretion; (v) the Letter of Credit must provide that it may be drawn at a location in Boston, Massachusetts or another location acceptable to Landlord, and (vi) the Letter of Credit must be in a form approved by the Mortgagee (as hereinafter defined) in its reasonable discretion. If, at any time, the issuer of the Letter of Credit gives notice of its election not to renew, extend and/or reissue and/or not to honor the Letter of Credit, then Tenant shall, on or before thirty (30) days prior to the expiration of the term of the Letter of Credit, deliver to Landlord (1) a replacement Letter of Credit satisfying all of the above conditions or (2) cash in the full amount of the expiring Letter of Credit; and if Tenant fails to pay any Rent timely deliver to Landlord a replacement Letter of Credit as provided above or other cash in the full amount when due of the expiring Letter of Credit, Landlord may draw on the Letter of Credit and payable under this Lease, or fails hold and apply the proceeds of such drawing as the Security Deposit pursuant to perform any of the terms hereof. If (x) Landlord shall, Landlord may appropriate and apply or use all or any portion in Landlord’s sole discretion, feel insecure with the creditworthiness of the Security Deposit for Rent payments or any other amount then due bank issuing the Letter of Credit and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shallshall fail, within ten (10) days after written demand therefornotice, to either provide a replacement Letter of Credit as provided above or provide Landlord cash in the full amount of the existing Letter of Credit, or (y) Tenant fails to provide Landlord with cash in the full amount of the Letter of Credit within ten (10) days after (I) any proceedings under the Bankruptcy Code or any insolvency law are instituted with the bank as debtor or (II) the bank issuing the Letter of Credit is anticipated, in Landlord’s reasonable opinion, to be taken over or is taken over by the Federal Deposit Insurance Corporation, the Resolution Trust Corporation or a similar entity, then such failure by Tenant under clauses (x) or (y) of this sentence shall constitute a default and, in addition to any other rights which Landlord might have by reason of such default, Landlord may draw on the Letter of Credit and hold and apply the proceeds of such drawing as part of the Security Deposit pursuant to the terms hereof. Tenant shall be responsible to pay Landlord for all actual out-of-pocket costs and expenses, including reasonable attorneys’ fees arising out of or related to a draw on the Letter of Credit. Subject to Landlord’s right to require a replacement letter of credit as provided above if the Landlord shall hereafter feel insecure with the creditworthiness of Xxxxx Fargo Bank, National Association, Landlord hereby approves the use of Xxxxx Fargo Bank, National Association as the initial issuing bank for the Letter of Credit. (c) The Security Deposit is security for the faithful performance and observance by Tenant of the terms, provisions and conditions of this Lease. It is agreed that in the event Tenant defaults in respect of any of the terms, provisions and conditions of this Lease or would be in default but for the passage of time or the giving of notice or both or if such passage of time or giving of notice is interrupted, stayed, barred or tolled by applicable law or legal proceeding or at the end of the Lease Term, Landlord may use, apply or retain the whole or any part of the Security Deposit without notice to Tenant and to the extent required for payment of any Base Rent, Additional Rent, or any other sum that is due Landlord or for any sum which Landlord may expend or may be required to expend pursuant to this Lease, including but not limited to any damage or deficiency accrued before or after summary proceedings or other re-entry by Landlord, including the costs of such proceeding or re-entry and further including, without limitation, reasonable attorney’s fees. It is agreed that Landlord shall always have the right to apply the Security Deposit, or any part thereof, as aforesaid, without notice and without prejudice to any other remedy or remedies which Landlord may have, or Landlord may pursue any other such remedy or remedies in lieu of applying the Security Deposit or any part thereof. No interest shall be payable on the Security Deposit, and Landlord has the right to commingle the Security Deposit with other funds of Landlord. If Landlord shall apply the Security Deposit in whole or in part, Tenant shall, upon demand, pay to Landlord the amount so applied to restore the Security Deposit to its original amount. Because Taxes, Operating Costs and other Additional Rent are subject to annual reconciliation based on actual amounts (together with all other amounts due from Tenant to Landlord, collectively referred to herein as “Final Amounts Due”) determined to be due, in addition to the full amount previously deposited; Tenant’s failure other rights provided herein to do so shall constitute an act of default hereunder Landlord regarding the Security Deposit and notwithstanding anything to the contrary contained herein, Landlord shall have the right right, in its sole discretion, upon the end of the Lease Term and Tenant’s yield-up of the Premises in accordance with the terms of this Lease to exercise any remedy provided for at Section 27 hereof. Within thirty hold all or a portion of the Security Deposit (30or whatever amount remains after Landlord exercises its other rights hereunder), including, without limitation, drawing on a Letter of Credit, until ninety (90) days after the Term termination or earlier expiration of this Lease and Tenant yielding up the Premises pursuant and satisfying the other provisions of this Lease (“Outside Determination Date”), by which time (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunderan earlier date at Landlord’s election), Landlord shall do the following: (i) if the Final Amounts Due are known, Landlord shall deduct the Final Amounts Due from the remaining Security Deposit and return any balance of the Security Deposit to Tenant, orand (ii) if the Final Amounts Due are not known Landlord shall estimate the Final Amounts Due by the Outside Determination Date and deduct the Final Amounts Due from the remaining Security Deposit, with any adjustments to be made once the Final Amounts due are determined. If the remaining Security Deposit, if any, is not sufficient to pay Tenant’s obligations hereunder, Tenant has assigned its interest under this Leaseshall pay the same within ten (10) days of billing from Landlord. In the event of a sale or other transfer of Landlord’s Property, or leasing of the entire Landlord’s Property including the Premises subject to the last assignee of Tenant. If Landlord sells its interest in the Premises’s tenancy hereunder, Landlord may deliver shall transfer the Security Deposit then remaining to the purchaser or other transferee and Landlord shall thereupon be released from all liability for the return of such Security Deposit to Tenant; and Tenant agrees to look solely to the new landlord for the return of the Security Deposit then remaining. The holder of any mortgage upon Landlord’s interest and thereupon Property shall never be relieved of any further liability or obligation with respect responsible to Tenant for the Security DepositDeposit or its application or return unless the Security Deposit shall actually have been received in hand by such holder. Tenant further covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and that neither Landlord nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance. This Section shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Quanterix Corp)

Security Deposit. (a) Tenant shall Xxxxxx agrees to deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full 2.0 upon execution of this Lease, as security for Tenant’s Xxxxxx's faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) . If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s 's default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s 's default or breach, and Landlord may so apply or use the Security Deposit this deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s 's default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously originally deposited; Tenant’s 's failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section Article 27 hereof. Within thirty fifteen (3015) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit this deposit to the purchaser of Landlord’s 's interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 2 contracts

Samples: Office Building Lease, Office Building Lease (Money Store Inc /Nj)

Security Deposit. (a) Tenant shall deposit has deposited with Landlord the sum of Five Hundred Thousand and 00/100 Dollars ($500,000.00) as security for the full and faithful performance of all of the obligations of Tenant under this Lease (all or any part of such amount, the “Security Deposit”). If an Event of Default shall occur under this Lease, Landlord may use, apply or retain all or any part of the Security Deposit set forth at Section 2(h) abovefor the payment of any Fixed or Additional Rent or any other sum in default or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of such Event of Default, or to compensate Landlord for any other loss, cost or damage which Landlord may suffer by reason of such Event of Default. Tenant shall, within five (5) business days of the full execution of this Lease, as security for Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increaseBusiness Days after notice from Landlord, deposit with Landlord funds as cash or a letter of credit in an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal sufficient to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously deposited; then required pursuant to the terms of this Article 30. Tenant’s obligation to make such payment shall be deemed a requirement that Tenant pay an item of Additional Rent, and Tenant’s failure to do so shall constitute an act be a breach of default hereunder and this Lease. Landlord shall have not, unless otherwise required under applicable Law, pay interest to Tenant on the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occurSecurity Deposit, and provided Tenant if Landlord is not then in default on any of its obligations hereunder, Landlord shall return required to maintain the Security Deposit to Tenant, or, if Tenant has assigned its in an interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premisesbearing account, Landlord may deliver will retain the maximum amount permitted under applicable Laws as a bookkeeping and administrative charge. Tenant shall not assign or encumber any part of the Security Deposit, and no assignment or encumbrance by Tenant of all of any part of the Security Deposit shall be binding upon Landlord, whether made prior to, during, or after the Term. Landlord shall not be required to the purchaser of Landlord’s interest and thereupon be relieved of any further liability exhaust its remedies against Tenant or obligation with respect to against the Security DepositDeposit before having recourse to any other form of security held by Landlord, and recourse by Landlord to any portion of the Security Deposit shall not affect any remedies of Landlord provided in this Lease or available to Landlord under applicable Laws. So long as no Event of Default shall then have occurred and be continuing, the Security Deposit or any balance thereof shall be returned to Tenant reasonably promptly after the expiration or sooner termination (other than a termination pursuant to Article 16) of the Term and Tenant’s surrender to Landlord of the Premises.

Appears in 2 contracts

Samples: Sublease (Switch & Data, Inc.), Sublease (Switch & Data, Inc.)

Security Deposit. (a) Tenant shall deposit with Landlord shall, upon the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution of this Lease, deposit with Landlord as security for Tenant’s faithful the payment of rent and the performance of its obligations under this Leaseall other covenants to be performed by Tenant, the sum of One Thousand, Eight hundred And Fifty + no/100 dollars ($1,850.00). Said security deposit shall be non-interest bearing. If Tenant defaults in the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Leasemonthly rental installment, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, covenant within ten three (103) days after receipt of written demand therefor, restore Landlord, at its option, may apply sufficient sums from the Security Deposit security deposit towards payment thereof. If Landlord elects to so apply the full security deposit, Tenant shall be obligated to immediately replenish the security deposit for the amount previously deposited; Tenant’s failure so applied by Landlord. The total security deposit shall be held by Landlord until expiration of the initial term or until expiration of any renewal term if any renewal option which exists is exercised, and the unused portion of the security deposit shall be refunded by Landlord to do so shall constitute an act Tenant at the end of default hereunder and the Term of this Lease or any renewal thereof. Provided, however, the Landlord shall have may hold the right to exercise any remedy provided security deposit for at Section 27 hereof. Within a period of thirty (30) days after following surrender of the Term (or any extension thereof) has expired or Tenant has vacated possession of the Premises, whichever shall last occurand may deduct from the amount refunded any rental due and payable, the costs of repairing any damage or replacing any damaged portion of the Premises or of the Building or other real estate of which the Premises form a part and provided the costs of cleaning the same if the Tenant fails to do so prior to surrender of possession. Provided, however, said Security Deposit does not constitute a limitation of any kind to a claim by Landlord against Tenant for nonpayment of rentals or other sums under this Lease or for costs of repair, replacement and cleaning of the Premises as discussed herein. In the event proceedings begin it is not then in default on any of its obligations hereunder, Landlord shall return agreed that the Security Deposit held hereunder shall be deemed to Tenant, or, if Tenant has assigned its interest under this Lease, be applied first to rent and other charges first due to Landlord for all periods prior to the last assignee filing of Tenantany such proceedings. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit The security deposit shall not be applied to the purchaser rent except upon approval of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 2 contracts

Samples: Lease Agreement (Iradimed Corp), Lease Agreement (Iradimed Corp)

Security Deposit. (a) Tenant shall deposit with has this day paid to Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution of this Lease, to be held by Landlord as security for the payment and performance by Tenant of all obligations imposed on Tenant hereunder, in an account the proceeds of which may be commingled by Landlord with any other account or proceeds. If Tenant shall perform all such obligations, the Security Deposit shall be refunded to Tenant’s faithful performance , without interest, following the end of its obligations under this Leasethe Term. If Tenant shall default in any such obligation and such default shall continue beyond all applicable cure periods, Landlord shall be entitled to apply all or any portion of the Security Deposit, pro tanto, to cure any such default, and Tenant shall replenish the Security Deposit to the full amount within thirty (30) days after receipt of a written notice from Landlord which sets forth the amount to be replenished. If the Base Rent Security Deposit is not fully restored, it shall increase during constitute an immediate Event of Default (as defined in Section 21) under the initial term terms of this the Lease (without need of notice or during the expiration of any extensions cure period), and Landlord shall have the benefit of all remedies permitted pursuant to the terms of the Lease and the laws of the State of Maryland. The Security Deposit shall not be considered an advance payment of rent or renewals thereofa measure of Landlord’s damages in case of default by Tenant. In the event of the sale or transfer of Landlord’s interest in the Building, Landlord shall have the right to transfer the Security Deposit to the purchaser or transferee and upon such transfer Tenant shall at look only to the time new landlord for the return of such increase, deposit with Landlord funds as an additional the Security Deposit so that and Landlord shall thereupon be released from all liability to Tenant for the total return of or accounting for the Security Deposit.” Notwithstanding anything contained herein to the contrary, there shall be no reduction in the amount of the Security Deposit held by Landlord shall at all times be equal prior to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any expiration of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 2 contracts

Samples: Agreement of Lease (Osiris Therapeutics, Inc.), Agreement of Lease (Osiris Therapeutics, Inc.)

Security Deposit. (a) Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit. The Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution of this Lease, shall be held by Landlord as security for Tenant’s the faithful performance of its obligations under this Lease. If all the Base Rent shall increase during the initial term terms of this Lease to be observed and performed by Tenant. The Security Deposit shall not be mortgaged, assigned, transferred or during encumbered by Tenant and any extensions or renewals thereof, such act on the part of Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or and effect and shall not be binding upon Landlord. (b) . If Tenant fails to pay any the Annual Fixed Rent or other amount when due Additional Rent payable hereunder shall be overdue and payable under this Leaseunpaid or should Landlord make any payment on behalf of the Tenant, or fails Tenant shall fail to perform any of the terms hereofof this Lease, then Landlord may, at its option, upon not less than three (3) days' prior notice to Tenant, but without prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply or use all or any portion of the entire Security Deposit for Rent payments or any other amount then due and unpaid, for so much thereof as may be necessary to compensate Landlord toward the payment of any amount for which Landlord has become obligated as a result of Tenant’s default Annual Fixed Rent, Additional Rent or breach, and for any other sums or loss or damage sustained by Landlord as a result of due to such breach by Tenant’s default or breach, ; and Landlord may so apply or use Tenant shall forthwith upon demand restore the Security Deposit without prejudice to any the original sum deposited. So long as Tenant shall not be in default of its obligations under this Lease, Landlord shall return the Security Deposit, or so much thereof as shall have not theretofore been applied in accordance with the terms of this Section 4.9, to Tenant promptly following the expiration or earlier termination of the term of this Lease and the surrender of possession of the Premises by Tenant to Landlord in accordance with the terms of this Lease. While Landlord holds the Security Deposit, Landlord shall have no obligation to pay interest on the same and shall have the right to commingle the same with Landlord's other remedy Landlord may have by reason of Tenant’s default or breachfunds. If Landlord so uses conveys Landlord's interest under this Lease, the Security Deposit, or any part thereof not previously applied, shall be turned over by Landlord to Landlord's grantee, and Tenant shall look solely to such grantee for proper application of the Security Deposit in accordance with the terms of this Section 4.9 and the return thereof in accordance herewith. The holder of a mortgage on the Property shall not be responsible to Tenant for the return or application of the Security Deposit, whether or not it succeeds to the position of Landlord hereunder, unless such holder actually receives the Security Deposit. In addition, at the expiration of the term of the Other Lease, Tenant shallshall deliver to Landlord a letter of credit (the "Letter of Credit"), which shall (a) be unconditional and irrevocable and otherwise in form and substance satisfactory to Landlord; (b) be at all times in the amount of $150,000, and shall permit multiple draws without a corresponding reduction in the amount of the Letter of Credit; (c) be issued by a commercial bank reasonably acceptable to Landlord from time to time; (d) be made payable to, and expressly transferable and assignable at no charge by, the owner from time to time of the Property (which transfer/assignment shall be conditioned only upon the execution by such owner of a written document in connection with such transfer/assignment; (e) be payable at sight upon presentment to a local branch of the issuer of a simple sight draft accompanied by a certificate of Landlord stating that Tenant is in default under this Lease, and the amount that Landlord is owed (or is permitted to draw) in connection therewith; and (f) shall either expire sixty (60) days following the expiration of the term of this Lease, or be replaced not less than thirty (30) days prior to the expiration of the then current Letter of Credit so that the original Letter of Credit or a replacement thereof shall be in full force and effect throughout the Term of this Lease and for a period of sixty (60) days thereafter. Tenant shall deliver to Landlord any replacement Letter of Credit not less than thirty (30) days prior to the expiration of the then current Letter of Credit. Notwithstanding anything in this Lease to the contrary, any grace period or cure periods which are otherwise applicable under Section 8.1, hereof, shall not apply to any of the foregoing, and, specifically, if Tenant fails to comply with the requirements of subsection (f) above, Landlord shall have the immediate right to draw upon the Letter of Credit in full and hold the proceeds thereof as a cash security deposit until such breach or default shall be cured by Tenant. Each Letter of Credit shall be issued by a commercial bank that has a credit rating with respect to certificates of deposit, short term deposits or commercial paper of at least P-2 (or equivalent) by Moodx'x Xxxestor Service, Inc., or at least A-2 (or equivalent) by Standard & Poor's Corporation. If the issuer's credit rating is reduced below P-2 (or equivalent) by Moodx'x Xxxestor Service, Inc., or at least A-2 (or equivalent) by Standard & Poor's Corporation, or if the financial condition of the issuer changes in any other materially adverse way, then Landlord shall have the right to require that Tenant obtain from a different issuer a substitute Letter of Credit that complies in all respects with the requirements of this Section, and Tenant's failure to obtain such substitute Letter of Credit within ten (10) days after Landlord's written demand therefortherefor (with no other notice, restore or grace or cure period being applicable thereto) shall entitle Landlord to immediately draw upon the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act existing Letter of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the PremisesCredit in full, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of without any further liability or obligation with respect notice to the Security DepositTenant until such substitute Letter of Credit is provided.

Appears in 2 contracts

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

Security Deposit. (a) Tenant shall deposit with Landlord the The Security Deposit set forth at Section 2(h) above, within five (5) business days of shall be delivered to Landlord upon the full execution of this Lease, Lease by Tenant and held by Landlord without liability for interest (unless required by Law) as security for the performance of Tenant’s faithful performance of its obligations under this Leaseobligations. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional The Security Deposit so that the total amount is not an advance payment of the Security Deposit held by Landlord shall at all times be equal to the then current Base RentRent or a measure of damages. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any a portion of the Security Deposit for Rent payments to satisfy past due Rent, cure any Default (defined in Section 17), or to satisfy any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of resulting from Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breachDefault as provided in Section 18. If Landlord so uses any portion of the Security Deposit, Tenant shall, within ten (10) days after written shall on demand therefor, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereofits original amount. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return any unapplied portion of the Security Deposit to Tenant within 45 days after the later to occur of: (a) determination of the final Rent due from Tenant; or (b) the later to occur of the Termination Date or the date Tenant surrenders the Premises to Landlord in compliance with Section 24. Landlord shall not be required to keep the Security Deposit separate from its other accounts. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code, oror any successor Laws now or hereafter in effect. Subject to the remaining terms of this Section 5, and provided that, (i) during the 12 month period immediately preceding the effective date of any reduction of the Security Deposit, Tenant has timely paid all Rent and no Default has occurred under this Lease and (ii) Tenant receives additional financing in the amount of $17 million dollars and provides Landlord with reasonable evidence of the same (collectively, the “Security Reduction Conditions”), Tenant shall have the one time right to reduce the amount of the Security Deposit so that the new Security Deposit amount will be $14,395.00. Notwithstanding anything to the contrary contained herein, if Tenant has assigned its interest been in default under this Lease, Lease at any time prior to the last assignee effective date of Tenantany reduction of the Security Deposit and Tenant has failed to cure such default within any applicable cure period, then Tenant shall have no further right to reduce the amount of the Security Deposit as described herein. If Landlord sells its interest Tenant is entitled to a reduction in the PremisesSecurity Deposit, Tenant shall provide Landlord with written notice requesting that the Security Deposit be reduced as provided above (the “Security Reduction Notice”). If Tenant provides Landlord with a Security Reduction Notice, and Tenant is entitled to reduce the Security Deposit as provided herein, Landlord may deliver shall refund the applicable portion of the Security Deposit to Tenant within 45 days after the purchaser later to occur of (a) Landlord’s interest and thereupon be relieved receipt of any further liability or obligation with respect to the Security DepositReduction Notice, or (b) the date upon which Tenant is entitled to a reduction in the Security Deposit as provided above.

Appears in 2 contracts

Samples: Office Lease Agreement (Conatus Pharmaceuticals Inc), Office Lease Agreement (Conatus Pharmaceuticals Inc)

Security Deposit. (a) Landlord hereby acknowledges receipt from Tenant of the sum of $ , paid prior hereto, to be held as security for the faithful performance by the Tenant of the covenants, conditions, rules and regulations contained herein. The Security Deposit, or any portion thereof, may be withheld for unpaid rent, damage due to breach of this Lease or for damage by Tenant or the Tenant’s family, agents, employees, guests or invitees in excess of ordinary wear and tear to the Premises, common areas, major appliances and furnishings owned by the Landlord. It is understood and agreed, however, that irrespective of said Security Deposit, rent shall be paid when due, in accordance with the terms hereof. The Tenant shall deposit with have the right to be present when the Landlord, or the Landlord’s agent, inspects the Premises in order to determine if any damage was done to the Premises, if the Tenant notifies the Landlord by certified mail of the Security Deposit set forth Tenant's intention to move, the date of moving, and the Tenant’s new address. The notice to be furnished by the Tenant shall be mailed to the Landlord at Section 2(hleast fifteen (15) abovedays prior to the date of moving. Upon receipt of the notice, the Landlord shall notify the Tenant by certified mail of the time and date when the Premises is to be inspected. The date of inspection shall occur within five (5) business days before or five (5) days after the date of moving as designated in the Tenant's notice. In the event of the full execution sale or transfer of this Leasethe Premises by Landlord, as security the Landlord shall have the right to transfer, in accordance with applicable law, the Security Deposit to the vendee, or other transferee, and Landlord shall be considered released by Tenant for Tenant’s faithful performance all liability for the return of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, such Security Deposit and Tenant shall at look to Landlord’s transferee solely for the time return of such increase, deposit with Landlord funds as an additional said Security Deposit so Deposit. It is agreed that the total amount this shall apply to every transfer or assignment made of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rentany such transferee. Landlord and Tenant agree that the The Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgagebe mortgaged, assign, transfer assigned or encumber the Security Deposit encumbered by Tenant without the prior written consent of Landlord and any attempt by Tenant to do so shall be void. The Tenant shall have a right to receive, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails by first class mail, delivered to pay any Rent or other amount when due and payable under this Lease, or fails to perform any the last known address of the terms hereofTenant, Landlord may appropriate and apply or use all or any portion a written list of the charges against the Security Deposit for Rent payments or claimed by the Landlord and the actual costs, within forty-five (45) days after the termination of the tenancy. The Landlord shall be further obligated to return any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any unused portion of the Security Deposit, Tenant shallby first class mail, within ten (10) days after written demand therefor, restore the Security Deposit addressed to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty last known address within forty-five (3045) days after the Term termination of the tenancy. Failure of the Landlord to comply with Maryland’s Security Deposit Law may result in the Landlord being liable to the Tenant for a penalty of up to three (or any extension thereof3) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return times the Security Deposit to Tenantwithheld, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlordplus reasonable attorney’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Depositfees.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Security Deposit. (a) Simultaneously with the execution of this Lease, Tenant shall deposit with deliver to Landlord the full amount of the Security Deposit set forth at in Section 2(h1(o) above, within five (5) business days of the full execution of this Lease, as security for the full and timely performance of Tenant’s faithful performance of its obligations under this Lease. If the Base , The parties acknowledge and agree that said Security Deposit (or any pre-paid Rent shall increase during the initial term of received from Tenant under this Lease or during under any extensions separate agreement in connection therewith) shall be deposited in Landlord’s general operating account, and not a separate escrow account. Should said Security Deposit and/or pre-paid Rent be placed in an interest bearing account, all interest accruing thereon shall be payable to Landlord. Tenant’s Security Deposit shall not be construed as pre-paid Rent, or renewals thereofas a measure of Landlord’s damages in the event of a Default by Tenant. If Tenant should be placed in Default with respect to any provision of this Lease, Landlord may apply all or a portion of said Security Deposit for the payment of any sum in Default or for the payment of any amount which Landlord expends by reason of such Default. If any portion of said Security Deposit is so applied, Tenant shall at deposit with Landlord, within five (5) days after receipt of Landlord’s written demand, an amount sufficient to restore said Security Deposit to its original amount. Upon the time expiration of this Lease, Landlord shall return said Security Deposit to Tenant, provided Tenant has paid to Landlord all sums owing to Landlord under this Lease, and Tenant has returned the Premises to Landlord pursuant to the terms of Section 15. If upon the termination of this Lease, there is accrued Additional Rent which as of such increasedate has not been invoiced to Tenant, deposit or if Landlord reasonably determines that there is damage to the Premises for which Tenant is responsible under this Lease, Landlord reserves the right to either (a) withhold Tenant’s Security Deposit, or so much of it as Landlord deems reasonable until Tenant’s actual obligation with respect to said Additional Rent have been determined, at which time Landlord funds as an additional Security Deposit so that the total amount of shall offset Tenant’s actual obligation for Additional Rent and damages against the Security Deposit held by Landlord shall at all times be equal and return the positive difference, if any, to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation Tenant; or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of reasonably estimate Tenant’s default or breachobligation for Additional Rent and damages, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full offset such amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the against said Security Deposit.

Appears in 2 contracts

Samples: Standard Office Building Lease (Eargo, Inc.), Standard Office Building Lease (Eargo, Inc.)

Security Deposit. (a) Contemporaneously with the execution of this Lease by Xxxxxx, Tenant shall deposit with pay to Landlord the Security Deposit set forth at Section 2(h) aboveDeposit, within five (5) business days of the full execution of this Lease, as security for which shall be held by Landlord to secure Tenant’s faithful performance of its obligations under this Lease. If The Security Deposit shall be held by Landlord as security for the Base Rent shall increase during faithful performance of Tenant of all the initial term terms, covenants and conditions of this Lease to be kept and performed by Tenant during the Term. If at any time during the Term, any Rent or during other sum payable by Tenant to Landlord under this Lease shall be overdue and unpaid, Landlord may, at its option, appropriate and apply any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount portion of the Security Deposit held to the payment of any such overdue Rent or other sum. In the event of the failure of Tenant to keep and perform all of the terms, covenants and conditions of this Lease to be kept and performed by Tenant, subject to all applicable notice and cure periods, then at Landlord’s option, Landlord may appropriate and apply the entire Security Deposit, or so much thereof as may be necessary, to pay past due Rent, lost future Rent, and/or to compensate Landlord for any and all loss or damage sustained or suffered by Landlord, due to any breach by Tenant under this Lease. Should the entire Security Deposit, or any portion thereof, be appropriated and applied by Landlord shall at all times be equal for the payment of Rent or any sums due and payable, Tenant shall, upon the written demand of Landlord, immediately remit to Landlord a sufficient amount of funds in cash to restore the Security Deposit to the then current Base original sum, and Xxxxxx’s failure to do so within five (5) business days after receipt of such demand shall constitute a default by Tenant. Landlord shall, within forty-five (45) days after expiration of the Term or early termination of this Lease, return to Tenant the portion of the Security Deposit remaining after deducting all damages, charges and other amounts (including, without limitation, Rent) not paid by Tenant to the extent required under this Lease. Landlord and Tenant agree that such deductions shall include, without limitation, all damages and losses that Landlord has suffered or that Landlord reasonably estimates that it will suffer to the extent caused by any breach of this Lease by Xxxxxx. Tenant acknowledges that this Security Deposit is not prepaid Rent and shall not be applied by Tenant to the payment of Rent. Unless required otherwise by applicable Law, the Security Deposit may be commingled with funds of Landlord other funds, and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of paid thereon. In the terms hereof, event that Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore transfers the Security Deposit to the full amount previously deposited; TenantLandlord’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then successor in default on any of its obligations hereunderinterest, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of discharged from any further liability or obligation with respect to the Security Deposit, provided such successor in interest has assumed, in writing, all of Landlord’s obligations under this Lease from and after the effective date of such transfer. It is expressly agreed that the Security Deposit is to secure the obligations under this Lease, including without limitation the payment of Rent for the balance of the Term, and the Security Deposit is not subject to return as a deposit pursuant to California Civil Code Section 1950.7.

Appears in 2 contracts

Samples: Lease Agreement (Gsi Technology Inc), Lease Agreement (Gsi Technology Inc)

Security Deposit. (a) Tenant shall deposit has deposited with Landlord the sum set forth in item 10 of the Basic Lease Provisions as a Security Deposit set forth at Section 2(h) above, within five (5) business days of for the full execution and faithful performance of every provision of this Lease to be performed by Tenant. Landlord may apply, in its sole discretion at any time during the Term of this Lease, as security for Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease all or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount part of the Security Deposit held to the payment of all prepaid expenses by Landlord shall at all times for which Tenant would be equal required to the then current Base Rent. reimburse Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any including without limitation for Broker commissions. Such application of the terms hereofSecurity Deposit is not and shall never be dependent upon an Event of Default. Upon an Event of Default, and whether or not Landlord is informed of or has knowledge of the Event of Default, the Security Deposit (if not already applied as hereinabove provided) shall be deemed to be automatically applied, without waiver of any rights Landlord may appropriate and apply have under this Lease or use all at law or in equity as a result of an Event of Default, to the payment of any Rent not paid when due, the repair of damage to the Premises or the payment of any other amount which Landlord may spend or become obligated to spend by reason of an Event of Default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of an Event of Default, to the full extent permitted by law. If any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may is so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Depositapplied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and its original amount. Landlord shall have not be required to keep the right Security Deposit separate from its general funds. The unused portion of the Security Deposit, if any, shall be returned to exercise any remedy provided for at Section 27 hereof. Within Tenant within thirty (30) days after of the Term (expiration of this Lease or any extension thereof) has expired or termination of this Lease not resulting from an Event of Default, so long as Tenant has vacated the PremisesPremises in the manner required by this Lease and paid all sums required to be paid under this Lease, whichever shall last occur, provided however that Landlord may retain the Security Deposit until such time as any amounts of Additional Rent due from Tenant have been determined and provided paid In full. Tenant is not then in default on hereby waives the provisions of Section 1950.7(c) of the California Civil Code and any present or future laws otherwise governing the return of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee extent of Tenant. If reasonably anticipated Additional Rent retained by Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit pursuant to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Depositprevious sentence.

Appears in 2 contracts

Samples: Master Lease Agreement (Adforce Inc), Master Lease Agreement (Adforce Inc)

Security Deposit. Return of the security deposit shall occur in accordance with paragraph 8 of the lease agreement. Only 1 check will be issued to the FIRST person on the lease. In order to receive your security deposit refund, you must: a. Provide your new forwarding address, otherwise checks will be mailed to your last known address (a) i.e. the rental unit). . b. Be sure to thoroughly clean the apartment and repair any damages that are your responsibility. VOID c. Leave your utilities in your name until the last day of your lease. d. Abide by your Lease Agreement e. Note: a single security deposit check will be issued within 14 days of your move out date, in compliance with paragraph 8 of the lease agreement. f. If the damages exceed the amount of your damage deposit the Owner may collect the balance from the Tenant. * Security deposits will be mailed within 14 days of your move out and when all inspections are complete to the first person listed on the lease. Tenant Signature Date Tenant Signature Date Tenant Signature Date Tenant Signature Date Tenant Signature Date Tenant Signature Date NOW COMES (Owner), and , , , VOID , Tenant(s), who on executed a lease for the following premises: . Notwithstanding anything to the contrary in Tthyepeabteoxvt eh-erreeferred to Lease, that Lease shall be amended as follows: Tenant shall deposit with keep NO animals on the premises except as follows: Type: Name of animal: Age of animal: As a condition of Landlord permitting an animal on the Security Deposit set forth at Section 2(hpremises, the Tenant(s) aboveagrees as follows: 1. Tenant(s) shall pay a monthly pet rent of $ . 2. The animal shall not disturb the quiet enjoyment of other residents. 3. Any animal waste will be promptly and sanitarily disposed of by the Tenant(s). 4. It is expressly understood that the animal shall always be accompanied by the Tenant(s), within five (5) business days or a responsible designee, when the animal is outside of the full execution apartment and in the common areas. The Tenant(s) shall always have physical control of this Lease, as security for Tenant’s faithful performance the animal when it is outside of its obligations under this Leasethe apartment and in the common areas. 5. If the Base Rent Tenant(s) shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit provide Landlord with Landlord funds as an additional Security Deposit so a certificate from a licensed veterinarian indicating that the total amount of the Security Deposit held by Landlord shall at animal is healthy and has received all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlordrequired vaccinations. (b6. Tenant(s) If Tenant fails to pay shall indemnify and hold the Landlord harmless from any Rent or other amount when due and payable under this Leasecosts, claims, damages, expenses, or fails to perform any of the terms hereofattorney’s fees arising directly or indirectly, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaidincluding consequential damages, for payment of any amount for which Landlord has become obligated as a result of this or any other animal being on the leased premises or common areas with the tenant’s permission. 7. Tenant(s) agrees not to permit pet to damage the apartment including but not limited to scratching at doors, urinating and defecating on carpeting or flooring. Tenant agrees to take full responsibility for any damages to the property caused by pet. Upon vacating the apartment, all physical evidence of the pet shall be removed, the apartment fully cleaned, deodorized, rugs shampooed, and fleas or other pet-related bugs exterminated at Tenant’s default expense 8. Tenant agrees to confine or breach, and for any loss temporarily remove the pet from the unit when landlord needs to show or damage sustained by Landlord as a result access the unit. 9. Violation of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10above conditions shall be grounds for termination of the lease. Tenant(s) days after written demand therefor, restore can avoid termination of the Security Deposit to lease by removal of the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have animal from the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occurpremises, and provided otherwise comply with section 7 and 8 above. Tenant Signature Date Tenant Signature Date Tenant Signature Date Tenant Signature Date Tenant Signature Date Tenant Signature Date **this is not then pertinent information that you may need. Please keep this sheet in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest your apartment for easy access** Vermont Gas 802.863.4511 Burlington Electric 802.865.7300 Green Mountain Power (Winooski) 888.835.4672 Public Works (water and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.recycling) 802.863.4501 Xxxxx Trash 802.655.4312 Comcast 800.934.6489 Burlington Telecom 802.540.0007

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Security Deposit. (a) Tenant shall deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full Upon execution of this Lease, Tenant shall provide the following amount to Landlord, to be held as a security deposit for the reasonable cleaning or repair of damages to the Property upon the expiration or termination of this lease or in case of default by Tenant’s faithful performance : $________ (________ dollars). The security deposit shall not exceed two times the monthly rent if the Tenant is under 62 years of its obligations under this Leaseage and shall not exceed one month's rent if the Tenant is 62 years of age or older. If The security deposit will be held at the Base Rent shall increase during following financial institution: ________________________________ Tenant hereby agrees to be liable to Landlord at the initial term expiration or termination of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at for all times be equal damages to the then current Base Property, except ordinary wear and tear. Landlord may hold the security deposit in a non-interest-bearing account. In such case, no interest is due to Tenant and Tenant may not use the security deposit to cover Rent. Landlord may otherwise elect to hold security deposit in an interest-bearing account and allow Tenant agree that to receive certain interest funds, if applicable. Tenant shall still not be permitted to use the Security Deposit may security deposit to cover any Rent. In case of sale or assignation of the Lease by Landlord, Tenant's security deposit shall be commingled with funds of Landlord transferred to the new owner or assignee and Landlord shall have no obligation or be released from liability to Tenant for payment return of interest on such the security deposit. Tenant Deductions from the security deposit may be made for the following reasons (this list constitutes examples only and is not intended to be exhaustive): unpaid rent or utilities, late fees, cleaning, key replacement, removing abandoned property, and/or attorneys' fees for proceedings against Tenant. Landlord shall not mortgagehave 30 (thirty) days in which to return the security deposit and/or an itemized list of deductions, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breachif applicable. If Landlord so uses any of requires deductions which exceed the Security Depositsecurity deposit, Tenant shall, agrees to pay Landlord any overage amount within ten (10) days after receiving a written demand thereforfrom Landlord. Landlord will first apply the security deposit to any non-rent obligations, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (such as damages, utilities, or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occurlate fees, and provided Tenant is not will then in default on apply the security deposit to any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Depositunpaid rent.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Security Deposit. (a) Tenant shall deposit with Landlord the Security Deposit set forth at Section 2(h) above, within Within five (5) business days of after the full execution of this LeaseSublease by Subtenant, as security for Tenant’s faithful performance of its obligations under this Lease. If Subtenant shall pay to Sublandlord the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to specified in the then current Base RentBasic Sublease Information as a non-interest bearing security deposit for Subtenant’s performance under this Sublease. Landlord and Tenant agree that the The Security Deposit may be commingled in the form of cash or an unconditional, irrevocable letter of credit without documents, from a bank and in a form reasonably acceptable to Sublandlord, with funds of Landlord Sublandlord as beneficiary, drawable in whole or in part, and Landlord shall have no obligation or liability providing for payment of interest at a location in the San Francisco Bay Area on such depositpresentation. Tenant Sublandlord shall not mortgage, assign, transfer or encumber be required to keep the Security Deposit without separate from its general accounts. In the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any event Subtenant has performed all of the terms hereofand conditions of this Sublease throughout the Sublease Term, Landlord may appropriate and apply or use all or any portion of the this amount paid as Security Deposit for Rent payments shall be returned to Subtenant within 30 days after Subtenant’s vacating the Sublease Premises, after first deducting any sums owing to Sublandlord. In the event Subtenant defaults, beyond applicable notice and cure periods, under this Sublease, Sublandlord will be entitled but not obligated to use or any other amount then due and unpaid, for payment retain some or all of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and this Security Deposit to compensate for any loss unpaid rent, loss, expense or damage sustained by Landlord as a result risk associated with the default, all without seeking judicial relief. In the event of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice such recourse to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within Sublandlord is entitled to require Subtenant to replenish the Security Deposit funds on ten (10) days after days’ written demand therefor, restore notice. In no event will Subtenant be entitled to have access to or require any portion of Sublandlord’s deposit with the Master Landlord. If the Security Deposit is in all or in part in the form of a Letter of Credit, the failure of Subtenant to the full amount previously deposited; Tenant’s failure to do so shall constitute an act deliver a replacement Letter of default hereunder and Landlord shall have the right to exercise any remedy provided for Credit at Section 27 hereof. Within least thirty (30) days after prior to the Term (or any extension thereof) has expired or Tenant has vacated expiration of the Premisesthen-current Letter of Credit, whichever shall last occur, constitute a separate default entitling Sublandlord to draw immediately and provided Tenant is not then in default entirely on any the current Letter of its obligations hereunder, Landlord Credit and the proceeds shall return constitute a cash Security Deposit. Notwithstanding the Security Deposit to Tenant, orforegoing, if Tenant has assigned its interest under this Leasefor any reason Sublandlord draws on the Letter of Credit, then Subtenant shall have the right, upon ten (10) days’ prior written notice to Sublandlord, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved obtain a refund from Sublandlord of any further liability or obligation with respect unapplied proceeds of the Letter of Credit which Sublandlord has drawn upon, any such refund being conditioned upon Subtenant simultaneously delivering to Sublandlord a replacement Letter of Credit meeting the Security Depositrequirements of this Section.

Appears in 2 contracts

Samples: Sublease Agreement (Openwave Systems Inc), Sublease Agreement (Openwave Systems Inc)

Security Deposit. Landlord acknowledges that it has received from Tenant the sum of $29,529.41 of which -0- shall apply to the first month’s rent obligation of Tenant after the Commencement Date, and the balance of $29,529.41 (a“Security Deposit”) Tenant shall to remain on deposit with Landlord during the Term as security for the payment of rent and the full and faithful performance by Tenant of the covenants and conditions of this lease. In the event of any default, the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution of this Lease, as security for Tenant’s faithful performance of its obligations under this Leaseshall be retained by Landlord and may be applied toward damages arising from such default. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional The Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any construed as liquidated damages. Upon yielding of the terms hereof, Landlord may appropriate and apply or use all or any portion Premises at the termination of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, this lease and provided no default by Tenant is not then in default on any of its obligations hereunderexists, Landlord shall return the Security Deposit to TenantTenant within fifteen (15) days of such termination. No interest shall be payable on the Security Deposit. Landlord may apply the Security Deposit, oror portion thereof, if Tenant has assigned to the curing of any default that may exist. Should Landlord convey its interest under this Leaselease, the Security Deposit, or the part or portion thereof not previously applied, shall be turned over to Landlord’s grantees or assigns: Tenant hereby releases Landlord from any liability with respect to the last assignee of TenantSecurity Deposit and agrees to look solely to such grantee or assignee, and this provision shall also apply to subsequent grantees or assignees. If Landlord sells Tenant agrees it shall not assign, pledge, mortgage or otherwise hypothecate its interest in the PremisesSecurity Deposit. It is agreed that the Security Deposit is not made in payment of rent but is paid solely as security by Tenant for the full and faithful performance of the obligations and terms of this lease. Should the entire Security Deposit or any portion thereof be applied by Landlord for the payment of overdue rent or other sums due and payable to Landlord by Tenant, then Tenant shall, upon written demand by Landlord, remit to Landlord may deliver a sufficient amount in cash to restore the Security Deposit to the purchaser original sum deposited, and Tenant’s failure to do so within ten (10) days after receipt of Landlord’s interest and thereupon be relieved such demand will constitute a breach of any further liability or obligation with respect to the Security Depositthis lease.

Appears in 1 contract

Samples: Lease Agreement (Air T Inc)

Security Deposit. (a) Tenant shall Xxxxxx agrees to deposit with Landlord the Security Deposit in the form of cash, the amount as set forth at Section 2(h2(k) above, within five (5) business days of the full above upon execution of this Lease, as security for Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord (which may be withheld in Landlord’s sole discretion), and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, ; for payment Payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, ; and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, ; and Landlord may so apply or use the this Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) business days after written demand therefor, restore the Security Deposit to the full amount previously originally deposited; . Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 26 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit (less any damage fee or other offset as provided herein this Lease) to Tenant, or, if Landlord has permitted Tenant has assigned to assign its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the this Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 1 contract

Samples: Office Building Lease (Cardio Diagnostics Holdings, Inc.)

Security Deposit. (a) Simultaneously with Xxxxxx’s execution and delivery of the Lease, Tenant shall deposit with Landlord a Security Deposit in the amount set forth in Section 1h. Landlord shall retain the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution of this Lease, as security for Tenant’s faithful the performance by Tenant of all of its Lease obligations. The Security Deposit shall not bear interest and may be commingled with other funds. If Tenant at any time fails to perform any of its obligations under this Lease, including, without limitation, its Rent or other payment obligations, its restoration obligations, or its insurance and indemnity obligations, then Landlord, may, at its option, apply the Security Deposit (or any portion) to cure Tenant’s default or to pay for damages caused by Tenant’s default. If the Base Rent shall increase during Lease has been terminated, then Landlord may apply the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that (or any portion) against the total amount damages incurred as a consequence of Tenant’s breach. The application of the Security Deposit held by shall not limit Landlord’s remedies for default under the terms of this Lease. If Landlord shall at all times be equal depletes the Security Deposit, in whole or in part, prior to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds Expiration Date or any termination of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, then Tenant shall restore immediately the amount so used by Landlord. Within 30 days after the expiration or fails to perform any earlier termination date of the terms hereofthis Lease, Landlord may appropriate and apply or use all or shall refund to Tenant any unused portion of the Security Deposit for Rent payments or after first deducting the amounts, if any, necessary to cure any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result outstanding default of Tenant’s default or breach, and to pay any outstanding damages for any loss or damage sustained by Landlord as a result of Tenant’s default breach of the Lease, or breachto restore the Premises to the condition to which Tenant is required to leave the Premises upon the expiration or termination of the Lease, reasonable wear and Landlord may so apply tear and loss due to casualty or use condemnation excepted. Xxxxxxxx’s obligation to return the Security Deposit without prejudice shall survive termination of the Lease Landlord shall deliver the unused portion of the Security Deposit to any other remedy Landlord may have by reason of Tenant’s default or breachNotice Address set forth in Section 1l above. If Xxxxxx’s Notice Address is the address for the Premises, then Tenant shall notify Landlord so uses in writing of a forwarding address to which Landlord should send the Security Deposit. If: (a) Landlord sends the unused portion of the Security Deposit to Tenant’s Notice Address or, if applicable, the forwarding address as directed by Xxxxxx; (b) the Security Deposit is returned to Landlord as “undeliverable” for any reason other than an error by Landlord or the mail courier; and (c) Landlord, after using its best efforts, is unable to locate Tenant within 90 days thereafter, then Tenant shall be deemed to have waived any rights Tenant has to the unused portion of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore and Landlord may retain the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act for its own use. Tenant may not credit any unused portion of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest against Rent owed under this the Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 1 contract

Samples: Office Lease (Clearside Biomedical, Inc.)

Security Deposit. a. In accordance with the Annotated Code of Maryland, Real Property Article, Xxxxxx has deposited with the Landlord/Agent the sum of Dollars (a$ ), receipt of which is hereby acknowledged, which sum does not exceed two (2) Tenant shall deposit with Landlord months rent, which is to be held as collateral security and applied on any rent or unpaid utility bill that may remain due and owing at the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution expiration of this Lease, as security for Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease any extension thereof or during holding over period, or applied to any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal damages to the then current Base Rent. Landlord premises in excess of ordinary wear and Tenant agree that tear caused by the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation Tenant, his family, guests, employees, trades people, or liability for payment of interest on such deposit. Tenant shall not mortgagepets, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due damages and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained expenses suffered by Landlord as a result of Tenanta breach of any covenant or provision of this Lease. Tenant may not utilize the security deposit as rent and Tenant must not apply the same as the last month’s default rent. The security deposit will be deposited in an escrow account in a federally insured banking or breachsavings institution within the State of Maryland, and Landlord may so apply or use the Security Deposit without prejudice devoted exclusively to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shallsecurity deposits, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after it has been received. The Landlord/ Agent must provide the Term Tenant, within forty-five (45) days after the end of the tenancy, by first class mail directed to the last known address of the Tenant, a written list of any damages to the premises together with a statement of costs actually incurred. Within forty-five (45) days after the end of the tenancy, the Landlord/Agent must return the deposit to the Tenant together with simple interest which will accrue in the amount of three percent (3%) per annum less any damages rightfully with held. Interest will accrue at six (6) month intervals from the day Tenant deposits said collateral security with Landlord/Agent, provided the said security deposit is fifty dollars ($50.00) or more. The foregoing provisions do not apply to any extension thereofTenant who has abandoned the premises or who has been evicted unless such Xxxxxx makes a written demand for the return of the security deposit and provides the Landlord with his/her new address. b. Tenant’s obligation under this Lease may not end when Tenant ceases to occupy the premises. Repairs required may be so substantial or of such a nature that work will not be completed within the forty-five (45) has expired or day period following the termination of the tenancy. In such event, Landlord must notify Tenant has vacated within the Premises, whichever shall last occurgiven time frame, and provided reserves the right to pursue Xxxxxx for reimbursement for costs incurred for damages. c. In the event of a sale of the property upon which the premises are situated or the transfer or assignment by the Landlord/ Agent of this Lease, the Landlord/Agent has the obligation to transfer the security deposit to the transferee. After the transfer is made and after written notice of same is given to the Tenant with the name and address of the transferee, Landlord/Agent is not then in default on released from all liability for the return of the security deposit and the Tenant must look solely to the new Landlord/Agent for the return of his security deposit. It is agreed that the foregoing will apply to every transfer or assignment made of the security deposit to a new Landlord/Agent. d. In the event of any rightful or permitted assignment of its obligations hereunderthis Lease by the Tenant to any assignee or sub lessee, the security deposit is deemed to be held by the Landlord/Agent as a deposit made by the assignee or sub lessee and the Landlord/Agent will have no further liability with respect to return to such security deposit to the assignor. e. The failure of the Landlord shall return to comply with the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, Law may result in the Landlord being liable to the last assignee Tenant for a penalty of Tenant. If up to three (3) times the security deposit withheld, plus reasonable attorney’s fees. f. The Landlord sells its interest in or Landlord’s estate but not the Premises, Landlord may deliver the Security Deposit managing agent or court appointed receiver shall remain liable to the purchaser Tenant for the maintenance of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Depositsecurity deposit as required by law.

Appears in 1 contract

Samples: Single Family Dwelling Lease

Security Deposit. If Tenant Improvements have been commenced on or prior to April 1, 1995, then on April 1, 1995 (a) or on such earlier date as Tenant Improvements are commenced), Tenant shall deposit with Landlord that sum set forth in Section 1.8 as security for the full and faithful performance of every provision of this Lease (the “Security Deposit”). If Tenant Improvements have not commenced by April 1, 1995, but Tenant elects not to cancel this Lease, then Tenant shall deposit the Security Deposit set forth with Landlord upon the commencement of Tenant Improvements. The Security Deposit shall be applied to the first rent coming due under this Lease. If Tenant defaults under the terms of this Lease, beyond any applicable cure period, Landlord may condition continuation of the Lease or Tenant’s deposit of a new Security Deposit equal to one month’s Monthly Rent. If Tenant defaults, at Section 2(h) aboveany time that Landlord holds a Security Deposit Landlord shall be entitled, at its option, to apply or retain all or any part of the Security Deposit for the payment of any rent or any other sum in default, any amount that Landlord may be obligated to spend by reason of Tenant’s default, or to compensate Landlord for any other expenses which it may suffer due to Tenant’s default. The Security Deposit shall not be deemed liquidated damages. If any portion of the Security Deposit is so used Tenant shall, within five (5) business days of the full execution of this Lease, as security for Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, after demand therefor,- deposit sufficient cash with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the its full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and existing at such time. Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return may keep the Security Deposit with its general funds and Tenant shall not receive interest on the Security Deposit. if Tenant fully complies with the terms of this Lease, the Security Deposit shall be returned to Tenant, Tenant or, if Tenant has assigned its interest under this Leaseat Landlord’s option, to the last assignee of Tenant’s interest in this Lease, as soon as Landlord determines the final amounts of Tenant’s obligations hereunder after the expiration of the Lease or any period of holding over. If Landlord sells its conveys Landlord’s interest in the Premises, Landlord may deliver transfer the Security Deposit to any transferee and in that event, Tenant releases Landlord from all liability for the purchaser return of Landlord’s the Security Deposit. Tenant shall not assign, pledge, mortgage or otherwise hypothecate its interest and thereupon be relieved in refund of any further liability or obligation with respect to the Security Deposit.

Appears in 1 contract

Samples: Industrial Gross Lease (Lotus Pacific Inc)

Security Deposit. (a) Landlord currently holds $107,000 as security deposit under the Prior Lease, which shall continue to be held by Landlord pursuant to the terms of this Section 6. Tenant shall concurrently with the execution of this Lease deliver to Landlord the additional sum of $118,000 to be held as additional security deposit with for a total deposit of $225,000 (the “Security Deposit) for Tenant’s prompt payment and performance of all of Tenant’s obligations hereunder (and not as prepaid rent). Landlord shall not be required to keep the Security Deposit set forth at Section 2(h) above, within five (5) business days separate from Landlord's other accounts and no trust relationship shall be created with respect to the Security Deposit. In no event shall the Security Deposit be in lieu of or excuse Tenant from paying any portion of the full execution Monthly Rent or any other Payment due and payable by Tenant hereunder at any time during the Term of this Lease. The taking of the Security Deposit by Landlord shall in no way be a bar or defense to any action in unlawful detainer for the recovery of possession of the Premises or any other right or remedy that Landlord may at any time exercise upon Tenant's Default or breach of this Lease. No interest shall be payable by Landlord on the Security Deposit. Without waiving any of Landlord's rights or remedies hereunder, at law or in equity, Landlord may, at Landlord's option, apply all or any part of the Security Deposit to any unpaid Monthly Rent or other Payment due and payable by Tenant from time to time under this Lease (including but not limited to, late charges), or to cure any other Default or breach of Tenant hereunder (including, but not limited to, the cost of maintenance and repair of the Premises). Upon the expiration of the Term of this Lease and Tenant's prompt surrender of possession of the Premises in accordance with the terms of this Lease, as security for Tenant’s faithful performance and provided that Tenant is not then in default hereunder (and/or no event has occurred which, with the giving of its obligations under this Lease. If notice or the Base Rent passage of time, could give rise to a default hereunder), Landlord shall increase during the initial term of this Lease or during return any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount portion of the Security Deposit held to Tenant that has not been so applied by Landlord shall at all times be equal to the then current Base RentLandlord. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use Should all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained be so applied by Landlord as a result at any time from time to time during the Term of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Depositthis Lease, Tenant shall, within ten (10) days after upon the written demand therefor, request of Landlord promptly remit to Landlord an amount sufficient to restore the Security Deposit to the full amount previously deposited; of the Security Deposit immediately prior to such application, and Tenant’s 's failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty within five (305) days after the Term (or any extension thereof) has expired or receipt of Landlord's written request therefor shall constitute a material default of Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

Security Deposit. Contemporaneously with Tenant’s execution and delivery of this Agreement, Thirty Thousand and no/l00 Dollars (a$30,000.00) Tenant shall deposit with Landlord of the Existing Security Deposit set forth at Section 2(h) aboveshall be allocated as the deposit for the Premises only, within five (5) business days of such amount to be held by Landlord during the full execution of this Lease, Lease Term as security for Tenant’s faithful performance of its obligations under this the Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay make any Rent or other amount payment when due and payable under this the Lease, or fails otherwise defaults with respect to perform any provision of the terms hereofLease, Landlord may appropriate and use, apply or use retain all or any portion of said deposit for the Security Deposit payment of such obligation or default, or for Rent payments or any other amount then due and unpaid, for the payment of any amount for other sum to which Landlord has may be become obligated as a result by reason of Tenant’s default default, or breach, and to compensate Landlord for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and that Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breachsuffer thereby. If Landlord so uses or applies all or any portion of the Security Depositsaid deposit, Tenant shall, within ten (10) days after written demand therefortherefore from Landlord, deposit cash with Landlord in an amount sufficient to restore the Security Deposit said deposit to the full amount previously deposited; stated in this Section 10, and Tenant’s failure to do so shall constitute an act Event of default hereunder and Landlord shall have Default under the right to exercise any remedy provided for at Section 27 hereofLease. Within thirty (30) days after the Term (or any extension thereof) has expired or If Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any performs all of its Tenant’s obligations hereunder, Landlord shall return said deposit (or so much thereof as has not theretofore been applied by Landlord as permitted under this Section 10) within sixty (60) days following the Security Deposit to Tenant, or, if date of expiration of the Lease Tern or the date on which Tenant has assigned vacated the Premises. Landlord shall not be required to keep said security deposit separate from its general funds, and Tenant shall not be entitled to interest under this Lease, on said deposit. Landlord shall be entitled to deliver the last assignee funds constituting the deposit hereunder to any purchaser of Tenant. If Landlord sells its Landlord’s interest in the Premises, whether by sale, foreclosure, deed in lieu of foreclosure, or otherwise, and upon such delivery, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon shall be relieved of discharged from any further liability or obligation with respect to the Security Depositsaid deposit.

Appears in 1 contract

Samples: Lease Amendment (Cascade Microtech Inc)

Security Deposit. (a) Tenant shall deposit Contemporaneously with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution of this Lease, as security for Tenant shall pay to Landlord the Security Deposit, which shall be held by Landlord to secure Tenant’s faithful 's performance of its obligations under this Lease. If The Security Deposit is not an advance payment of Rent or a measure or limit of Landlord's damages upon an Event of Default (as defined herein). Landlord may, from time to time following an Event of Default and without prejudice to any other remedy, use all or a part of the Base Rent shall increase during Security Deposit to perform any obligation Tenant fails to perform hereunder. Following any such application of the initial term of this Lease or during any extensions or renewals thereofSecurity Deposit, Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit to its original amount. Provided that Tenant has performed all of its obligations hereunder, Landlord shall, within 30 days after the expiration of the Term and Tenant's surrender of the Premises in compliance with the provisions of this Lease, return to Tenant the portion of the Security Deposit which was not applied to satisfy Tenant's obligations. Notwithstanding the preceding sentence and to the extent permitted by applicable Law, Landlord may retain the Security Deposit until such time after the expiration of the Term that Landlord is able to reconcile and confirm all amounts payable by Tenant under this Lease have been paid in full by Tenant (e.g., Landlord cannot reconcile and confirm Tenant has paid Tenant's Proportionate Share of Excess Taxes for the calendar year in which the Term expires if Landlord has not received a Tax bill from all applicable taxxxx authorities at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rentexpiration). Landlord and Tenant agree that the The Security Deposit may be commingled with funds of Landlord other funds, and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect paid thereon. If Landlord transfers its interest in the Premises and shall not be binding upon the transferee assumes Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable 's obligations under this Lease, or fails to perform any of the terms hereof, then Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore assign the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder transferee and Landlord thereafter shall have no further liability for the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any return of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Deposit. The rights and obligations of Landlord and Tenant has assigned its interest under this Lease, Section 6 are subject to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest any other requirements and thereupon be relieved of any further liability or obligation with respect conditions imposed by Laws applicable to the Security Deposit.

Appears in 1 contract

Samples: Lease Agreement (Red Mountain Resources, Inc.)

Security Deposit. (a) Tenant shall deposit with Landlord the Security Deposit set forth at Section 2(h) aboveLandlord, within five (5) business days upon demand of the full execution of this LeaseLandlord, SIXTEEN THOUSAND AND NO/100 DOLLARS ($16,000.00) as security for Tenant’s 's faithful performance of its Tenant's obligations under this Leasehereunder. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent rent or other amount when charges due and payable under this Leasehereunder, or fails otherwise defaults with respect to perform any of the terms provision hereof, Landlord may appropriate (but shall not be required to do so before enforcing other rights and remedies) use, apply or use retain all or any portion of said deposit for the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount rent or other charge in default or for the payment of any other sum to which Landlord has may become obligated as a result by reason of Tenant’s default 's default, or breach, and to compensate Landlord for any loss or damage sustained by which Landlord as a result of may suffer thereby, but Tenant’s default or breach's liability under this Lease shall only be discharged pro tanto, and Landlord may so apply or use the Security Deposit without prejudice to Tenant shall remain liable for any other remedy Landlord may have by reason of Tenant’s default or breachamounts not actually paid from said deposit. If Landlord so uses or applies all or any portion of the Security Depositsaid deposit, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit said deposit to the full amount previously deposited; hereinabove stated, and Tenant’s 's failure to do so shall constitute an act of default hereunder and be a material breach hereof. Landlord shall have not be required to keep said deposit separate from its general accounts and such deposit shall not bear interest. If Tenant performs all of Tenant's obligations hereunder, said deposit, or so much thereof as has not theretofore been applied by Landlord, shall be returned, without payment of interest or other increment for its use, to Tenant (or, at Landlord's option, to the right to exercise any remedy provided for at Section 27 hereof. Within last assignee, if any, of Tenant's interest hereunder) within thirty (30) days after the Term (or any extension thereof) has expired or expiration of the term hereof, and after Tenant has vacated the Premises, whichever shall last occur, Property. No trust relationship is created herein between Landlord and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to said security deposit. If the Security Depositmonthly rent shall, from time to time, increase during the term hereof, Tenant shall thereupon deposit with Landlord additional security deposit so that the amount of security deposit held by Landlord shall at all times bear the same proportion to then current rent as the original security deposit bears to the original monthly rent set forth in Section 4.3 hereof.

Appears in 1 contract

Samples: Commercial Lease (Go2pharmacy Com Inc)

Security Deposit. Upon any third (a3rd) failure of Tenant to timely and properly pay any Rent due hereunder within any twelve (12) month period, or upon any second (2nd) failure to fulfill each and every of its other obligations under this Lease within any twelve (12) month period, then after a thirty (30) day default notice has been issued to Tenant that remains uncured at the end of such period or, if applicable, any longer grace period provided herein, Landlord shall have the right to demand from Tenant, and, if so, Tenant shall, within ten (10) days of Landlord’s demand, pay Landlord, the sum of $146,012.66 as a security deposit (the “Security Deposit”), the use of which shall be unrestricted to guarantee the payment of the Rent provided in this Lease and the performance of all of Tenant’s covenants contained herein. If Tenant shall deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full execution breach any covenant or provision of this Lease, as security for Tenant’s faithful performance including, but not limited to the covenants relating to the payment of its obligations under this Lease. If the Base Rent Rent, Landlord may (but shall increase during the initial term of this Lease not be required to) use, apply or during retain all or any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to for the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any late Rent or other amount when due and payable under this Leaseportion thereof, or fails to perform for the payment of any of the terms hereof, amount which Landlord may appropriate and apply spend or use all become obligated to spend by reason of any such breach by Tenant, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of such breach by Tenant, any subtenant or any third party. If any portion of the Security Deposit for Rent payments is so used or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Depositapplied, Tenant shall, within ten (10) days after written demand therefortherefore, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to the full amount previously deposited; its original amount, and Tenant’s failure to do so shall constitute an act be a material breach of default hereunder and Landlord this Lease. The Security Deposit shall have be returned to the right to exercise any remedy provided for at Section 27 hereof. Within Tenant thirty (30) days after the Term (Expiration Date or any extension thereof) has expired or the prior termination of the Lease through no fault of Tenant, provided all sums lawfully due to Landlord under this Lease have been paid and that the Tenant has vacated fully performed its obligations under this Lease. Landlord and Tenant agree that no interest shall be payable to Tenant on such Security Deposit and that Landlord shall not be required to hold the PremisesSecurity Deposit in a segregated account. Tenant shall not assign, whichever shall last occurtransfer or encumber its rights in the Security Deposit, and provided Tenant is any act to do so shall be without force and not then in default binding on any of its obligations hereunderLandlord. In the event Landlord shall sell the Property, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon buyer and, thereupon, Landlord shall be relieved of discharged from any further liability or obligation with respect to the Security DepositDeposit and such buyer shall be liable as Landlord under the Lease and under this section.

Appears in 1 contract

Samples: Lease Agreement (Perfumania Holdings, Inc.)

Security Deposit. (a) Tenant shall agrees to deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full 2.0 upon execution of this Lease, as security for Tenant’s 's faithful performance of its obligations obligation under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) . If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s 's default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s 's default or breach, and Landlord may so apply or use the Security Deposit this deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s 's default or breach. breach If Landlord so uses any of the Security Deposit, Deposit Tenant shall, shall within ten (10) days after written demand therefor, therefor restore the Security Deposit to the full amount previously originally deposited; Tenant’s 's failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section Article 27 hereof. Within thirty fifteen (3015) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit this deposit to the purchaser of Landlord’s interest Landlords Interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 1 contract

Samples: Office Lease (Valuestar Corp)

Security Deposit. (a) 5.1.1 Tenant shall deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of with Landlord upon the full execution of this Lease, . Said sum shall be held by Lxxxxxxx as security for Tenant’s the faithful performance by Tenant of its obligations under this Lease. If all the Base Rent shall increase during the initial term terms, covenants and conditions of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds to be kept and performed by Txxxxx and not as an additional Security Deposit so that the total amount advance rental deposit or as a measure of the Security Deposit held by Landlord shall at all times be equal to the then current Base RentLandlord’s damage in case of Txxxxx’s default. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails defaults beyond the expiration of applicable notice and cure periods with respect to pay any Rent or other amount when due and payable under provision of this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion part of the Security Deposit for Rent payments the payment of any rent or any other amount then due and unpaidsum in default, or for the payment of any amount for which Landlord has may spend or become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have spend by reason of Tenant’s default default, or breachto compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant’s default. If Landlord any portion is so uses any of the Security Depositused, Tenant shall, shall within ten five (105) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to the full its original amount previously deposited; and Tenant’s failure to do so shall constitute an act be a material breach of default hereunder and this Lease. Except to such extent, if any, as shall be required by law, Landlord shall have not be required to keep the right Security Deposit separate from its general funds, and Tenant shall not be entitled to exercise interest on such deposit. Provided no default then exists by Tenant hereunder, the Security Deposit or any remedy provided for at Section 27 hereof. Within balance thereof shall be returned to Tenant no later than thirty (30) days after the Term later of (or any extension thereofi) has expired or the Termination Date (as it may be extended), and (ii) the date Tenant has and all Tenant Entities have vacated and surrendered the Premises to Landlord in the condition required under this Lease at such time after termination of this Lease when Landlord shall have determined that all of Tenant’s obligations under this Lease have been fulfilled. In the event of a transfer of Lxxxxxxx’s interest in the Premises, whichever Landlord shall last occurhave the right to transfer the Security Deposit to the transferee and thereupon the Landlord shall, without any further agreement between the parties, be released by Tenant from all liability therefor, and provided it is agreed that the provisions hereof shall apply to every transfer or assignment of said Security Deposit to a new landlord. 5.1.2 Provided that, as of the first (1st) anniversary of the Commencement Date (the “First Reduction Date”), (i) Tenant is not then in default on any under the Lease beyond applicable notice and cure periods (provided that such notice and cure periods shall not apply if Landlord is prohibited by bankruptcy or similar laws from delivering such notice of its obligations hereunderdefault), Landlord shall return (ii) a default beyond applicable notice and cure periods has not previously occurred within the twelve (12) months immediately preceding the First Reduction Date, then the amount of the Security Deposit required under the Lease shall be reduced to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant$178,824.84. If Landlord sells its interest in Tenant satisfies the Premisesreduction conditions as of the First Reduction Date, Landlord may deliver shall, within thirty (30) days after Lxxxxxxx’s receipt of written request from Tenant and Landlord’s confirmation that Tenant satisfied the reduction conditions, effect the return of the reduction amount of the Security Deposit to in accordance with the purchaser immediately preceding sentence. Provided that, as of the second (2nd) anniversary of the Commencement Date (the “Second Reduction Date”), (i) Tenant is not then in default under the Lease beyond applicable notice and cure periods (provided that such notice and cure periods shall not apply if Landlord is prohibited by bankruptcy or similar laws from delivering such notice of default), (ii) a default beyond applicable notice and cure periods has not previously occurred within the twelve (12) months immediately preceding the Second Reduction Date, then the amount of the Security Deposit required under the Lease shall be reduced by $89,421.36. If Tenant satisfies the reduction conditions as of the Second Reduction Date, Landlord shall, within thirty (30) days after Landlord’s interest receipt of written request from Tenant and thereupon be relieved Landlord’s confirmation that Tenant satisfied the reduction conditions, effect the return of any further liability or obligation with respect to the reduction amount of the Security DepositDeposit in accordance with the immediately preceding sentence.

Appears in 1 contract

Samples: Lease Agreement (Repare Therapeutics Inc.)

Security Deposit. (a) Tenant shall agrees to deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of 2.16 upon the full execution of this LeaseCommencement Date, as security for Tenant’s 's faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) . If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s 's default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s 's default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s 's default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously originally deposited; and Tenant’s 's failure to do so shall constitute an and act of default hereunder and Landlord shall have the right to exercise any remedy provided for at permitted by Section 27 hereofwithout further notice of default. Within thirty fifteen (3015) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s 's interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 1 contract

Samples: Office Building Lease (Remedytemp Inc)

Security Deposit. (a) Tenant shall agrees to deposit with Landlord the Security Deposit set forth at Section 2(h) above, within five (5) business days of the full 2n upon execution of this Lease, as security for Tenant’s faithful performance of its obligations under this Lease. If the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) . If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit this deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefortherefore, restore the Security Deposit to the full amount previously originally deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section Article 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. Notwithstanding anything to the contrary contained herein, Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code, or any similar or successor Regulations or other laws now or hereinafter in effect. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit this deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security Deposit.

Appears in 1 contract

Samples: Lease Agreement (Blow & Drive Interlock Corp)

Security Deposit. (a) Concurrently with Tenant’s execution of this Lease, Tenant shall deposit with Landlord the sum specified in Paragraph 7 of the Basic Lease Provisions (the “Security Deposit”), except that Tenant may offset against the amount payable as Security Deposit set forth at Section 2(h) above, within five (5) business days of under the full execution of this Lease, as Lease the security for Tenant’s faithful performance of its obligations under this Lease. If deposits in the Base Rent shall increase during the initial term of this Lease or during any extensions or renewals thereof, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total aggregate amount of the Security Deposit (the “Existing Deposits”) under the Existing Leases, which Existing Deposits shall be retained by Landlord as the Security Deposit upon the expiration of the Existing Leases in accordance with Section 1.2; provided, however, that if any portion of the Existing Deposits is applied to cure a default under any of the Existing Leases, then Tenant shall also deposit with Landlord such portion of the Existing Deposits as is so applied by Landlord. The Security Deposit shall be held by Landlord shall at all times be equal to as security for the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt faithful performance by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) of this Lease by Tenant. If Tenant fails to pay any Rent or other amount when due and payable defaults under this Lease, Landlord may (but shall not be required to) use, apply or fails to perform retain all or any part of the terms hereof, Security Deposit for the payment of any Rent or to compensate Landlord for any other loss or damage which Landlord may appropriate and apply or use all or suffer thereby. If any portion of the Security Deposit for Rent payments is so used or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Depositapplied, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to the full amount previously deposited; Tenant’s failure to do so shall constitute an act of default hereunder and thereof. Landlord shall have not be required to maintain the right Security Deposit separate from its general accounts. If Tenant shall fully perform this Lease, the Security Deposit, or any balance thereof that has not theretofore been applied by Landlord, shall be returned to exercise any remedy provided for at Section 27 hereof. Within thirty Tenant, without payment of interest, within ten (3010) days after the expiration of the Term (or any extension thereof) has expired or and after Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then . In the event of termination of Landlord’s interest in default on any of its obligations hereunderthis Lease, Landlord shall return transfer the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s successor in interest whereupon Landlord shall be released from all liability for the return or accounting therefor. No trust relationship is created herein between Landlord and thereupon be relieved of any further liability or obligation Tenant with respect to the Security Deposit.

Appears in 1 contract

Samples: Office Lease (Maxim Pharmaceuticals Inc)

Security Deposit. (a) At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit with in the amount of Four Thousand Five Hundred Dollars & 00/00 ($4,5000.00) to be held and disbursed for Tenant damages to the Premises (if any) as provided by law. Tenant is in default in payment of rent or other services, Landlord may use, apply or retain all or any part of the Security Deposit set forth at Section 2(h) abovefor the payment of any rent-or apy.9ther so- of money which Tenant was obligated to pay but did not pay. Should the entire deposit, or any portion t4ercof, be applied by the Landlord as aforesaid, Tenant shall, upon the written demand by Landlord, rent to landlord a sufficient amount to r estore said deposit to the original sum deposited. Tenant's failure to make such additional deposit within five (5) business days after receipt of the full execution such demand shall constitute a breach of this Lease, as security for Tenant’s faithful performance Tenant complies with all of its obligations under the terms, covenants and conditions of this Lease. If , the Base Rent said security deposit shall increase during be returned in full to Tenant at the initial end of the term of this Lease or during upon any extensions later date after which Tenaxx xxx vacated the premises. The security deposit shall bear no interest. (1) 185 8. REAL ESTATE TAXES, "Real Estate Taxes" means real estate taxes, assessments and governmental charges assessed levied or renewals thereofimposed against the Shopping Center and includes real estate taxes, assessments, and other government charges which are special extraordinary and unforeseen. The term "Base Year means calendar year 1998. The term "real estate tax year means each successive twelve (12) month period following and corresponding to the Base Year, irrespective of the period or Periods which may from time to time in the future be established by competent authority for the purpose of levying or imposing Real Estate Taxes. Each real estate tax year after the Base Year, Tenant shall at the time of such increase, deposit with Landlord funds as an additional Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal pay to the then current Base Rent. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. (b) If Tenant fails to pay any Rent or other amount when due and payable under this Lease, or fails to perform any of the terms hereof, Landlord may appropriate and apply or use all or any portion of the Security Deposit for Rent payments or any other amount then due and unpaid, for payment of any amount for which Landlord has become obligated as a result of Tenant’s default or breach, and for any loss or damage sustained by Landlord as a result of Tenant’s default or breach, and Landlord may so apply or use the Security Deposit without prejudice to any other remedy Landlord may have by reason of Tenant’s default or breach. If Landlord so uses any of the Security Deposit, Tenant shall, within ten (10) days after written demand therefor, restore the Security Deposit to the full amount previously deposited; in writing Tenant’s failure to do so shall constitute an act 's Percentage Sham of default hereunder and Landlord shall have the right to exercise any remedy provided for at Section 27 hereof. Within thirty (30) days after the Term (or any extension thereof) has expired or Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then increases in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Tenant, or, if Tenant has assigned its interest under this Lease, to the last assignee of Tenant. If Landlord sells its interest in the Premises, Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest and thereupon be relieved of any further liability or obligation with respect to the Security DepositReal Estate Taxes.

Appears in 1 contract

Samples: Contract for Sale and Purchase of Assets (V Twin Acquisitions Inc)

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