Security Deposit. Lessee shall pay to Lessor simultaneously with the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.
Appears in 4 contracts
Sources: Lease Agreement (Benefitfocus,Inc.), Lease Agreement (Benefitfocus,Inc.), Lease Agreement (Benefitfocus,Inc.)
Security Deposit. The Lessee shall pay to Lessor simultaneously states that its Guarantor has executed the Guaranty with the execution Lessor, which guarantees all of the obligations the Lessee has assumed in the terms of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (and, upon signing this Agreement, Lessee shall deliver such Guaranty to the “Lessor. Furthermore, Lessee shall deposit the Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, covenant and condition of Deposit with Lessor upon signing this Lease Agreement. Upon an Event of Default by If Lessee under this Lease Agreement, or if Lessee fails to perform does not fulfill any of its obligations under the terms, provisions and conditions of this Lease AgreementLease, Lessor may use, apply, apply the Security Deposit on account of such obligation or retain the whole or to reimburse Lessor for any sum that Lessor may expend due to Lessee's default. If Lessor applies any part of the Security Deposit Deposit, Lessee, immediately after notice from Lessor, shall deposit with Lessor the amount so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, applied so that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and full Security Deposit available at all other remedies available to it under times during the Term of this Lease. Likewise, in case of Rent increases in terms of this Lease Agreement or otherwise. In Agreement, the event that Lessee shall comply immediately deposit to Lessor the amount that may be necessary in order for the Security Deposit to be equal to 2 (two) months of current Rent at all times during the Term of this Lease, provided that if Lessee complies with all of the terms, covenants and conditions of this Lease AgreementLease, the Security Deposit (or any balance thereof) shall be returned to Lessee within thirty not later than forty-five (3045) calendar days after Lessee has vacated and surrendered the delivery of possession of the entire Leased Premises Property to Lessor in accordance with the terms hereofof this Agreement. Additionally, so long as no Event during each year of Default by the Term of this Agreement or at Lessor’s reasonable request in writing, the Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale deliver to Lessor copy of the Building or audited financial statements of Lessee and/or the ProjectGuarantor corresponding to the preceding year. Provided that if Lessor, Lessor shall have based on such financial statements, reasonably and justifiably determines that due to the right economic solvency of Lessee and/or the Guarantor its necessary to transfer improve and/or substitute the Guaranty and/or the Security Deposit to fully guarantee Lessee’s obligations derived from this Agreement, the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to improve and/or substitute, as the new landlord for case may be, the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then Guaranty and/or the Security Deposit shall, in accordance with the foregoing and within ten the 30 (10thirty) days after demand by Lessor, be increased to an amount equal following to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentnotification in writing delivered by Lessor for said purpose.
Appears in 4 contracts
Sources: Lease Agreement (Plantronics Inc /Ca/), Lease Agreement (Plantronics Inc /Ca/), Lease Agreement (Plantronics Inc /Ca/)
Security Deposit. The Lessee shall pay agrees to deposit with Lessor simultaneously with a security deposit in the amount of $37,625.00 upon execution and delivery of this Lease Agreement a sum zero Lease, and 00/100 Dollars ($0,000.00) (that the “Security Deposit”) Lessor shall hold the same, throughout the term of this Lease, as security for the full and faithful performance by the Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of all obligations on the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed Lessee to be an election of remedies by Lessor or viewed as liquidated damageskept and performed, it being expressly understood and agreed that, notwithstanding such use, application or retention, subject to the provisions set forth below. The Lessor shall have the right from time to pursue time, without prejudice to any and other remedy the Lessor may have on account thereof, to apply such deposit, or any part thereof, to the Lessor's damages arising from any default on the part of the Lessee. Upon such application the amount so applied shall be paid by Lessee to Lessor upon demand in order that the security deposit may at all other remedies available times be equal to it under the amount set forth in Section 1. Provided the Lessee not then being in default, the Lessor shall return the deposit, or so much thereof as shall not have theretofore been applied in accordance with the terms of this Lease Agreement or otherwise. In Section 4, to the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after the expiration or earlier termination of the Lease Term and surrender of possession of Premises by the Lessee has vacated to the Lessor at such time. The Lessor shall have no obligation to pay interest on the deposit and surrendered shall have the Leased Premises right to commingle the same with the Lessor's other funds. If the Lessor conveys the Lessor's interest under this Lease, the deposit, or any part thereof not previously applied, may be turned over by the Lessor to the Lessor's grantee, and, if so turned over, the Lessee agrees to look solely to such grantee for proper application of the deposit in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease AgreementSection 4, and the return thereof in accordance herewith. In The Lessee agrees that the event Lessee will not assign, encumber or pledge, attempt to assign, encumber or pledge the moneys deposited herein as security, and that neither the Lessor, nor its successors and assigns, shall be bound by any such assignment, encumbrance or pledge, attempted assignment, attempted pledge, or attempted encumbrance. The holder of a sale mortgage of property which includes the Building or the Project, Lessor Premises shall have the right to transfer the Security Deposit not be responsible to the purchaser, and Lessor shall thereupon be released from all liability Lessee for the return or application of any such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month perioddeposit, irrespective of whether or not it succeeds to the position of the Lessor hereunder, unless such delinquencies deposit shall have been cured, then the Security Deposit shall, within ten (10) days after demand received in hand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentsuch holder.
Appears in 3 contracts
Sources: Commercial Lease (Tecogen Inc.), Commercial Lease (Tecogen Inc.), Commercial Lease (Tecogen Inc)
Security Deposit. Lessee shall pay to has deposited with Lessor, and Lessor simultaneously with the execution of this Lease Agreement a sum zero hereby acknowledges receipt of, Twenty One Thousand Two Hundred Seventv-Two and 00/100 76/100 Dollars ($0,000.0021,272.76) (the “"Security Deposit”") which shall be held by Lessor, without accrual of interest, as security for the full and faithful performance by Lessee L▇▇▇▇▇ of each and every term, covenant and condition all of the terms of this Lease Agreementand not as an advance rent deposit or a measure of Lessor’s damages in the case of L▇▇▇▇▇’s default. Upon an Event Such Security Deposit shall not be mortgaged, assigned, transferred or encumbered by L▇▇▇▇▇ without the express prior written consent of Default by Lessor. If Lessee under this Lease Agreement, or if Lessee fails shall fail to perform any of the terms, provisions and conditions terms of this Lease AgreementLease, then Lessor, at its option and without prejudice to any other remedy which Lessor may usehave on account thereof, apply, or retain the whole may appropriate and apply all or any part of the Security Deposit so deposited for toward the payment of any Rent or additional sum due Lessor hereunder or which Lessor may expend to any loss or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention damage sustained by Lessor due to such breach on the part of Lessee; and Lessee shall forthwith upon demand restore the whole or any Security Deposit to the original sum deposited. Any funds paid by Lessee to Lessor as part of the Security Deposit shall not be or be deemed as a deposit or advance pursuant to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement Lease, or otherwiseany exhibit, addendum or modification hereto, may be commingled with other funds of Lessor and need not be placed in trust, deposited in escrow or otherwise held in a segregated account. In the event that Should Lessee shall comply with all of the terms, covenants terms hereof and conditions promptly pay all of this Lease Agreementthe rentals and all other sums payable by Lessee to Lessor as they become due, the Security Deposit shall be returned in full to Lessee within thirty (30) 30 days after Lessee has vacated and surrendered the Leased Premises in accordance with end of the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease AgreementTerm. In the event of a sale of the Building bankruptcy or the Projectother creditor/debtor proceeding against L▇▇▇▇▇, Lessor shall have the right to transfer the Security Deposit shall be deemed to be first applied to the purchaser, payment of Rent and other charges due Lessor shall thereupon be released from for all liability for periods prior to the return filing of such Security Depositproceedings. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then Lessor may deliver the Security Deposit shall, within ten (10) days after demand and any other deposit made hereunder by Lessor, be increased to an amount equal L▇▇▇▇▇ to the greater purchaser of (i) three (3) times Lessor’s interest in all or any part of the aforesaid amount or (ii) three (3) months rent.Project and thereupon Lessor shall be discharged from any further liability with respect to such deposit; provided that such successor has assumed all of Lessor’s responsibilities and duties hereunder in writing; and this provision shall also apply to any subsequent transferee of Lessor
Appears in 3 contracts
Sources: Commercial Lease (Vocodia Holdings Corp), Commercial Lease (Vocodia Holdings Corp), Commercial Lease (Vocodia Holdings Corp)
Security Deposit. Lessee shall pay to Lessor simultaneously with the execution The Booking Deposit of this Lease Agreement €300.00 will be held as a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security Deposit for the full duration of the License Agreement. Please note: NO SECURITY DEPOSIT REFUND will be made, UNDER ANY CIRCUMSTANCES, if a Licencee leaves or the Licence Agreement is terminated before [3rd June 2022]. Refunds are subject to the unit (which term when used in this document shall be taken to mean the apartment unit in which the Premises is situate) in which the bedroom is situate and faithful performance by Lessee the bedroom itself and the contents of each the entire being left in a satisfactory condition. Any damages necessitating expenditure on replacements or repairs will be charged to the Licencees as they occur. Each Licencee will be responsible for any damage to the unit and every termits contents. Please note that no Security or Electricity Deposit will be refunded until the fob to the Premises have been returned, covenant the Premises and the unit and contents have been inspected and found to be in good order, repair and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseelectricity used has been paid for in full. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered does not cover all items of damage or the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale condition of the Building unit or the ProjectPremises, Lessor shall have any balance to credit of the right Electricity Deposit will be used to transfer cover the Security Deposit Licensor’s costs and the Licensor also reserves all other rights it has to pursue the Licensee to recover costs incurred by it in replacing damaged items or putting the Premises and/or unit in the condition it was provided to the purchaserLicensee. All end of year refunds will be processed and returned no later than 1st August 2022. All queries regarding a refund will need to be made in writing to Management by post or by email no later than 12th August 2022. After this date any queries received regarding a refund will not be accepted. Verbal queries will not be allowed, and Lessor shall thereupon only written queries will be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Depositacknowledged. If Lessee shall fail to pay Rent or other sums when due under a student provides wrong bank details this Lease Agreement more than three (3) times will result in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days process being delayed and the refund returned after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent1st August 2022.
Appears in 3 contracts
Sources: Licence Agreement, Licence Agreement, Licence Agreement
Security Deposit. Lessee shall pay to Lessor simultaneously with Upon the execution of this Lease Agreement Lease, Lessee shall make a sum zero and 00/100 deposit, in cash, with Lessor or deliver to Lessor a letter of credit in favor of Lessor, in an amount equal to ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Dollars ($0,000.00US$160,000) (the “Security Deposit”) to serve as security for the Lessee's full and faithful performance by Lessee of each and every term, covenant and condition all of this Lease Agreement. Upon an Event of Default by Lessee its obligations under this Lease Agreement, (the "Security Deposit"). If Lessee fails to pay Rent or if Lessee any other sums due or fails to perform any of the terms, other terms or provisions and conditions of this Lease Agreementor is otherwise in Default hereunder, in addition to all other rights Lessor shall have, Lessor may use, apply, apply or retain the whole all or any part portion of the Security Deposit so deposited in partial payment for any sums it may in its discretion advance as a result of a Default by the payment Lessee or to apply toward losses or expenses Lessor may suffer or incur as a result of such Default. If Lessor uses or applies all or any portion of the Security Deposit, such application shall not be deemed a cure of any sum due Default, and Lessee shall immediately upon receipt of written demand from Lessor or which Lessor may expend or pay an amount necessary to restore the Security Deposit to its required amount, and the failure to do so shall be required to expend by reason of the Lessee’s an Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwisewithout further notice. In the event that the Lessee shall comply with all does not make timely payments of Basic Rent in any two consecutive months during the termsTerm, covenants the Lessor, without limitation to any other rights and conditions of this Lease Agreementremedies hereunder, may on each such occasion require the Lessee to increase the Security Deposit by an amount equal to one payment of Basic Rent.
3.5.1. The Security Deposit shall be remain in effect until after the Aircraft is returned to Lessee within in the condition required by this Lease. Any letter of credit shall have a stated termination date thirty (30) days after Lessee has vacated and surrendered expiration of the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Term. Lessee shall then not be existing under entitled to off-set any Rent against the terms of this Lease AgreementSecurity Deposit. In After the event of a sale return of the Building or Aircraft in the Projectcondition required by this Lease, Lessor shall have the right to transfer return the Security Deposit to the purchaserDeposit, and Lessor shall thereupon be released from without interest, provided that Lessee has otherwise fulfilled all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Depositits obligations hereunder.
3.5.2. If Lessee shall fail provide a letter of credit, it must (A) be issued or confirmed by a United States money center bank acceptable to pay Rent or other sums when due under this Lease Agreement more than three Lessor in its sole discretion; (3B) times in any twelve provide that it is irrevocable; (12C) month period, irrespective of whether or not such delinquencies have been cured, then provide that it shall be automatically extended throughout the Security Deposit shall, within ten (10) Term and until thirty days after demand expiration of the Term, unless eighty days prior to expiration of the letter of credit the issuing or confirming bank notifies Lessor in writing by Lessorregistered mail, return receipt requested, that the letter of credit shall expire; (D) be increased available by sight payment; (E) provide for partial draws; and (F) be substantially in the form attached hereto as Exhibit ▇. ▇▇▇▇▇▇ shall be entitled to an draw the entire amount equal to of the greater letter of credit (i) three (3) times upon an Event of Default, including, without limitation, failure of Lessee to accept delivery of or lease the aforesaid amount Aircraft in accordance herewith; or (ii) three if it receives notice by the issuing bank or Lessee that the letter of credit shall expire, or not be renewed as required hereunder during the Term of this Lease and until thirty days after expiration of the Term and it has not been replaced or extended within sixty (360) months rentdays prior to its expiration. In addition to any other amounts Lessee shall pay hereunder, Lessee shall pay all costs of maintaining the letter of credit and pay Lessor any expenses incurred in exercising its rights to draw on such letter of credit, including any attorney's fees required to enforce its rights.
Appears in 3 contracts
Sources: Aircraft Lease Agreement (American Income Fund I-A), Aircraft Lease Agreement (American Income Partners v a LTD Partnership), Aircraft Lease Agreement (Airfund Ii International Limited Partnership)
Security Deposit. The Lessee shall pay to Lessor simultaneously with hereby deposits the execution sum of this Lease Agreement a sum zero and 00/100 Ten Thousand One Hundred Sixty Dollars ($0,000.0010,160.00) (with the “Security Deposit”) Lessor, the receipt of which is hereby acknowledged, as security for the full and faithful performance by the Lessee of each and every term, covenant and condition of this Lease AgreementLease. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any shall maintain the full amount of the security deposit throughout the term of this Lease. In the event that the Lessee defaults with respect to any terms, provisions provisions, covenants and conditions of this Lease AgreementLease, including but not limited to payment of any rentals, the Lessor may use, apply, apply or retain the whole or any part of the Security Deposit security so deposited for the payment of any sum due Lessor such rentals in default or for any such sums which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including's default, but not limited to, including any damages or deficiency in the reletting of the Leased Demised Premises, provided, however, that any whether such use, application damages or retention deficiency may accrue before or after summary proceedings or other re-entry by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseLessor. In the event that the Lessee shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease AgreementLease, the Security Deposit shall security or the balance thereof will be returned to the Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with time fixed as the terms hereof, so long as no Event of Default by expiration thereof. The Lessee shall then not be existing under entitled to any interest on the terms security. In the absence of evidence satisfactory to the Lessor of any assignment of the right to receive this security, or the remaining balance thereof, the Lessor may return the security to the original Lessee, regardless of one or more assignments of the Lease Agreementitself. Prior to the time when the Lessee shall be entitled to return of the security deposit, the Lessor shall be entitled to intermingle such deposit with its own funds and to use such funds for purposes as the Lessor may determine. In the event of a sale of bona fide sale, subject to this Lease, the Building or the Project, Lessor shall have the right to transfer the Security Deposit security deposit to the purchaservendee for the benefit of the Lessee, and the Lessor shall thereupon be considered released by the Lessee from all liability for the return of such Security Deposit. sum, and the Lessee shall agrees to look solely to the new landlord solely for the return of such Security Deposit. If Lessee shall fail the security, and it is agreed that this apply to pay Rent every transfer or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective assignment made of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased security to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months renta new landlord.
Appears in 3 contracts
Sources: Lease (Skillsoft Public Limited Co), Lease (Skillsoft Corp), Lease Agreement (Skillsoft Public Limited Co)
Security Deposit. Lessee shall pay to Lessor simultaneously with A. To secure the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by Lessee Tenant of each all the covenants, conditions and every termagreements in this Sublease set forth and contained on the part of Tenant to be fulfilled, covenant kept, observed and condition performed including, but not by way of limitation, such covenants and agreements in this Sublease which become applicable upon the termination of the same by re-entry or otherwise, Tenant shall deposit with Landlord the Security Deposit as specified in Section 1(N) on the understanding that: (a) the Security Deposit or any portion thereof not previously applied, or from time to time, such one or more portions thereof, may be applied to the curing of any default that may then exist, without prejudice to any other remedy or remedies which Landlord may have on account thereof, and upon such application Tenant shall pay Landlord on demand the amount so applied which shall be added to the Security Deposit so the same may be restored to its original amount; (b) should the Prime Lease be assigned by Landlord, the Security Deposit or any portion thereof not previously applied may be turned over to Landlord's assignee and if the same be turned over as aforesaid, Tenant hereby releases Landlord from any and all liability with respect to the Security Deposit and/or its application or return; (c) if permitted by law, Landlord or its successor shall not be obligated to hold the Security Deposit as a separate fund, but on the contrary may commingle the same with its other funds; (d) if Tenant shall faithfully fulfill, keep, perform and observe all of the covenants, conditions and agreements in this Sublease set forth and contained on the part of Tenant to be fulfilled, kept, performed and observed, the sum deposited or the portion thereof not previously applied, shall be returned to Tenant without interest no later than thirty (30) days after the expiration of the Term of this Lease Agreement. Upon Sublease or any renewal or extension thereof, provided Tenant has vacated the Premises and surrendered possession thereof to Landlord at the expiration of the Term or any extension or renewal thereof as provided herein; (e) in the event that Landlord terminates this Sublease or Tenant's right to possession by reason of an Event of Default by Lessee under this Lease AgreementTenant, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor Landlord may use, apply, or retain the whole or any part of apply the Security Deposit so deposited for against damages suffered to the payment date of any sum due Lessor such termination and/or may retain the Security Deposit to apply against such damages as may be suffered or which Lessor may expend or be required to expend shall accrue thereafter by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency Tenant's default; and (f) in the reletting of the Leased Premisesevent any bankruptcy, providedinsolvency, howeverreorganization or other creditor-debtor proceedings shall be instituted by or against Tenant, that any such use, application or retention by Lessor of the whole its successors or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreementassigns, the Security Deposit shall be returned deemed to Lessee within thirty (30) days after Lessee has vacated be applied first to the payment of any Rent due Landlord for all periods prior to the institution of such proceedings, and surrendered the Leased Premises in accordance with the terms hereofbalance, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale if any, of the Building Security Deposit may be retained or paid to Landlord in partial liquidation of Landlord's damages.
B. Notwithstanding the Projectabove, Lessor Tenant shall have the right to transfer post a letter of credit in place of the Security Deposit cash security deposit required in Section 26(A) of this Sublease in the same manner as Landlord has the right to post a letter of credit rather than cash security pursuant to Section 39(c) of the purchaserPrime Lease. In addition, and Lessor Tenant shall thereupon be released from all liability have the obligation to post a letter of credit as additional security for this Sublease in the same manner as Landlord is obligated to post additional security for the return Prime Lease pursuant to Section 39(b) of such Security Deposit. Lessee the Prime Lease (except that the test shall look solely to be the new landlord for ▇▇▇▇▇'▇ and/or Standard & Poors rating of TriMas Company, LLC, the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more guarantor, rather than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLandlord).
Appears in 3 contracts
Sources: Asset Purchase Agreement (Metaldyne Corp), Asset Purchase Agreement (Trimas Co LLC), Fittings Facility Sublease (Trimas Corp)
Security Deposit. Lessee Resident shall pay to Lessor simultaneously with the upon execution of this Lease Agreement a Contract the sum zero of $ , which Lessor may deposit or save with its other funds or deposits from other Residents and 00/100 Dollars ($0,000.00) (the “Security Deposit”) which Lessor is to retain as security for the full and faithful performance by Lessee Resident of each all the covenants, conditions, and every term, covenant and condition agreements of this Lease AgreementContract. Upon an Event of Default by Lessee under this Lease AgreementLessor may, without further notice, apply the security deposit on any charges or if Lessee fails on damages for the Resident’s failure to perform any the said covenants, conditions, and agreements on this Contract, but in no event shall the Lessor be obligated to apply the security deposit in such manner. The Lessor’s right to possession of the terms, provisions and conditions Premises for nonpayment of this Lease Agreement, Lessor may use, apply, Rent or retain the whole or for any part of the Security Deposit so deposited for the payment of other reason shall not in any sum due Lessor or which Lessor may expend or event be required to expend affected by reason of the Lessee’s Event fact that the Lessor holds this security deposit. The security deposit shall accrue no interest payable to Resident. If the security deposit is not applied toward the payment of Default Rent, utilities, cleaning, damages, or failure to perform includingcourt costs, but not limited to, any damages or deficiency in the reletting including attorneys’ fees suffered by Lessor by reason of the Leased Premises, provided, however, that any such use, application or retention by Lessor Resident’s breach of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damagescovenants, it being expressly understood conditions, and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms agreements of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease AgreementContract, the Security Deposit security deposit, or portions thereof, if any due, shall be returned to Lessee within thirty (30) days after Lessee Resident pursuant to Wyoming statutes. In no event is the said security deposit to be returned until and unless the Resident has fully performed the obligations hereunder and has vacated the Premises, and surrendered properly cleaned it and delivered the Leased keys and possession to the Lessor. If Resident vacates the Premises in accordance with prior to the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms expiration of this Lease Agreement. In the event of a sale of the Building or the ProjectContract, Lessor shall have the right Resident agrees to transfer the Security Deposit pay Lessor, in addition to the purchaserall other charges and liabilities provided herein, and in addition to and not in lieu of all rights and remedies of Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month periodhereunder, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount liquidated damages equal to the greater of fifty percent (50%) or two (2) month’s rent of the remaining amounts due under Contract to cover the Lessor’s cost of advertising and re-renting the Premises and for the miscellaneous costs and inconveniences experienced by Lessor. Lessor and Resident agree that: (i) three (3) times the aforesaid amount or of liquidated damages collectible under this Contact constitutes a reasonable amount of actual damages incurred by Lessor allocated to administrative costs and expenses by reason of Resident’s default under this Contract; (ii) three actual damages allocated to administrative costs and expenses occasioned by Resident’s default hereunder are difficult to determine; and (3iii) months rentsuch amounts are not the imposition of a penalty by Lessor.
Appears in 2 contracts
Sources: Residential Lease Agreement, Residential Lease Agreement
Security Deposit. Lessee shall pay to Lessor simultaneously a. Concurrent with the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) Lease, Lessee has deposited with Lessor an unconditional, irrevocable letter of credit (the “Security Deposit”"Letter of Credit") in favor of Lessor in an amount equal to the "L C Amount" (as hereinafter defined) in form and from an issuer reasonably acceptable to Lessor, having an expiration date not sooner than one (1) year following the date thereof, which Letter of Credit shall be renewed or replaced annually, at least fifteen (15) days prior to the expiration date thereof for additional one-year periods until the expiration of the Term, as security for the full and faithful performance by Lessee of each and every term, covenant and condition provision of this Lease Agreementto be performed by Lessee (such Letter of Credit and/or any proceeds thereof are collectively referred to herein as the "Security Deposit"). Upon As used herein, the "LC Amount" shall mean an Event amount equal to the sum of Default (i) the Lessee Improvement Allowance plus (ii) all commissions payable by Lessor to the Brokers referenced in Article I.n. above in connection with this Lease; provided, however, that the LC Amount shall be reduced by twenty percent (20%) of the original amount thereof on each anniversary of the Commencement Date occurring during the Term, provided that in no event shall the LC Amount be reduced below the amount of the last month's Base Rent payable under this Lease. All costs of obtaining, maintaining, replacing, renewing and/or restoring the Letter of Credit in accordance with this Article 6 shall be born by Lessee. Such Letter of Credit shall be such that it may be drawn upon in part or in full, periodically, or at one time, upon presentation of only the Letter of Credit, a draft from Lessor in the amount to be drawn, and certification from Lessor that Lessor is entitled to draw upon the Letter of Credit pursuant to the provisions of this Lease. If Lessor shall at any time draw upon such Letter of Credit in accordance with this Article 6, Lessee shall immediately restore such Letter of Credit to the then applicable full LC Amount. Lessee agrees that the Letter of Credit may be presented by Lessor for payment (1) upon the occurrence of a default by Lessee under this Lease Agreement(after Lessee's receipt of written notice thereof from Lessor and the expiration of any applicable cure period provided in Article 22 below), or if (2) in the event Lessee fails has not, within fifteen (15) days prior to perform any the expiration of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part then term of the Security Deposit so deposited for the payment Letter of any sum due Credit, delivered to Lessor a renewed or which Lessor may expend or be required to expend by reason replacement Letter of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply Credit complying with all of the terms, covenants and conditions requirements of this Lease AgreementLease, and/or (3) in the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered event Lessor draws upon the Leased Premises Letter of Credit in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right Lessee's default pursuant to transfer the Security Deposit to the purchaserclause (1) above, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shalldoes not, within ten (10) days after written demand therefor, restore the Letter of Credit to its original amount. Lessee shall not in any manner interfere with the payment to Lessor of the proceeds of the Letter of Credit pursuant to this case either prior to or following presentment by Lessor pursuant hereto, and Lessee shall be liable to Lessor for any loss suffered by Lessor as a result of such interference, including, without limitation, any attorneys' fees and costs. Lessee hereby agrees that it may be enjoined from interfering or attempting to interfere, directly or indirectly, with Lessor's negotiation of the Letter of Credit. The proceeds of the Letter of Credit paid to Lessor upon presentment thereof shall be the Security Deposit for use in the manner set forth in this Article 6. Notwithstanding anything to the contrary contained herein, Lessee may at any time replace the Letter of Credit with a cash security deposit in the amount of the then applicable LC Amount, in which event such cash shall be held as the Security Deposit in accordance with this Lease and Lessor shall return to Lessee the Letter of Credit then held by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.
Appears in 2 contracts
Sources: Office Lease (Doubleclick Inc), Office Lease (Netgravity Inc)
Security Deposit. Lessee Licensee shall pay «Monthly_Fee» (an amount not to Lessor simultaneously exceed one month's License Fee) on or before «Start_Date» to be held by the University during the term hereof, or any extension or renewal, as a security deposit pursuant to the terms hereof; it being understood that THIS DEPOSIT IS NOT TO BE CONSIDERED AS A PREPAID LICENSE FEE, nor shall any damages be limited to the amount of the security deposit. The University shall furnish Licensee with a separate receipt at the execution time of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (receiving the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails any partial payment thereof. The University acknowledges that, subject to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend damages prescribed by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damageslaw, it being expressly understood and agreed thatshall, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated the termination of the License or upon Licensee's vacating the premises completely together with all of Licensee's goods and surrendered possessions, whichever shall last occur, return the Leased security deposit or any balance thereof, and any interest thereon, if due, after deducting
(1) Any unpaid License fees;
(2) A reasonable amount necessary to repair any damage caused to the Premises in accordance by Licensee or any person under Licensee's control or on the Premises with the terms hereofLicensee's consent, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreementreasonable wear and tear excluded, but failure to clean included. In the event case of a sale such damage, the University shall provide the Licensee, within thirty (30) days, with an itemized list of damages, sworn to by the University or its agent under pains and penalties of perjury, itemizing in precise detail the nature of the Building damages and of the repairs necessary to correct it, and written evidence, such as estimates, bills, invoices or receipts, indicating the actual estimated costs thereof. The University shall submit to Licensee a separate written statement of the present condition of the Premises. If the Licensee disagrees with the University's statement of condition, Licensee must attach a separate list of any damage existing in the Premises and return the statement to the University. No amount shall be deducted from the security deposit for any damage which was listed in the statement of condition or in any separate list submitted by Licensee and approved by the University or the ProjectUniversity's agent, Lessor unless the University subsequently repaired or caused to be repaired said damage and can prove that the renewed damage was unrelated to the prior damage and was caused by the Licensee or by any person under the Licensee's control or on the Premises with Licensee's consent. If the University transfers the Premises, the University shall have the right to transfer the Security Deposit security deposit or any balance thereof, and any accrued interest, to the purchaser, and Lessor shall thereupon be released from all liability University's successor in interest for the return benefit of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security DepositLicensee. If Lessee the security deposit is held for one year or longer from the commencement of Licensee's occupancy, Licensee shall fail be entitled to pay Rent or other sums when due under this Lease Agreement more than three interest on the amount of the security deposit at the rate of two percent (32%) times in any twelve (12) month periodper year, irrespective payable at the end of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater each year of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLicensee's occupancy.
Appears in 2 contracts
Sources: Student Occupancy License, Student Occupancy License
Security Deposit. Lessee shall pay to will deposit with Lessor simultaneously with the execution sum of Eleven Thousand Dollars ($11,000.00) at the time of signing of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance and observance by Lessee of each the terms, provisions, and every term, covenant and condition conditions of this Lease AgreementLease. Upon an Event of Default by It is agreed that in the event Lessee under this Lease Agreement, or if Lessee fails defaults in respect to perform any of the terms, provisions provisions, and conditions of this Lease AgreementLease, including but not limited to, the payment of rent and additional rent, Lessor may use, apply, or retain the whole or any part of the Security Deposit security so deposited to the extent required for the payment of any rent and additional rent or any other sum due Lessor or as to which Lessor Lessee may expend or may be required to expend by reason of Lessee's default in respect of any of the Lessee’s Event terms, covenants, and conditions of Default or failure to perform includingthis Lease, including but not limited to, any damages or deficiency in the reletting of the Leased PremisesDemised Premises after an event of default, providedwhether such damages or deficiency accrued before or after summary proceedings or other re-entry by Lessor. Upon notice from Lessor that sums have been so applied, however, that any such use, application or retention by Lessor of Lessee shall within ten (10) days replenish the whole or any part of the Security Deposit shall not be or be deemed security deposit to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseits original amount. In the event that Lessee shall fully and faithfully comply with all of the termsterms provisions, covenants covenants, and conditions of this Lease AgreementLease, the Security Deposit security shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with date fixed as the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms end of this Lease Agreementand after delivery of entire possession of the Demised Premises to Lessor, without interest. In the event of a sale of the Building or the Projectland and building, Lessor shall have the right to transfer the Security Deposit security to the purchaser, buyer thereof and Lessor shall thereupon be released by Lessee from all liability for the return of such Security Deposit. security; and Lessee shall agrees to look solely to the new landlord Lessor solely for the return of said security. It is agreed that the provisions hereof shall apply to every transfer of assignment made of the security to a new Lessor. Lessee further covenants that it will not assign or encumber or attempt to assign or encumber the monies deposited herein as security and that neither Lessor nor their successors or assigns shall be bound by any such Security Depositassignment, encumbrance, attempted assignment, or attempted encumbrance. If It is understood by Lessee shall fail that no part of the security is to pay Rent or other sums when be considered as any rental due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective the terms of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLease.
Appears in 2 contracts
Sources: Lease Agreement (Pinnacle Foods Inc), Lease Agreement (Pinnacle Foods Inc)
Security Deposit. Lessee shall pay to Lessor simultaneously 29.1 Tenant has provided Landlord with a Letter of Credit in the execution amount of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) 175,000 as security for the full and faithful punctual performance by Lessee Tenant of each and every term, covenant and condition all of the terms of this Lease AgreementLease. Upon an Provided there has been no Event of Default by Lessee under this Lease AgreementTenant, or if Lessee fails to perform the amount of the Letter of Credit shall be reduced by one-third ($58,333.33) at the end of each of the first three years of the Term. At the expiration of the third year of the Term Tenant shall deposit with Landlord the sum of $12,824 as such security. In the event Tenant defaults in the performance of any of the terms, provisions and conditions terms of this Lease Agreementfollowing the expiration of applicable notice and cure periods, Lessor including the payment of Rent, Landlord may apply the whole or any part of the Letter of Credit or use, apply, apply or retain the whole or any part of the Security Deposit security so deposited deposited, as the case may be, to the extent required for the payment of any Rent or for any sum due Lessor or which Lessor Landlord may expend or may be required to expend by reason of Tenant’s default in respect of any of the Lessee’s Event terms of Default or failure to perform includingthis Lease, but not limited to, including any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application whether accruing before or retention after summary proceedings or other reentry by Lessor Landlord. In the case of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding every such use, application or retention, Lessor Tenant shall, on demand, pay to Landlord the sum so used, applied or retained which shall have be added to the right security deposit so that the same shall be replenished to pursue any its former amount. If Tenant shall fully and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall punctually comply with all of the terms, covenants and conditions terms of this Lease AgreementLease, the Security Deposit security, without interest, shall be returned to Lessee within thirty (30) days Tenant after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms termination of this Lease Agreementand delivery of exclusive possession of the Premises to Landlord. In the event of a sale or lease of the Building or the Project, Lessor Landlord shall have the right to transfer the Security Deposit security to the purchaser, vendee or lessee and Lessor Landlord shall thereupon ipso facto be released by Tenant from all liability for the return of such Security Deposit. Lessee shall security; and Tenant agrees to look solely to the new landlord for the return of said security; and it is agreed that the provisions hereof shall apply to every transfer or assignment made of the security to a new landlord. Tenant shall not assign or encumber or attempt to assign or encumber the monies deposited herein as security and neither Landlord nor its successors or assigns shall be bound by any such Security Deposit. If Lessee shall fail to pay Rent assignment, encumbrance, attempted assignment or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentencumbrance.
Appears in 2 contracts
Sources: Lease Agreement (Cerecor Inc.), Lease Agreement (Cerecor Inc.)
Security Deposit. The Lessee shall pay to Lessor simultaneously hereby deposits the sum of Two Thousand Nine Hundred Eighty-Seven Dollars and Twenty-Nine Cents ($2,987.29) with the execution Lessor, the receipt of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) which is hereby acknowledged, as security for the full and faithful performance by the Lessee of each and every term, covenant and condition of this Lease AgreementLease. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any shall maintain the full amount of the security deposit throughout the term of this Lease. In the event that the Lessee defaults with respect to any terms, provisions provisions, covenants and conditions of this Lease AgreementLease, including but not limited to payment of any rentals, the Lessor may use, apply, apply or retain the whole or any part of the Security Deposit security so deposited for the payment of any sum due Lessor such rentals in default or for any such sums which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including's default, but not limited to, including any damages or deficiency in the reletting of the Leased Demised Premises, provided, however, that any whether such use, application damages or retention deficiency may accrue before or after summary proceedings or other reentry by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseLessor. In the event that the Lessee shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease AgreementLease, the Security Deposit shall security or the balance thereof will be returned to the Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with time fixed as the terms hereof, so long as no Event of Default by expiration thereof. The Lessee shall then not be existing under entitled to any interest on the terms security. In the absence of evidence satisfactory to the Lessor of any assignment of the right to receive this security, or the remaining balance thereof, the Lessor may return the security to the original Lessee, regardless of one or more assignments of the Lease Agreementitself. Prior to the time when the Lessee shall be entitled to return of the security deposit, the Lessor shall be entitled to intermingle such deposit with its own funds and to use such funds for purposes as the Lessor may determine. In the event of a sale of bona fide sale, subject to this Lease, the Building or the Project, Lessor shall have the right to transfer the Security Deposit security deposit to the purchaservendee for the benefit of the Lessee, and the Lessor shall thereupon be considered released by the Lessee from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.of
Appears in 2 contracts
Sources: Lease (Skillsoft Corp), Lease (Skillsoft Corp)
Security Deposit. Lessee shall pay to Lessor simultaneously with Upon listing below the execution amount, check number, date, or other appropriate information, the Landlord acknowledges the receipt of this Lease Agreement the following security deposit: Until receipt of a sum zero and 00/100 Dollars security deposit of THIRTEEN THOUSAND FOUR HUNDRED AND 001100 DOLLARS ($0,000.0013,400.00) (This lease shall not be binding on the “Security Deposit”) as Landlord. The security for deposit is given to secure the full and faithful performance by Lessee the Tenant of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants covenants, and conditions of this Lease Agreement, lease by Tenant to be kept and performed during the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered term hereof. Tenant agrees that if the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee Tenant shall fail to pay Rent the rent herein reserved promptly when due, said deposit may, at the option of the Landlord (but Landlord shall not be required to), be applied to any rent due and unpaid, and if the Tenant violates any of the other terms, covenants, and conditions of this lease, said deposit may be applied to any damages suffered by Landlord as a result of Tenant's default to the extent of the amount of damages suffered. Nothing contained in this Article shall in any way diminish or be construed as waiving any of Landlord's other remedies as provided in this lease or by law or in equity. Should the entire security deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of overdue rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been curedand payable to Landlord by Tenant hereunder, then the Security Deposit Tenant shall, on the written demand of Landlord, forthwith remit to Landlord a sufficient amount of cash within ten (10) days after demand receipt of such demand, or it shall constitute a breach of this lease. Should Tenant comply with all of the terms and covenants and conditions of this lease and promptly pay all of the rental herein provided for as it falls due, and all other sums payable to Landlord by LessorTenant hereunder, said security deposit shall be increased returned in full to an amount equal Tenant after the end of the term of this lease. In no event shall Landlord be deemed to be a trustee of the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentsecurity deposit, and Tenant shall not be entitled to interest on any sums deposited under this section.
Appears in 2 contracts
Sources: Lease (Landacorp Inc), Lease (Landa Management Systems Corp)
Security Deposit. Lessee LESSEE shall pay to Lessor simultaneously with LESSOR a security deposit in the amount of $92,539.50 upon the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) Lease, which amount shall be held as security by ▇▇▇▇▇▇ (and may be commingled with other fund of LESSOR) for ▇▇▇▇▇▇'s performance as herein provided and refunded to LESSEE with interest at the full and faithful performance by Lessee of each and every term, covenant and condition prevailing money market rate at the end of this Lease Agreementsubject to LESSEE'S satisfactory compliance with the conditions hereof. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit The security deposit shall not be mortgaged, assigned, transferred or be deemed to be an election encumbered by ▇▇▇▇▇▇ without the written consent of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease AgreementLESSOR. In the event of any default or breach of this Lease by ▇▇▇▇▇▇, LESSOR shall immediately apply the security deposit first to any unamortized improvements completed for LESSEE's occupancy, then to offset any outstanding invoice or other payment due to LESSOR, with the balance applied to outstanding rent, and LESSEE shall forthwith upon demand restore said security to the original sum deposited. ▇▇▇▇▇▇'s failure to remit the full security deposit when due shall constitute a sale default of this Lease. Notwithstanding the foregoing, ▇▇▇▇▇▇ may request that LESSOR reimburse to LESSEE $46,269.75 of the Building security deposit if and when ▇▇▇▇▇▇'s net worth, calculated in accordance with generally accepted accounting principles, equals or the Project, Lessor exceeds $5,500,000. Any such request shall have the right to transfer the Security Deposit be accompanied by appropriate financial statements and a certificate of ▇▇▇▇▇▇'s chief financial officer to the purchasereffect that ▇▇▇▇▇▇'s net worth has increased as aforesaid. In the event at the time of such request LESSEE is not in default under this Lease, and Lessor LESSOR shall release to LESSEE $46,269.75. Following any release of monies as aforesaid, LESSEE shall submit to LESSOR quarterly financial statements on a continuing basis certified by ▇▇▇▇▇▇'s chief financial officer showing ▇▇▇▇▇▇'s net worth. In the event LESSEE'S net worth at any time falls below $5,500,000, LESSEE shall thereupon be released become obligated, without notice from all liability for LESSOR, to forthwith increase the return of such Security Deposit. Lessee shall look solely security deposit to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent$92,539.50.
Appears in 2 contracts
Sources: Commercial Lease (Maker Communications Inc), Commercial Lease (Maker Communications Inc)
Security Deposit. Lessor acknowledges that it has received from Lessee shall pay to Lessor simultaneously with the execution sum of this Lease Agreement as a sum zero and 00/100 Dollars security deposit. ($0,000.00) (hereinafter the “Security Deposit”) as to secure performance of Lessee’s obligations hereunder. On December 1, 2016, the shall be returned to Lessee and replaced with a security for deposit of in the full and faithful performance form of a letter of credit issued by a commercial bank reasonably satisfactory to Lessor upon which presentment may be made in Boston, Massachusetts Lessor agrees (a) to pay over said Security Deposit to any purchaser of the Building of which the Leased Premises are a part, notify Lessee of each that pay over, and every term, covenant and condition to provide Lessee with written acknowledgment by such purchaser subject to the terms of this Lease Agreement. Upon an Event lease, provided (i) no default of Default by Lessee under then exists and (ii) said Security Deposit has not been used to correct any default of Lessee, in which event only the balance remaining after Lessor has made itself whole shall be paid over to such purchaser; and (b) to pay to Lessee at the expiration or termination of this Lease Agreementlease said Security Deposit provided (i) no default of Lessee then exists, or if Lessee fails (ii) said Security Deposit has not been paid over to perform any a purchaser of the termsBuilding of which the Leased Premises are a part, provisions and conditions (iii) said Security Deposit has not been used to correct any default of Lessee in which event only the balance remaining, if any, after Lessor has made itself whole shall be reimbursable to Lessee. Lessee agrees ((a)) said Security Deposit may be used by Lessor, in addition to any other remedy available under the terms of this Lease Agreementagreement or by law available to Lessor, Lessor may use, apply, or retain the whole or to remedy any part default of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that Lessor shall be under no obligation to correct any such usedefault, application and may at Lessor’s sole and exclusive election avail itself of any other remedy available under the Terms of this Agreement or retention by Lessor otherwise available at law or in equity, ((b)) in the event said Security Deposit is paid over to any purchaser of the whole or any part Building of which the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease AgreementLeased Premises are a part, the Lessor who has paid over said Security Deposit shall be returned to Lessee within thirty released and discharged from all liability of said deposit and (30(c)) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event said Security Deposit or any part thereof is used by Lessor to remedy any default of a sale of the Building or the ProjectLessee, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released and discharged from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the said Security Deposit shall, within ten (10) days after demand by Lessor, be increased or such portion thereof as Lessor may have used to correct Lessee’s default. Lessor shall have no obligation to place this Security Deposit in an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentinterest bearing account.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Security Deposit. Lessee shall pay to Lessor simultaneously A security deposit in an aggregate amount that, when combined with any other security deposit held by COUNTY hereunder or under the execution of this Lease Agreement a sum zero and 00/100 Original Agreement, equals One Hundred Thousand Dollars ($0,000.00100,000) (the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned provided to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, COUNTY within ten (10) days after demand by Lessor, the Effective Date. This amount shall be increased to an amount equal to the greater of (i) adjusted every three (3) times years on January 1st as per the aforesaid Cost Index, but in no case shall 1) the amount be less than $100,000 or 2) adjust by more than fifteen percent (ii15%) in any three year period. All or any portion of the principal sum shall be available unconditionally to Director of OC WASTE & RECYCLING for correcting any default, breach of this Agreement, or penalty or fine caused by the action or inaction of ▇▇▇▇▇▇▇▇ POWER, its successors or assigns, or for payment of expenses incurred by COUNTY as a result of the failure of ▇▇▇▇▇▇▇▇ POWER, its successors or assigns, to perform all terms, covenants, and conditions of this Agreement. In the event the Director of OC WASTE & RECYCLING withdraws any or all of the security deposit as provided herein, ▇▇▇▇▇▇▇▇ POWER shall, within thirty (330) months rentdays of notification of any withdrawal by Director of OC WASTE & RECYCLING, accompanied with an explanation as to why such withdrawal was warranted under this Agreement, replenish the security deposit to maintain it at the most current calculated amount including any and all Cost Index adjustments. Failure to do so shall be deemed a default and shall be grounds for immediate termination of this Agreement. Such security deposit shall be in the form, at the sole discretion of ▇▇▇▇▇▇▇▇ POWER, of either cash or an irrevocable letter of credit, which shall be in a form and issued by a financial institution acceptable to COUNTY. COUNTY acceptance of same shall not be unreasonably withheld, conditioned or delayed. The security deposit shall be rebated, reassigned, released, or endorsed by Director of OC WASTE & RECYCLING to ▇▇▇▇▇▇▇▇ POWER within thirty (30) days of the end of the term of this Agreement, provided ▇▇▇▇▇▇▇▇ POWER has fully performed each and every material term, covenant, and condition of this Agreement. In the event ▇▇▇▇▇▇▇▇ POWER terminates this Agreement prior to the completion of the Term of this Agreement ▇▇▇▇▇▇▇▇ POWER shall forfeit this security deposit and the COUNTY shall have the right to retain it as an Early Termination Penalty unless such termination is due to a default by the COUNTY (“Early Termination Fee’).
Appears in 2 contracts
Sources: Landfill Gas Rights & Production Facilities Agreement, Landfill Gas Rights & Production Facilities Agreement
Security Deposit. Lessee shall pay Lessor acknowledges that ▇▇▇▇▇▇ has established, or will prior to the Commencement Date establish, an unconditional, irrevocable letter of credit (“Letter of Credit”) for the benefit of Lessor simultaneously with in the execution sum of this Lease Agreement a sum zero ninety-three thousand one hundred and 00/100 Dollars eighty three dollars and thirty cents ($0,000.0093,183.30) (hereinafter the “Security Deposit”) as security for to secure performance of ▇▇▇▇▇▇’s obligations hereunder. As set forth herein, Lessor agrees (a) to transfer said Security Deposit to any purchaser of the full and faithful performance by Building of which the Leased Premises are a part, notify Lessee of each that pay over, and every termto provide Lessee with written acknowledgment by such purchaser subject to the terms of this Lease, covenant provided (i) no Default of Lessee then exists and condition (ii) said Security Deposit has not been used to correct any default of Lessee, in which event only the balance remaining after Lessor has made itself whole shall be transferred to such purchaser; and (b) to pay to Lessee at the expiration or termination of this Lease Agreement. Upon an Event said Security Deposit provided (i) no Default of Default by Lessee under this Lease Agreementthen exists, or if Lessee fails (ii) said Security Deposit has not been transferred to perform any a purchaser of the termsBuilding of which the Leased Premises are a part, provisions and conditions (iii) said Security Deposit has not been used to correct any Default of Lessee in which event only the balance remaining, if any, after Lessor has made itself whole shall be reimbursable to ▇▇▇▇▇▇. In the event that Lessor transfers its interest in the Leased Premises, Lessee shall upon notice from and at no cost to Lessor, deliver to Lessor an amendment to the Letter of Credit or a replacement Letter of Credit naming ▇▇▇▇▇▇’s successor as the beneficiary thereof. Lessee agrees (x) said Security Deposit may be used by Lessor, in addition to any other remedy available under the terms of this Lease Agreementor by law available to Lessor, Lessor may use, apply, or retain the whole or to remedy any part Default of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that Lessor shall be under no obligation to correct any such useDefault, application and may at Lessor’s sole and exclusive election avail itself of any other remedy available under this Lease or retention by Lessor otherwise available at law or in equity, (y) in the event said Security Deposit is transferred to any purchaser of the whole Building of which the Leased Premises are a part, the Lessor who has transferred said Security Deposit shall be released and discharged from all liability of said deposit, and (z) in the event said Security Deposit or any part thereof is used by Lessor to remedy any Default of Lessee, Lessor shall be released and discharged from all liability for said Security Deposit or such portion thereof as Lessor may have used to correct Lessee’s Default. Lessor shall have no obligation to place this Security Deposit in an interest bearing account.
(a) Lessee is not in Default and (b) Lessee has received final FDA approval of Lessee’s Elipse® Gastric Balloon product (as evidenced by such written documentation as Lessor may reasonably request to substantiate same) (the “Reduction Date”), then the Security Deposit shall not be or be deemed reduced to be an election sixty-two thousand one hundred twenty-two dollars and twenty cents ($62,122.20), and Lessee shall have the right to terminate the existing Letter of remedies Credit and establish a replacement Letter of Credit in such lower amount. The Lessor acknowledges that the Letter of Credit is in form and substance reasonably satisfactory to Lessor and issued by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, a commercial bank reasonably acceptable to Lessor. Lessor shall have the right to pursue draw upon the Letter of Credit, in whole or in part, only in the event of a Default. Lessor shall hold any and all other remedies available to it balance of proceeds remaining after a draw on the Letter of Credit as security for ▇▇▇▇▇▇’s performance of all its Lease obligations. If Lessor conveys its interest under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease AgreementLease, the Security Deposit, or any part not applied previously, may be turned over to the grantee in which case Lessee shall look solely to the grantee for the proper application and return of the Security Deposit. The Security Deposit and/or Letter of Credit or the remaining proceeds therefrom, as applicable, shall be returned to Lessee within thirty sixty (3060) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale end of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentTerm.
Appears in 2 contracts
Sources: Lease Agreement (Allurion Technologies Holdings, Inc.), Lease Agreement (Allurion Technologies Holdings, Inc.)
Security Deposit. Lessee shall pay In order to Lessor secure Tenant's obligations under this Lease, simultaneously with the execution of this Lease Agreement Lease, Tenant shall deliver to Landlord an irrevocable letter of credit in the amount of $844,101.00 in form and substance acceptable to Landlord in its sole discretion and issued by a sum zero and 00/100 Dollars ($0,000.00) New York City bank acceptable to Landlord (the “Security Deposit”"L/C"). Landlord may draw down on the L/C from time to time to reimburse itself upon an Event of Default. Drawings may be made by sight draft and partial drawings shall be permitted. The L/C shall be substantially in the form of Exhibit 4 annexed hereto and provide for a twelve month-expiry, and shall contain a so-called "evergreen" clause so that, unless the issuing bank notifies Landlord, in writing, of its intention not to renew the L/C at least forty-five (45) days prior to the stated expiry thereof, the L/C shall be renewed automatically for a period of twelve months. If the issuing bank so notifies Landlord or if, with Landlord's consent, the L/C does not contain an "evergreen" clause and Tenant fails to provide a renewal letter of credit in the form and amount of the original L/C at least forty-five (45) days prior to the stated expiry thereof, Landlord may draw down on the L/C and hold the cash proceeds of same as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee Tenant's obligations under this Lease AgreementLease. Tenant may, or if Lessee fails to perform any on the second (2nd) anniversary of the termsRent Commencement Date, provisions and conditions of this Lease Agreementand, Lessor may use, apply, or retain the whole or any part on each succeeding anniversary of the Security Deposit so deposited for Rent Commencement Date, cause the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed L/C to be reduced by an election of remedies by Lessor or viewed as liquidated damagesamount equal to $70,341.75, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor provided (a) that in no event shall Tenant ever have the right to pursue any and all other remedies available to it under reduce the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased L/C to an amount equal less than $140,683.50 and (b) Tenant's right to reduce the greater amount of (i) three (3) times the aforesaid amount or (ii) three (3) months rentL/C as provided for herein shall terminate upon an Event of Default. Tenant shall be liable for any fees which may be payable in connection with a transfer of the L/C by Landlord.
Appears in 2 contracts
Sources: Lease Agreement (Nextvenue Inc), Assignment and Amendment of Lease (Talkpoint Communications Inc)
Security Deposit. Lessee (a) Subtenant shall pay deliver to Lessor simultaneously Sublandlord, concurrently with the Subtenant's execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) Lease, an unconditional, clean, irrevocable standby letter of credit (the “"L-C") in the initial amount of the Security Deposit Amount (the "Security Deposit”"), which L-C shall be issued by a money-center bank that is acceptable to Sublandlord, and which L-C may be presented for payment in a U.S. location acceptable to Sublandlord. The L-C shall be in form and content as attached hereto as Exhibit C for a term of not less than one year. Subtenant shall pay all expenses, points and/or fees incurred by Subtenant in obtaining the L-C.
(b) The L-C shall be held by Sublandlord as security for the full and faithful performance by Lessee Subtenant of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of all the terms, provisions covenants, and conditions of this Lease AgreementSublease to be kept and performed by Subtenant during the Sublease Term. If Subtenant defaults with respect to any provisions of this Sublease, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, the provisions relating to the payment of Rent, or if Subtenant fails to renew the L-C at least thirty (30) days before its expiration, Sublandlord may, but shall not be required to, draw upon all or any damages or deficiency in the reletting portion of the Leased PremisesL-C for payment of any Rent or any other sum in default, providedor for the payment of any amount that Sublandlord may spend or may become obligated to spend by reason of Subtenant's default; or to compensate Sublandlord for any other loss, however, cost or damage that any such Sublandlord may suffer by reason of Subtenant's default. The use, application or retention by Lessor of the whole L-C, or any part of the Security Deposit portion thereof, by Sublandlord shall not be prevent Sublandlord from exercising any other right or be deemed to be an election of remedies remedy provided by Lessor this Sublease or viewed as liquidated damagesby law, it being expressly understood intended that Sublandlord shall not first be required to proceed against the L-C, and agreed that, notwithstanding such use, application or retention, Lessor shall have the right not operate as a limitation on any recovery to pursue which Sublandlord may otherwise be entitled. If any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all portion of the termsL-C is drawn upon, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit Subtenant shall, within ten (10) days after written demand by Lessortherefor, be increased to an amount equal reinstate the L-C to the greater amount then required under this Lease, and Subtenant's failure to do so shall be a default under this Sublease. The L-C or the balance remaining if it has been drawn upon by Sublandlord as herein provided, shall be returned to Subtenant within ten (10) days following the later of (i) three (3) times the aforesaid amount expiration of the Sublease Term or (ii) three (3) months rentthe vacating of the Subleased Premises by Subtenant.
Appears in 2 contracts
Sources: Sublease Agreement (Rsa Security Inc/De/), Sublease Agreement (Serena Software Inc)
Security Deposit. Lessee shall pay to Lessor simultaneously Tenant, concurrently with the execution of this Lease, has deposited with Landlord the sum shown under the Basic Leasing Information of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) as the “Security Deposit” (the “Security Deposit”) ), the receipt of which is hereby acknowledged by Landlord, which sum shall be retained by Landlord as security for the full payment by Tenant of the Rent and all other payments herein agreed to be paid by Tenant, and for the faithful performance by Lessee Tenant of each the terms, provisions, covenants and every term, covenant and condition conditions of this Lease AgreementLease. Upon an Event It is agreed that Landlord, at Landlord’s option, may at the time of Default any default by Lessee Tenant under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and provisions, covenants or conditions of this Lease Agreement, Lessor may use, apply, or retain the whole apply this sum or any part thereof towards the payment of the Rent and all other sums payable by Tenant under this Lease, and towards the performance of each and every one of Tenant’s covenants under this Lease, but such covenants and Tenant’s liability under this Lease shall thereby be discharged only pro tanto and Tenant shall remain liable for any amounts that the sum shall be insufficient to pay and, in addition, shall be obligated to immediately deposit with Landlord the amount necessary to increase the Security Deposit so deposited for the payment of to its original amount; that Landlord may exhaust any sum due Lessor or which Lessor may expend and all rights and remedies against Tenant before resorting to this sum, but nothing herein contained shall require or be required deemed to expend by reason of the Lessee’s Event of Default or failure require Landlord to perform includingdo so; that, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of event the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damagesutilized for any such purposes, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, then the Security Deposit shall be returned by Landlord to Lessee Tenant within the later of thirty (30) days next after Lessee has vacated and surrendered the Leased Premises in accordance with expiration of the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms Term of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount Lease; or (ii) three the determination and payment of the amounts due elsewhere under this Lease, including the determination and payment of the Additional Rent due under Paragraph 5 within the time period provided in Paragraph 5. Landlord shall not be required to pay Tenant any interest on the Security Deposit. In this connection, it is expressly understood and agreed that Landlord shall not be obligated to segregate the Security Deposit from any other funds or to hold same in escrow during the term of this Lease, or to pay any interest to Tenant in respect of the Security Deposit. On the contrary, Landlord shall have the absolute right, at any and all times during the term of this Lease, to commingle the Security Deposit with any of Landlord’s other funds, to utilize the Security Deposit at any time and for any purpose, to retain all interest and/or other proceeds and/or avails earned or accrued in respect of the Security Deposit, and otherwise to treat, use and dispose of the Security Deposit as if, for all purposes, the same were the absolute property of Landlord (3it being understood, however, that nothing in the foregoing shall be deemed to relieve Landlord of its obligation to return the Security Deposit (or such portion thereof as shall not have been used and applied in the event of any default by Tenant as described and in the manner set forth above) months rentto Tenant at the expiration of the Lease Term.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Omnicomm Systems Inc)
Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with on the execution signing of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) Deposit as security defined on the Reference Page for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee Lessee’s obligations under this Lease AgreementLease, or if Lessee fails to perform any including without limitation, the surrender of possession of the terms, provisions and conditions of this Lease Agreement, Premises to Lessor may use, apply, or retain the whole or as herein provided. If Lessor applies any part of said deposit to cure any default of Lessee, Lessee shall on demand deposit with Lessor the Security Deposit amount so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, applied so that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and full deposit on hand at all other remedies available to it under times during the terms Term of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease AgreementLease. In the event of a sale of the Building or the Projectbona fide sale, subject to this Lease, Lessor shall have the right to transfer the Security Deposit to the purchaser, vendee and Lessor shall thereupon be considered released by Lessee from all liability for the return of such Security Deposit. ; and Lessee shall agrees to look solely to the new landlord lessor for the return of such the said Security Deposit, and it is agreed that this shall apply to every transfer or assignment made of the Security Deposit to a new lessor. If The Security Deposit (less any portions thereof used, applied or retained by Lessor in accordance with the provisions of this Section 17), shall be returned to Lessee after the expiration or sooner termination of this Lease without the fault of the Lessee and after delivery of the entire Premises to Lessor in accordance with the provisions of this Lease. Lessee covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and Lessor shall fail not be bound by any such assignment, encumbrance or attempt thereof. In the event of the insolvency of Lessee or in the event of the entry of a judgment declaring Lessee insolvent or bankrupt in any court which is not discharged within thirty (30) days after entry, or in the event a petition is filed by or against Lessee under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, then and in such event Lessor may require the Lessee to pay Rent or other sums when due deposit additional security in the amount specified in Subsection 8(E) (hereinafter called the “Additional Security Deposit”) to adequately assure Lessee’s performance of all of its obligations under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective including all payments subsequently accruing. Failure of whether or not such delinquencies have been cured, then Lessee to deposit the Additional Security Deposit shall, pursuant thereto within ten (10) days after Lessor’s written demand shall constitute a default by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLessee.
Appears in 2 contracts
Sources: Lease Agreement (Wave2Wave Communications, Inc.), Lease Agreement (Wave2Wave Communications, Inc.)
Security Deposit. Lessee shall pay to Lessor simultaneously (a) Concurrently with the ▇▇▇▇▇▇'s execution of this Lease Agreement a sum zero and 00/100 Lease, Tenant shall deliver to Landlord an unconditional, irrevocable, transferable letter of credit in the stated amount of Six Hundred Seventy-Six Thousand One Hundred Dollars ($0,000.00676,100) issued by a bank approved by Landlord in favor of Landlord as beneficiary, for the term provided for below and otherwise in form and substance satisfactory to Landlord ("Letter of Credit"). The Letter of Credit shall be issued for an initial term of one year following the “Security Deposit”date of this Lease, and Tenant shall cause the Letter of Credit to be renewed for successive twelve-month periods throughout the Term not less than thirty (30) days prior to each expiration date of the Letter of Credit, until Tenant shall have the right to reduce the amount of the Letter of Credit as provided in subparagraph (b) below. The Letter of Credit shall entitle Landlord to draw the entire stated amount thereof upon presentation of a sight draft in the amount of the draw. The Letter of Credit shall be held by Landlord as security for the full and faithful performance by Lessee Tenant of each all of the covenants, agreements and every termobligations under this Lease to be performed by Tenant during the Term. If Tenant shall fail to pay Monthly Base Rental or other amounts payable by Tenant to Landlord under this Lease, covenant and condition or if Tenant shall otherwise default with respect to any provision of this Lease Agreement. Upon an Event after the expiration of Default by Lessee under this Lease Agreementany applicable cure period, or if Lessee fails Landlord shall have the right, but shall not be obligated, to perform any draw the entire stated amount of the termsLetter of Credit and to hold the proceeds thereof as a cash security deposit ("Security Deposit"), provisions and conditions of this Lease Agreement, Lessor may to use, apply, apply or retain the whole all or any part portion of the Security Deposit so deposited for the payment of rental or any sum due Lessor or other amount which Lessor Landlord may expend or be required become obligated to expend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If Landlord shall make any draw upon the Lessee’s Event Letter of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any Credit and apply such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit draw to the purchasercure of any default, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit Tenant shall, within ten (10) days after Landlord's written demand therefor, deposit with Landlord a replacement, additional or amended Letter or Letters of Credit in the same form (including total stated amount and issuer) as the Letter of Credit drawn upon by LessorLandlord. If Landlord shall so use or apply any portion of any cash Security Deposit held by Landlord. Tenant shall, within ten (10) days after Landlord's written demand therefor, deposit cash with Landlord in the amount so used or applied by Landlord. Landlord shall not be increased required to an amount equal keep any Security Deposit separate from Landlord's other funds, and Tenant shall not be entitled to any interest on any Security Deposit. Landlord shall return the Letter of Credit, any Security Deposit, and/or any balance thereof not applied in accordance with the provisions of this Lease, to Tenant within thirty (30) days following the expiration of this Lease and after ▇▇▇▇▇▇ has surrendered the Premises to Landlord in the condition required under this Lease. In the event that Landlord shall transfer its interest in the Premises, Landlord shall transfer the Letter of Credit (to the greater extent transferable) and/or any funds then held by Landlord on account of any cash Security Deposit to Landlord's transferee, and Landlord shall thereupon be released from all liability to Tenant for return of the Letter of Credit and/or cash Security Deposit.
(ib) three If a default by Tenant under this Lease after the expiration of any applicable cure period shall not have occurred at any time prior to such time, effective not earlier than the first day of the fourth year of the Term, Tenant shall have the right to cause the stated amount of the Letter of Credit to be reduced to Three Hundred Forty-Two Thousand Two Hundred Dollars (3$338,100) times by delivering to Landlord an amendment to the aforesaid amount Letter of Credit then held by Landlord acceptable to Landlord, or by delivering to Landlord a new Letter of Credit in such lesser stated amount, but otherwise in the same form as the Letter of Credit then held by Landlord. Such Letter of Credit, and any amounts drawn thereunder, shall otherwise be held by Landlord on all of the terms and provisions of subparagraph (iia) three (3) months rentabove.
Appears in 2 contracts
Sources: Office Lease (Interwave Communications International LTD), Office Lease (Interwave Communications International LTD)
Security Deposit. Lessee shall pay to Lessor simultaneously ▇▇▇▇▇▇, contemporaneously with the execution of this Lease, has deposited with Landlord to secure the faithful performance by Tenant of all the covenants, conditions and agreements in this Lease Agreement set forth, and contained on the part of Tenant to be fulfilled, kept, observed and performed, such sum as set forth in Section 1.1 as a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) . Said deposit shall be held by ▇▇▇▇▇▇▇▇, without liability for interest, as security for the full and faithful performance by Lessee Tenant of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease AgreementLease, and Landlord may commingle the same with its other funds. Such interest, if any, may be retained as property of the Landlord, and will not be paid to the Tenant. Such Security Deposit or any portion thereof not previously applied may be applied to the curing of any default that may then exist under this Lease, without prejudice to any other remedy or remedies which Landlord may have on account thereof, and upon such application, Tenant shall pay Landlord on demand the amount so applied which shall be added to the Security Deposit so that the same may be restored to its original amount. In the event the Leased Premises are conveyed by Landlord, the deposit or any portion thereof not previously applied may be turned over to Landlord’s grantee or successor, and in such event Tenant hereby releases Landlord from any and all liability with respect to the deposit and/or application or return and Tenant agrees to look to such grantee for such application or return. In the event Tenant shall faithfully fulfill, keep, perform and observe all the covenants, conditions and agreements in this Lease set forth and contained on the part of Tenant to be fulfilled, the sum deposited or the part or portion thereof not previously applied shall be returned to Lessee within Tenant, without interest, no later than thirty (30) days after Lessee the expiration of the Term of this Lease or any renewal or extension thereof, provided Tenant has vacated and surrendered the Leased Premises and surrendered possession thereof to Landlord at the expiration of said Term or any renewal thereof as provided herein. Landlord has caused the necessary mains, conduits and other facilities to be provided to supply water, sewer, gas and electricity to the Shopping Center. Landlord shall provide gas service and facilities to Tenant, however, the same being the sole responsibility of Tenant. ▇▇▇▇▇▇ agrees to have all utility services transferred into ▇▇▇▇▇▇’s name on the Possession Date. If ▇▇▇▇▇▇ has not had any or all of the utilities transferred on the Possession Date, then ▇▇▇▇▇▇ agrees to pay Landlord, on demand, the actual cost paid by Landlord for such utilities, together with an administrative charge of One Hundred Fifty and no/100 Dollars ($150.00) for each such payment. Tenant shall pay for all electricity used in accordance with the terms hereofLeased Premises and all water and sewer charges, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreementand gas charges, if applicable, at its own cost and expense. In the event of a sale of the Building or the ProjectLandlord, Lessor who shall have the right option to transfer do so, shall elect to supply any one or more or all of said services, Tenant shall purchase the Security Deposit to use of said services as are tendered by Landlord and shall pay the purchaserrates, including any established minimum charges, established by Landlord for such services, but the rate shall be no more than those charged by the public utility furnishing such services in the area. The charges for such services as are so furnished shall be deemed Additional Rent due and payable on the first day of the calendar month following rendition of a bill therefor. Landlord may discontinue furnishing such services if payment for same is not received by Landlord upon not less than five (5) days written notice, and Lessor no such discontinuation shall thereupon be released deemed an eviction or render Landlord liable to Tenant for damages or relieve Tenant from all liability performance of its obligations hereunder. In the event Landlord shall elect to furnish one or more of such services, from time to time, Landlord shall not be liable to Tenant in damages or otherwise if any one or more of said services is interrupted or terminated because of necessary repairs, installations, improvements or any cause beyond the control of Landlord. In any event, Landlord may cease to furnish any one or more of such services without any responsibility to Tenant, except to connect the service facilities with such other sources of supply as may be available for the return services so discontinued. Tenant will not install any equipment which will exceed or overload the capacity of such Security Depositany utility facilities servicing the Leased Premises and if any equipment installed by Tenant shall require additional utility facilities, the same shall be installed and maintained at Tenant’s expense in accordance with plans and specifications to be approved in writing by Landlord. Lessee shall look solely to In the new landlord event the Leased Premises are not separately metered for water and Tenant’s use requires an excessive volume of water, at Landlord’s discretion, a sub-meter will be installed at the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLeased Premises at Tenant’s expense.
Appears in 2 contracts
Sources: Master Condominium Shopping Center Lease Agreement, Master Condominium Shopping Center Lease Agreement
Security Deposit. (a) On or before October 1, 2004, Lessee shall pay to Lessor simultaneously with the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) security deposit (the “Security Deposit”) in the amount set forth on Schedule 1- Part A hereto. The Security Deposit will be held by Lessor for the entire remaining Term of this Lease and may be commingled with other amounts of Lessor.
(b) The Security Deposit shall be held by Lessor as security for the full due and faithful punctual payment by Lessee of all amounts payable by it, and the due and punctual observance and performance by Lessee of all of its obligations, hereunder and under each and every term, covenant and condition of this Lease other Operative Agreement. Upon Lessee hereby assigns, transfers and pledges to Lessor, and hereby grants to Lessor, a first-priority security interest in, the Security Deposit to secure such payment, observance and performance. Any interest earned on the Security Deposit shall be solely for the account of Lessor. If an Event of Default shall occur and be continuing, then in addition to any other rights Lessor may have under applicable Law as a lessor, secured party or otherwise, or under this Lease or any other Operative Agreement, Lessor may set off against, use, apply or retain all or any portion of the Security Deposit in full or partial payment for amounts payable by Lessee under this Lease Agreementor any other Operative Agreement or for amounts necessary to compensate Lessor and the Indemnitees for their Expenses arising in connection with such Event of Default. Any such use or application shall not, however, be deemed a cure by Lessee, or waiver by Lessor, of any Event of Default, unless so agreed by Lessor in writing.
(c) So long as no Default or Event of Default shall have occurred and be continuing, that portion, if Lessee fails to perform any of the termsany, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited that has not previously been used or applied, or set off against, as provided for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform includingin this Lease, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty by wire transfer of immediately available Dollars to an account of Lessee located in the United States of America, specified in writing by Lessee to Lessor at least 10 Business Days prior to the date of such transfer, (30A) days on or before the date that is 20 Business Days after Lessee has vacated and surrendered excluding the Leased Premises date upon which the Aircraft is returned to Lessor in the condition, and in the manner, required under Annex B to this Lease and otherwise in accordance with the terms of this Lease, or (B) if an Event of Loss shall have occurred, and Lessee shall have elected, or shall be deemed to have elected, the option set forth in Section 9.1.2 hereof, so long then on or before the date that is 20 Business Days after and excluding the date upon which Lessor has been paid all amounts required to be paid under, and as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale provided in, Section 9.1.2(a) hereof.”
(b) Section 14.1.6 of the Building Lease is hereby amended by adding a new sentence, at the end thereof, as follows: “Without limiting, and notwithstanding, any other provision or the ProjectLease or any other Operative Agreement, Lessor shall have the right be entitled to transfer use and apply all or any portion of the Security Deposit for the purposes, and in the manner, set forth in Section 3.2.3(b) hereof.”
(c) Schedule 1 – Part A to the purchaserLease is hereby amended as set forth in Section 1 of Appendix A hereto.
(d) That certain Letter Agreement No. 1-1005-JSW-1500, dated as of February 28, 2001, among, inter alios, Lessor and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely Lessee, insofar as it relates to the new landlord for Lease and the return Aircraft, is hereby terminated and shall be of no further force or effect; and all of the obligations and liabilities of each of the parties to such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Letter Agreement more than three (3) times are hereby unconditionally and irrevocably released and discharged in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentfull and in all respects.
Appears in 2 contracts
Sources: Lease Agreement N475ha (Hawaiian Holdings Inc), Lease Agreement N475ha (Hawaiian Holdings Inc)
Security Deposit. Lessee shall pay to Lessor simultaneously with Upon the execution of this Lease Agreement a Lease, Lessee shall deposit with Lessor the sum zero and 00/100 Dollars (of $0,000.00) 21,826.00 (the “Security Deposit”"SECURITY DEPOSIT") as security for the full and faithful punctual performance by Lessee of each and every term, covenant and condition obligation of Lessee under this Lease Agreementand not as a prepayment of rent hereunder. Upon Lessor may commingle the Security Deposit with Lessor's other funds, and no interest shall be due thereon. Lessor may use the Security Deposit to cure any default by Lessee and, in the event that Lessor so applies all or any portion of the Security Deposit, Lessee shall pay to Lessor, as Additional Rent, the amount so expended by Lessor within (i) ten (10) days of notice given by Lessor in the case of amounts of more than $500 so expended, or (ii) fifteen (15) days of notice given by Lessor in the case of amounts of not more than $500 so expended, so that at all times (subject to the grace periods hereinabove referenced) Lessor shall be entitled to hold the full Security Deposit. Any failure of Lessee to restore any amount expended from the Security Deposit within the applicable grace period specified in this Section shall immediately constitute an Event of Default by Lessee under this Lease Agreement, hereunder without the necessity of any further notice or if Lessee fails to perform any passage of the terms, provisions and conditions of this Lease Agreement, time. Lessor may use, apply, or retain the whole or any part of shall assign the Security Deposit so deposited for the payment to any successor or assign of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform includingunder this Lease, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, thereafter Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseno further responsibility therefor. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within Within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale expiration or earlier termination of the Building or the ProjectLease Term, Lessor shall have inspect the right Leased Premises, make such deductions from the Security Deposit as may be required to transfer cure any defaults by Lessee hereunder, and, if Lessee is not then in default hereunder, pay the balance of the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLessee.
Appears in 2 contracts
Sources: Lease Agreement (Skillsoft Public Limited Co), Lease Agreement (Skillsoft Public Limited Co)
Security Deposit. Lessee shall pay to Lessor simultaneously with the has deposited, or upon execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (will deposit, with Lessor the “Security Deposit”) as security Deposit for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee Lessee’s obligations under this Lease AgreementLease, or if Lessee fails to perform any including without limitation, the surrender of possession of the terms, provisions and conditions of this Lease Agreement, Premises to Lessor may use, apply, or retain the whole or as herein provided. If Lessor applies any part of the said Security Deposit to cure any default of Lessee, Lessee shall, on demand, deposit with Lessor the amount so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, applied so that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and full Security Deposit on hand at all other remedies available to it under times during the terms Term of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreementany renewal term. In the event of a bona fide sale of the Building or the ProjectProperty, subject to this Lease, Lessor shall have the right right, on notice to the Lessee, to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be considered released by Lessee from all liability for the return of such the Security Deposit. Deposit to the extent same is transferred to the purchaser; and Lessee shall agrees to look solely to the new landlord Lessor for the return of such the Security Deposit, and it is agreed that this shall apply to every transfer or assignment made of the Security Deposit to the new Lessor. If Provided Lessee is not in default, the Security Deposit (less any portions thereof used, applied or retained by Lessor in accordance with the provisions of this Article 16), shall fail be returned to pay Rent Lessee after the expiration or other sums when due sooner termination of this Lease and after delivery of the entire Premises to Lessor in accordance with the provisions of this Lease. Lessee covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and Lessor shall not be bound by any such assignment, encumbrance or attempt thereof. In the event of the insolvency of Lessee, or in the event a petition is filed by or against (and not dismissed within 60 days) Lessee under any chapter of bankruptcy laws of the State of New Jersey or the United States of America, then in such event, Lessor may require the Lessee to deposit additional security in an amount which in Lessor’s sole judgment would be sufficient to adequately assure Lessee’s performance of all of its obligations under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective including all payments subsequently accruing. Failure of whether or not such delinquencies have been cured, then Lessee to deposit the Security Deposit shall, security required by this Article 16 within ten (10) days after Lessor’s written demand shall constitute a material breach of this Lease by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLessee.
Appears in 2 contracts
Sources: Lease Agreement (Nexus Biopharma Inc), Lease Agreement (Fluoropharma Medical, Inc.)
Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with on the execution signing of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (Lease, the “Security Deposit”) Deposit as security defined in the Preamble for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee Lessee's obligations under this Lease AgreementLease, or if Lessee fails to perform any including without limitation, the surrender of possession of the terms, provisions and conditions of this Lease Agreement, Premises to Lessor may use, apply, or retain the whole or as herein provided. If Lessor applies any part of the said Security Deposit to cure any default of Lessee, Lessee shall, on demand, deposit with Lessor the amount so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, applied so that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and full Security Deposit on hand at all other remedies available to it under times during the terms Term of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease AgreementLease. In the event of a bona fide sale of the Building or the ProjectBuilding, subject to this Lease, Lessor shall have the right to transfer the Security Deposit to the purchaservendee, and Lessor shall thereupon be considered released by Lessee from all liability for the return of such the Security Deposit. ; and Lessee shall agrees to look solely to the new landlord lessor for the return of such the Security Deposit, and it is agreed that this shall apply to every transfer or assignment made of the Security Deposit to the new lessor. If Provided this Lease is not in default, the Security Deposit (less any portions thereof used, applied or retained by Lessor in accordance with the provisions of this Article 16), shall be returned to Lessee after the expiration or sooner termination of this Lease and after delivery of the entire Premises to Lessor in accordance with the provisions of this Lease. Lessee covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and Lessor shall fail not be bound by any such assignment, encumbrance or attempt thereof. In the event of the insolvency of Lessee, or in the event a petition is filed by or against Lessee under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, then in such event, Lessor may require the Lessee to pay Rent or other sums when due deposit additional security in an amount which in Lessor's sole judgement would be sufficient to adequately assure Lessee's performance of all of its obligations under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective including all payments subsequently accruing. Failure of whether or not such delinquencies have been cured, then Lessee to deposit the Security Deposit shall, security required by this Article 16 within ten (10) days after Lessor's written demand shall constitute a material breach of this Lease by Lessee. Lessee may deliver to Lessor after the date hereof, in lieu of the cash deposit set forth in this Article, an irrevocable negotiable letter of credit in amount set forth in Paragraph 16 of the Preamble and substantially in the form annexed hereto as Exhibit H. Said letter of credit shall be for a term of not less than one (1) year and shall be renewed by Lessee (without notice from Lessor) no later than forty-five (45) days prior to its expiration, and the expiration of each replacement thereof, until Lessor shall be required to return the security to Lessee pursuant to the terms of this Lease but in no event earlier than ninety (90) days after the Expiration Date, and each such renewal letter of credit shall be delivered to Lessor no later than forty-five (45) days prior to the expiration of the letter of credit then held by Lessor. If any portion of the security deposit shall be utilized by Lessor in the manner permitted by this Lease, Lessee shall, within five (5) days after request by Lessor, be increased to replenish the security account by depositing with Lessor, in cash or by letter of credit, an amount equal to that utilized by Lessor. Failure of Lessee to comply strictly with the greater provisions of this Article shall constitute a material breach of this Lease and Lessor shall be entitled to present the letter of credit held by for payment (iwithout notice to Lessee). If the cash security is converted into a letter of credit, the provisions with respect to letters of credit shall apply (with the necessary changes in Points of detail) three to such letter of credit deposit. In the event of a bank failure or insolvency affecting the letter of credit, Lessee shall replace same within twenty (320) times the aforesaid amount or (ii) three (3) months rentdays after being requested to do so by Lessor.
Appears in 2 contracts
Security Deposit. Lessee shall pay to Lessor simultaneously with the Upon execution of this Lease Agreement a Lease, Lessee has deposited with Lessor the sum zero and 00/100 of Sixteen Thousand Six Hundred Dollars ($0,000.00) (the “Security Deposit”) $ 16,600.00), receipt of which is hereby acknowledged by Lessor. Said sum shall be held by Lessor as security for the full and faithful performance by of Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of all the terms, provisions covenants, and conditions of this Lease Agreement, Lessor may use, applyby said Lessee to be kept and performed during the term hereof. If at any time during the term of this Lease any of the rent herein reserved, or retain any other sum payable by Lessee to Lessor hereunder, shall be overdue and unpaid, then Lessor may, at the whole option of Lessor (but Lessor shall not be required to), appropriate and apply any portion of this Security Deposit to the payment of any such overdue rent or other sum. In the event of the failure of Lessee to keep and perform all of the terms, covenants, and conditions of this Lease to be kept and performed by Lessee, then at the option of Lessor, the Lessor may, after terminating this Lease, appropriate and apply the entire Security Deposit, or so much thereof as may be necessary, to compensate Lessor for all loss or damage sustained or suffered by Lessor, due to such breach on the part of Lessee. Should the entire Security Deposit, or any part of the Security Deposit so deposited portion thereof, be appropriated and applied by Lessor for the payment of any sum overdue rent or other sums due and payable to Lessor or which by Lessee hereunder, the Lessee shall, upon the written demand of Lessor, forthwith remit to Lessor may expend or be required a sufficient amount in cash to expend by reason restore said Security Deposit to the original sum, and Lessee’s failure to do so within five (5) business days after receipt of such demand shall constitute a breach of this Lease. Should Lessee comply with all of said terms, covenants, and conditions and promptly pay all of the Lessee’s Event of Default or failure rental herein provided for as it falls due, and all other sums payable by Lessee to perform includingLessor hereunder, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the said Security Deposit shall not be or be deemed returned in full to be an election Lessee at the end of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms term of this Lease Agreement or otherwiseupon the earlier termination of this Lease under the provisions of Paragraph 18 hereof. Lessee acknowledges that this Security Deposit is not prepaid rent and shall not be applied by Lessee to the payment of any rent due Lessor herein. No interest shall be paid on this Security Deposit by Lessor to Lessee. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Lessor transfers said Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises Lessor’s successor in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Projectinterest, Lessor shall have the right be discharged from any further liability with respect to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.
Appears in 2 contracts
Sources: Lease (Invitae Corp), Lease (Invitae Corp)
Security Deposit. Lessee shall pay to Lessor simultaneously with LANDLORD acknowledges the execution receipt from TENANT of this Lease Agreement a the sum zero and 00/100 of Two Hundred Fifty Dollars ($0,000.00250.00) (the “Security Deposit”) per bedroom as security for the full payment of rent and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any observance of the terms, provisions agreements and conditions of in this Lease Agreement, Lessor may use, apply, or retain lease contained on the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed TENANT to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood performed and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreementobserved. In the event of a sale any default or defaults in such payment, performance, or observance, LANDLORD may apply said sum or any part thereof toward the curing of such default or defaults and/or toward compensating LANDLORD for any loss or damage arising from such default or defaults. Upon the yielding up of the Building demised premises at the expiration or other termination of the term of the lease, if TENANT shall not be in default or otherwise liable to the LANDLORD, said sum or the Project, Lessor unapplied balance thereof shall be returned to TENANT. It is understood and agreed that LANDLORD shall always have the right to transfer apply said sum or any part thereof as aforesaid in the Security Deposit event of any such default or defaults without prejudice to the purchaserany other remedy or remedies which LANDLORD may have, and Lessor or LANDLORD may pursue any other such remedy or remedies in lieu thereof. No interest shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Depositpayable on said sum or any part thereof. If Lessee LANDLORD shall fail apply said sum or any part thereof as aforesaid, TENANT shall upon demand pay to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then LANDLORD the Security Deposit shall, within ten (10) days after demand amount so applied by Lessor, be increased LANDLORD so as to an amount equal restore the security to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.its original amount. TENANT SHALL PROVIDE LANDLORD WITH TENANT’
Appears in 2 contracts
Sources: Residential Lease Agreement, Residential Lease Agreement
Security Deposit. Lessee Licensee shall pay «Monthly_Rent» (an amount not to Lessor simultaneously exceed one month's License Fee) on or before «Start_Date» to be held by the University during the term hereof, or any extension or renewal, as a security deposit pursuant to the terms hereof; it being understood that THIS DEPOSIT IS NOT TO BE CONSIDERED AS A PREPAID LICENSE FEE, nor shall any damages be limited to the amount of the security deposit. The University shall furnish Licensee with a separate receipt at the execution time of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (receiving the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails any partial payment thereof. The University acknowledges that, subject to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend damages prescribed by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damageslaw, it being expressly understood and agreed thatshall, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated the termination of the License or upon Licensee's vacating the premises completely together with all of Licensee's goods and surrendered possessions, whichever shall last occur, return the Leased security deposit or any balance thereof, and any interest thereon, if due, after deducting
(1) Any unpaid License fees;
(2) A reasonable amount necessary to repair any damage caused to the Premises in accordance by Licensee or any person under Licensee's control or on the Premises with the terms hereofLicensee's consent, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreementreasonable wear and tear excluded, but failure to clean included. In the event case of a sale such damage, the University shall provide the Licensee, within thirty (30) days, with an itemized list of damages, sworn to by the University or its agent under pains and penalties of perjury, itemizing in precise detail the nature of the Building damages and of the repairs necessary to correct it, and written evidence, such as estimates, bills, invoices or receipts, indicating the actual estimated costs thereof. The University shall submit to Licensee a separate written statement of the present condition of the Premises. If the Licensee disagrees with the University's statement of condition, Licensee must attach a separate list of any damage existing in the Premises and return the statement to the University. No amount shall be deducted from the security deposit for any damage which was listed in the statement of condition or in any separate list submitted by Licensee and approved by the University or the ProjectUniversity's agent, Lessor unless the University subsequently repaired or caused to be repaired said damage and can prove that the renewed damage was unrelated to the prior damage and was caused by the Licensee or by any person under the Licensee's control or on the Premises with Licensee's consent. If the University transfers the Premises, the University shall have the right to transfer the Security Deposit security deposit or any balance thereof, and any accrued interest, to the purchaser, and Lessor shall thereupon be released from all liability University's successor in interest for the return benefit of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security DepositLicensee. If Lessee the security deposit is held for one year or longer from the commencement of Licensee's occupancy, Licensee shall fail be entitled to pay Rent or other sums when due under this Lease Agreement more than three interest on the amount of the security deposit at the rate of two percent (32%) times in any twelve (12) month periodper year, irrespective payable at the end of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater each year of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLicensee's occupancy.
Appears in 1 contract
Sources: Student Occupancy License
Security Deposit. (A) Lessee shall pay to Lessor simultaneously with the shall, upon execution of this Lease Agreement a by ▇▇▇▇▇▇, deposit with ▇▇▇▇▇▇ as security for the performance of all the terms, covenants and conditions of this Lease, the sum zero and 00/100 Dollars of $1,000.00 ($0,000.00) (hereinafter the “Security Deposit”) as security for ). This Security Deposit is to be retained by Lessor until the full and faithful performance by Lessee of each and every term, covenant and condition expiration of this Lease Agreement. Upon an Event and shall be returnable to Lessee provided that,
(1) the Leased Premises has been vacated and returned to Lessor under the terms and conditions of Default by Section 14 of this Lease;
(2) Lessee has paid in full all of the (i) Annual Minimum Rent, (ii) additional rent (as hereinafter defined) and (iii) service charges due and outstanding under this Lease Agreement, or if Lessee fails to perform any of at the terms, provisions and conditions expiration of this Lease Agreementand;
(3) after Lessor has inspected the Leased Premises (with or without Lessee) prior to or soon after the expiration or sooner termination of this Lease, Lessor may use, apply, or retain the whole or any part ▇▇▇▇▇▇ has performed all of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be repairs and/or cleaning as required to expend by reason of the Lessee’s Event of Default or failure to perform including, but Lessor.
(B) If Lessee has not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply fully complied with all of the terms, covenants and conditions of this Lease AgreementLease, the Security Deposit, or any part thereof, shall be retained by Lessor as liquidated damages or, at Lessor’s discretion, may be applied by Lessor against any actual loss, damage or injury chargeable to Lessee under this Lease. If Lessor determines that the dollar amount of such loss, damage or injury exceeds the amount of the Security Deposit, Lessee shall be liable for the amount that exceeds the Security Deposit. Lessor’s determination of the amount, if any, of the Security Deposit shall to be returned to Lessee within thirty (30) days after shall be final. It is understood and agreed between the parties that under no circumstances will the Lessee has vacated and surrendered apply the Leased Premises in accordance with Security Deposit to any or the terms hereof, so long as no Event final monthly installment of Default by Lessee shall then be existing Annual Minimum Rent due under the terms of this Lease AgreementLease. In the event Landlord elects to apply all or part of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaserany monetary delinquency, and Lessor ▇▇▇▇▇▇ shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then immediately upon notice replenish the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentits original amount.
Appears in 1 contract
Sources: Lease Agreement (Triller Corp.)
Security Deposit. Lessee shall pay to Lessor simultaneously with the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the termsinsolvency of Lessee, covenants and conditions or in the event of this Lease Agreement, the Security Deposit shall be returned to entry of a judgment in any court against Lessee which is not discharged within thirty (30) days after entry, or in the event a petition is filed by or against Lessee has vacated and surrendered under any chapter of the Leased Premises bankruptcy laws of the State of New Jersey or the United States of America, then in accordance with such event, Lessor may require the terms hereof, so long as no Event Lessee to deposit Security Deposit in an amount which in Lessor's sole judgment would be sufficient to adequately assure Lessee's performance of Default all of its obligations under this Lease including all payments subsequently accruing. Failure of Lessee to deposit the security required by Lessee this Article 16 within ten (10) days after Lessor's written demand shall then be existing under the terms constitute a material breach of this Lease Agreementby Lessee. If Lessor applies any part of said Security Deposit to cure any default of Lessee, Lessee shall, on demand, deposit with Lessor the amount so applied so that Lessor shall have the full Security Deposit on hand at all times during the Term of this Lease. In the event of a sale of the Building or the Projectbona fide sale, subject to this Lease, Lessor shall have the right to transfer the Security Deposit to the purchaservendee, and Lessor shall thereupon be considered released by Lessee from all liability for the return of such the Security Deposit. Lessee shall ; and lessee agrees to look solely to the new landlord lessor for the return of such the Security Deposit. If Lessee , and it is agreed that this shall fail apply to pay Rent every transfer or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective assignment made of whether or not such delinquencies have been cured, then the Security Deposit to the new lessor. Provided this Lease is not in default, the Security Deposit (less any portions thereof used, applied or retained by Lessor in accordance with the provisions of this Article 16), shall be returned to Lessee after the expiration or sooner termination of this Lease and after delivery of the entire Premises to Lessor in accordance with the provisions of this Lease. Lessee covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and Lessor shall not be bound by any such assignment, encumbrance or attempt thereof. Lessee may deliver to Lessor, in lieu of the cash deposit set forth in this Article an irrevocable negotiable letter of credit in the form and amount set forth in Paragraph 17 of the Preamble. Said letter of credit shall be for a term of not less than l year and shall be renewed by Lessee (without notice from Lessor) no later than 45 days prior to its expiration, and the expiration of each replacement thereof, until Lessor shall be required to return the security to Lessee pursuant to the terms of this lease but in no event earlier than 90 days after the Expiration Date, and each such renewed letter of credit shall be delivered to Lessor no later than 45 days prior to the expiration of the letter of credit then held by Lessor. If any portion of the security deposit shall be utilized by Lessor in the manner permitted by this lease, Lessee shall, within ten (10) 5 days after demand request by Lessor, be increased to replenish the security account by depositing with Lessor, in cash or by letter of credit, an amount equal to that utilized by Lessor. Failure of Lessee to comply strictly with the greater provisions of this Article shall constitute a material breach of this lease and Lessor shall be entitled to present the letter of credit then held by it for payment (iwithout notice to Lessee). If the cash security is converted into a letter of credit, the provisions with respect to letters of credit shall apply (with the necessary changes in points of detail) three (3) times to such letter of credit deposit. In the aforesaid amount event of a bank failure or (ii) three (3) months rentinsolvency affecting the letter of credit, Lessee shall replace same within 20 days after being requested to do so by Lessor.
Appears in 1 contract
Sources: Lease Agreement (Medicines Co/ Ma)
Security Deposit. On the date of this Agreement, Lessee shall pay to Lessor simultaneously with an amount that, when added to amounts previously paid to Lessor, equal the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as . The Security Deposit shall constitute additional security for the full and faithful performance by Lessee of each its obligations under this Agreement, and every term, covenant and condition of this Lease Agreement. Upon the following provisions shall apply:
(i) If an Event of Default occurs and for as long as it continues, the Lessor may (but shall not be obligated to) apply all or any portion of the Security Deposit in or towards satisfaction of any sums due and payable to the Lessor under the Operative Documents or to compensate the Lessor for any sums which it may, in its discretion, advance or expend as a result of any such Event of Default. Notwithstanding any such use or application by the Lessor, the Lessee shall remain in default under this Agreement until the full amount owed by the Lessee, including interest accrued thereon pursuant to Clause 5.11, shall have been paid to the Lessor. If the Lessor so uses or applies all or any portion of the Security Deposit, the Lessee shall, on demand of the Lessor, replenish the Security Deposit in an amount equal to the amount so used or applied within five Business Days after Lessor's demand therefor.
(ii) Lessor may commingle the Security Deposit with its general funds and may deposit the Security Deposit in any account selected by Lessor, whether interest-bearing or not, and any interest earned on the Security Deposit will be the sole property of Lessor.
(iii) The Security Deposit shall be returned to Lessee within five Business Days of (1) delivery to Lessor of a Letter of Credit in accordance with Clause 5.1(b), (2) redelivery of the Aircraft to the Lessor in the condition required by Clause 12 and Schedule 4, or (3) receipt by the Lessor of the Agreed Value following a Total Loss and all other amounts due under Clause 11.1(b); provided, that if, upon the occurrence of any event specified in the foregoing subclause (1), (2) or (3), any amounts payable by Lessee under this Lease AgreementAgreement remain outstanding, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, then the Security Deposit shall be returned to Lessee within thirty (30) days after five Business Days of the Lessor being satisfied that the Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit irrevocably paid to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due amounts that are at that time outstanding under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentAgreement.
Appears in 1 contract
Security Deposit. 4.1 Lessor acknowledges that Lessee has already paid a $6,780.00 security deposit under Lessee's current Lease. Lessee hereby agrees to pay an additional $10,220.00 to bring the total security deposit to $17,000.00. Lessee shall pay to Lessor simultaneously with upon execution hereof the execution sum of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) 10,220.00 as additional security for the full and faithful performance and observance by Lessee of each and every term, covenant and condition the terms of this Lease Agreement. Upon an Event It is agreed that in the event Lessee defaults in respect of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions terms of this Lease Agreement, including, but not limited to, the payment of rent and additional rent, Lessor may, in addition to any other rights and remedies it may have, use, apply, apply or retain the whole or any part of the Security Deposit security so deposited to the extent required for the payment of any rent and additional rent or any other sum due Lessor or as to which Lessor may expend or be required to expend by reason of the Lessee’s Event 's default in respect of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseAgreement. If Lessor applies any part of said deposit to cure any default of Lessee, Lessee shall upon demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the terms of this Lease Agreement.
4.2 In the event that Lessee shall fully and faithfully comply with all of the terms, covenants terms and conditions of this Lease Agreement, the Security Deposit security shall be returned to Lessee within thirty (30) days without interest after Lessee has vacated and surrendered the Leased Premises in accordance with date fixed as of the terms hereof, so long as no Event end of Default by Lessee shall then be existing under the terms term of this Lease AgreementAgreement and after delivery of the entire possession of the Premises to Lessor. In the event of a sale or lease of the Building or the Project, Lessor shall have the right to transfer the Security Deposit security to the purchaser, vendee or lessee and Lessor shall thereupon be released by Lessee from all liability for the return of such Security Deposit. security, and Lessee shall agrees to look solely to the new landlord for the return of such Security Deposit. If Lessee said security, and it is agreed that all of the provisions hereof shall fail apply to pay Rent every transfer or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective assignment made of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased security to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months renta new landlord.
Appears in 1 contract
Sources: Commercial Lease (Sitek Inc)
Security Deposit. Lessee has deposited with Lessor and Lessor hereby acknowledges receipt of the sum of $9,000.00, which shall pay to Lessor simultaneously with the execution be held by Lessor, without accrual of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) interest, as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement by Lessee to be observed and performed. Said deposit shall not be mortgaged, assigned, transferred or otherwise. In encumbered by Lessee without the event that express prior written consent of Lessor and any such act on the part of Lessee shall be without force and effect and shall not be binding upon Lessor. If any of the rents herein reserved or any other sum payable by Lessee or Lessor hereunder shall be overdue or unpaid, or should Lessor make payments on behalf of this Lease, then Lessor, at its option and without prejudice to any other remedy which Lessor may have on account thereof, may appropriate and apply said entire deposit, or so much thereof as may be necessary to compensate Lessor, toward the payment of any rent or additional sum due hereunder or to any loss or damage sustained by Lessor due to such breach on the part of Lessee; and Lessee shall forthwith upon demand restore said security deposit to the original sum deposited. Should Lessee comply with all of the termsterms and promptly pay all of the rentals and all other sums payable by Lessee to Lessor as they become due, covenants and conditions of this Lease Agreement, the Security Deposit said deposit shall be returned in full to Lessee within thirty (30) days after Lessee has vacated and surrendered at the Leased Premises in accordance with end of the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreementterm. In the event of bankruptcy or other creditor debt proceedings against Lessee, the security deposit shall be deemed to be first applied to the payment of rent and other charges due Lessor for a sale period prior to the filing of such proceedings. Lessor may deliver the Building security and any other deposit made hereunder by Lessee to the purchaser of Lessor's interest in the Premises and in the event that such interest be sold or the Projectotherwise conveyed, and thereupon Lessor shall have the right be discharged from any further liability with respect to transfer the Security Deposit such deposit; and this provision shall also apply to the purchaser, and Lessor shall thereupon be released from all liability for the return any subsequent transferee of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.
Appears in 1 contract
Security Deposit. Lessee shall pay to Lessor simultaneously with It is agreed that Lessee, at the time of execution of this Lease Agreement a Lease, has deposited with the Lessor, and will keep on deposit at all times during the term and any extended term of this Lease, the sum zero of Thirteen Thousand Eight Hundred Sixty Three and 00/100 15/100 Dollars ($0,000.00) (the “Security Deposit”13,863.15) as security for the full and faithful performance by Lessee of each and every term, covenant and condition provision of this Lease Agreementto be performed by Lessee. Upon an Event of Default by If Lessee under this Lease Agreement, or if Lessee fails defaults with respect to perform any of the terms, provisions and conditions provision of this Lease AgreementLease, including but not limited to the provisions relating to the payment of rent, Lessor may may, without further notice to Lessee, use, apply, apply or retain the whole all or any part of the Security Deposit so deposited this security deposit for the payment of any sum due Lessor rent or any sum, in default, or for the payment of any other amount which Lessor may expend spend or become obligated to spend by reasons of Lessee's default or to compensate Lessor for any other loss or damage which Lessor may suffer by reason of Lessee's default. If any portion of said deposit is so used or applied, Lessee shall within five (5) days after written demand therefor deposit cash with Lessor in an amount sufficient to restore the security deposit to its original amount and Lessee's failure to do so shall be a material breach of this Lease. Said deposit shall not be considered as liquidated damages and if claims of Lessor exceed said deposit, Lessee shall remain liable for the balance of such claims. The Lessor shall not be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit keep this security deposit separate from its general funds and Lessee shall not be or be deemed entitled to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood interest on such deposit. If Lessee shall fully and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms faithfully perform every provision of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreementto be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Lessee within thirty sixty (3060) days after Lessee has vacated (or, at Lessor's option, to the last assignee of Lessee's interest hereunder) of the expiration of the Lease term and surrendered upon Lessee's vacation of the Leased Premises in accordance with and Lessee's performance of all provisions of the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease AgreementLease. In the event of a sale termination of the Building or the ProjectLessor's interest in this Lease, Lessor shall have the right transfer said deposit to transfer the Security Deposit Lessor's successor in interest, whereupon, Lessee agrees to the purchaser, and release Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to deposit or the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentaccounting therefor.
Appears in 1 contract
Security Deposit. Lessee shall pay to has deposited with Lessor simultaneously with the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) 80,732.00 (the “"Security Deposit”") as security for the full and faithful payment and performance by Lessee of each its obligations under this Lease from and every termafter the date of execution hereof by Lessee, covenant and condition not as a prepayment of Rent. Lessor may commingle the Security Deposit in one or more bank accounts with other funds of Lessor, and the Security Deposit shall earn interest at the rate actually paid to Lessor from time to time on such account (which interest shall be included in the term "Security Deposit" for the purposes of this Lease AgreementLease). Upon an Lessor may use the Security Deposit to cure any Event of Default by Lessee under this (whether occurring prior to the Commencement Date hereunder or thereafter), and Lessee shall immediately pay to Lessor on demand, as Additional Rent, the amount so expended and such additional amount as is required to cause the Security Deposit at all times to equal the amount set forth above. Lessor shall assign the Security Deposit to any successor owner of the Building and thereafter Lessor shall have no further responsibility therefor. Upon the expiration (or earlier termination) of the Lease AgreementTerm, or Lessor shall inspect the Premises, make such deductions from the Security Deposit as may be required to cure any Event of Default by Lessee hereunder, and, if Lessee fails to perform any of is not then in default hereunder, pay the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part balance of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform includingDeposit, but not limited toif any, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after of such expiration or termination. If Lessee has vacated and surrendered is in default hereunder at the Leased Premises in accordance with the terms hereoftime of such expiration or termination, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right be entitled to transfer retain so much of the Security Deposit as Lessor reasonably estimates to be Lessee's liability to Lessor hereunder and shall pay the purchaserbalance, and Lessor shall thereupon be released from all liability for the return of if any, to Lessee within such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month 30-day period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.
Appears in 1 contract
Sources: Lease Extension Agreement (Millennium Pharmaceuticals Inc)
Security Deposit. Lessee shall pay to 23.01 The Lessor simultaneously with herewith acknowledges the execution receipt of this Lease Agreement a sum zero Three Hundred Thousand and 00/100 Dollars ($0,000.00300,000.00), ($100,000 of which shall be in the form of an Irrevocable Standby Letter of Credit (payable upon demand) (the “Security Deposit”) in form satisfactory to Lessor. Lessor shall retain same as security for the full and faithful performance by Lessee of each all of the covenants, conditions, and every termagreements of this Lease, covenant but in no event shall the Lessor, prior to Lessor's declaration of default and the termination of this Lease, be obligated to apply the same upon rents or other charges in arrears or upon damages for the Lessee's failure to perform the said covenants, condition and agreements. The Lessor shall so apply the security upon Lessor's declaration of default and the termination of this Lease Agreementor upon any other termination of the lease. Upon an Event The Lessor's right to the possession of Default the leased premises for nonpayment of rent or for any other reason shall not in any event be affected by reason of the fact that the Lessor holds such security. Provided Lessee is not then in default under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions terms of this Lease AgreementLease, Lessor may use, apply, or retain the whole or any part and further provided that no portion of the Security Deposit so deposited for said security has been applied toward the payment of any sum due rent or other charges in arrears or toward the payment of damages suffered by Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event 's breach of Default or failure to perform includingthis Lease, but not limited to, any damages or deficiency in then upon the reletting expiration of the Leased Premises, provided, however, that any such use, application or retention by Lessor fifth (5th) year of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damagesterm hereof, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor Lessee shall have the right option, exercisable by written notice to pursue any and all Lessor, of requiring the release of $100,000 of said security (from the cash deposit), to be either refunded to Lessee or applied against Lessee's rental obligations hereunder, at Lessee's option. The balance of said security, if not applied toward the payment of rent or other remedies available to it under charges in arrears or toward the terms payment of damages suffered by the Lessor by reason of the Lessee's breach of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the termsLease, covenants and conditions of this Lease Agreement, the Security Deposit shall be released and/or returned to the Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with expiration of the terms term hereof, so long as no Event of Default by provided that Lessee shall then be existing have vacated the leased premises, delivered possession to the Lessor in the condition required under the terms of this Lease AgreementLease, and shall have otherwise fully satisfied all of its obligations under this Lease. In the event of a sale that the Lessor repossesses itself of the Building leased premises because of the Lessee's default or because of the Lessee's failure to carry out the covenants, conditions and agreements of the Lease, the Lessor shall apply the said security upon all damages suffered to the date of said repossession and may retain the balance of the said security to pay upon such damages as may be suffered or shall accrue thereafter by reason of the Lessee's default or breach. The Lessor shall not be obliged to keep the said security as separate fund, but may mix the said security with its own funds. On or before ninety (90) days prior to the expiration of the initial term of this Lease (provided Lessee has not extended the term hereof) or the Projectextended term, as the case may be, if Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due show Lessee that the unrestricted and unapplied cash portion of Lessee's security deposit is then available and shall thereafter remain available, then Lessee may apply same against rentals accruing thereafter, provided that Lessee shall not then be in default under this Lease Agreement more than three and, further provided, that Lessee shall give Lessor five (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (105) days after demand by Lessor, written notice and opportunity to cure its failure hereunder before such application may be increased permitted. Lessee hereby agrees not to an amount equal look to the greater mortgagee, as mortgagee, mortgagee in possession, or successor in title to the land of (i) three (3) times which the aforesaid amount or (ii) three (3) months rentleased premises are a part, for accountability for any security deposit required by Lessor hereunder, unless said deposit shall have actually been received by said mortgagee as security for Lessee's performance under the terms of this Lease.
Appears in 1 contract
Security Deposit. Lessee shall pay A. Subject to Lessor simultaneously subparagraph (B) below, Sublessee has deposited with Sublessor, the execution sum of this Lease Agreement $106,476.00 to be held in a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) non-interest bearing account by Sublessor as security for the full and faithful performance and observance by Lessee Sublessee of each the terms, covenants, conditions, provisions and every term, covenant and condition agreements of this Lease AgreementSublease. Upon an Event It is agreed that in the event Sublessee defaults in respect of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, covenants, conditions, provisions and conditions agreements of this Lease AgreementSublease, Lessor including, but not limited to, the payment of fixed rent and additional rent, Sublessor may use, apply, apply or retain the whole or any part of the Security Deposit security so deposited to the extent required for the payment of any fixed rent and additional rent or any other sum due Lessor as to which Sublessee is in default or for any sum which Lessor Sublessor may expend or may be required to expend by reason of Sublessee’s default in respect of any of the Lessee’s Event terms, covenants, conditions, provisions and agreements of Default or failure to perform includingthis Sublease, including but not limited to, any damages or deficiency in the reletting of the Leased Premisesdemised premises, provided, however, that any whether such use, application damages or retention deficiency accrued before or after summary proceedings or other re-entry by Lessor of the whole Sublessor. If Sublessor so applies or retains any part of the Security Deposit shall not be security, Sublessee shall, upon demand, promptly deposit with Sublessor the amount so applied or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor retained so that Sublessor shall have the right to pursue any and full deposit on hand at all other remedies available to it under times during the terms term of this Lease Agreement or otherwiseSublease. In the event that Lessee Sublessee shall fully and faithfully comply with all of the terms, covenants covenants, conditions, provisions and conditions agreements of this Lease AgreementSublease, the Security Deposit security shall be returned to Lessee within thirty (30) days Sublessee after Lessee has vacated the Expiration Date and surrendered after delivery of the Leased Premises in accordance with possession of the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreementdemised premises to Sublessor. In the event of a sale an assignment by Sublessor of its interest under the Building or the ProjectUnderlying Lease, Lessor Sublessor shall have the right to transfer the Security Deposit security and Sublessee agrees to look to the purchaser, and Lessor shall thereupon be released from all liability new Sublessor solely for the return of said security and it is agreed that the provisions hereof shall apply to every transfer or assignment made of the security to a new Sublessor. Sublessee further covenants that it shall not assign or encumber or attempt to assign or encumber the monies deposited herein as security and that neither Sublessor nor its successors or assigns shall be bound by any such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent assignment, encumbrance, attempted assignment or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentattempted encumbrance.
Appears in 1 contract
Security Deposit. Lessee shall pay In addition to Lessor simultaneously with the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) /Letter of Credit required under the Lease, Tenant shall at all times maintain on deposit with Landlord cash in the amount of $5,344.50 as security for the full and faithful observance and performance by Lessee of each all of the covenants and every term, covenant and condition agreements of this Lease Agreement. Upon an Event of Default to be observed or performed by Lessee under this Lease AgreementTenant (expressly including, or if Lessee fails to perform any without limitation, the payment as and when due of the termsMonthly Base Rent, provisions Operating Costs and conditions of this Lease AgreementTaxes, Lessor may use, apply, and any other sums or retain the whole or any part of the Security Deposit so deposited for damages payable by Tenant hereunder) and the payment of any sum due Lessor or and all other damages for which Lessor may expend or Tenant shall be required to expend liable by reason of any act or omission contrary to any of said covenants or agreements. If at any time Tenant shall be in default in the Lessee’s Event payment of Default any such Monthly Base Rent, Operating Costs and Taxes, and/or any other sums or failure to perform including, but not limited to, any damages or deficiency shall otherwise be in default in the reletting observance or performance of any of the Leased Premises, provided, however, that any such use, application covenants or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms agreements of this Lease Agreement to be observed or otherwise. In performed by Tenant beyond any applicable notice and cure period, then, at Landlord's election, the event that Lessee shall comply cash on deposit with all it as aforesaid may be applied by Landlord to the payment of the termsMonthly Base Rent, Operating Costs and Taxes, and other sums or damages in respect of which Tenant is so in default and/or, if Tenant is otherwise in default in the observing or performing as aforesaid of any of the covenants and conditions or agreements of this Lease Agreementbeyond any applicable notice and cure period, said cash on deposit may be applied by Landlord to the payment of such costs and expenses as Landlord shall incur in curing any such default. If as a result of any such application of any such cash, the Security Deposit amount of cash so on deposit with Landlord shall at any time be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereofless than that hereinabove specified, so long as no Event of Default by Lessee Tenant shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to therefor deposit with Landlord additional cash in an amount equal to the greater of (i) deficiency and Tenant's failure to do so shall, if not cured within three (3) times business days after notice to Tenant of such failure, be a material breach of this Lease. If, at the aforesaid amount expiration of the term of this Lease, and any extensions thereto, all of such Monthly Base Rent, Operating Costs and Taxes, or (ii) three (3) months rentother sums or damages, costs or expenses shall have been paid by Tenant to Landlord and Tenant shall not be in default in the observance or performance of any other covenant or agreement of this Lease, then Landlord shall return to Tenant, without interest, all or such part of the cash, if any, then on deposit with Landlord pursuant to this Paragraph 7. Landlord shall have the right to commingle such cash with its general assets and, unless otherwise required by law, Landlord shall not be obligated to pay Tenant interest thereon.
Appears in 1 contract
Sources: Lease (United Leisure Corp)
Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with on the execution signing of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (Lease, the “Security Deposit”) Deposit as security defined in the Preamble for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee Lessee’s obligations under this Lease AgreementLease, or if Lessee fails to perform any including without limitation, the surrender of possession of the terms, provisions and conditions of this Lease Agreement, Premises to Lessor may use, apply, or retain as herein provided. Lessor shall not be required to maintain the whole or Security Deposit in a separate account. If Lessor applies any part of the said Security Deposit to cure any default of Lessee, Lessee shall, on demand, deposit with Lessor the amount so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, applied so that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and full Security Deposit on hand at all other remedies available to it under times during the terms Term of this Lease Agreement or otherwiseLease. In the event that Lessee shall comply with all of the termsa bona fide sale, covenants and conditions of subject to this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the ProjectLease, Lessor shall have the right to transfer the Security Deposit to the purchaservendee, and Lessor shall thereupon be considered released by Lessee from all liability for the return of such the Security Deposit. ; and Lessee shall agrees to look solely to the new landlord lessor for the return of such the Security Deposit, and it is agreed that this shall apply to every transfer or assignment made of the Security Deposit to the new lessor. If Provided this Lease is not in default, the Security Deposit (less any portions thereof used, applied or retained by Lessor in accordance with the provisions of this Article 16), shall be returned to Lessee within thirty (30) days after the expiration or sooner termination of this Lease and after delivery of the entire Premises to Lessor in accordance with the provisions of this Lease. Lessee covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and Lessor shall fail not be bound by any such assignment, encumbrance or attempt thereof. In the event of the insolvency of Lessee, or in the event of the entry of a judgment in any court against Lessee which is not discharged within ninety (90) days after entry, or in the event a petition is filed by or against Lessee under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, then in such event, Lessor may require the Lessee to pay Rent or other sums when due deposit additional security in an amount which in Lessor’s sole judgment would be sufficient to adequately assure Lessee’s performance of all of its obligations under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective including all payments subsequently accruing. Failure of whether or not such delinquencies have been cured, then Lessee to deposit the Security Deposit shall, security required by this Article 16 within ten (10) days after Lessor’s written demand shall constitute a material breach of this Lease by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLessee.
Appears in 1 contract
Sources: Lease Agreement (Silicom Ltd.)
Security Deposit. a. Lessee shall pay deposit with Lessor $1,720.00, or the equivalent of two months rent, in good or certified funds with a domestic bank, as a non-interest bearing security deposit. Lessor may use the security deposit to Lessor simultaneously with the execution cure any default of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of restore the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue Premises including any and all furniture, fixtures and equipment provided by Lessor and vendors at the Premises to their original condition and configuration, reasonable wear and tear excepted, to pay for repairs to any damage to the Premises, Executive Suite or Building, caused by Lessee or Lessee's guests, to pay any rent or other remedies available charges which Lessee owes Lessor at or prior to it under the terms expiration of this Lease Agreement Agreement, and to reimburse Lessor for costs or otherwiseexpenses arising from any other obligation of Lessee which Lessee has failed to perform. In the event that Lessee shall comply with all If Lessor transfers control or ownership of the termsPremises and Lessor transfers the security deposit to such purchaser, covenants and conditions of this Lease Agreement, Lessee will look solely to the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered new Lessor for the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale return of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchasersecurity deposit, and the Lessor named in this Agreement shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for security deposit.
b. The security deposit (less any sums used by Lessor in accordance with the return terms and conditions of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three Agreement) will be returned within sixty (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (1060) days after demand the termination of any services rendered or expiration of the term hereof. The security deposit shall not under any circumstance be applied in lieu of be the final payment(s) of Fixed Monthly Rental charges or service charges under this Agreement.
c. In the event that, by reason of the Lessee's default in its obligations pursuant to this Agreement or otherwise, including but not limited to the payment of the Fixed Monthly Rental Charge, any amounts due by reason of the Lessee's use of additional services hereto and/or by reason of the Lessee's use of telephone services as supplied pursuant to this Agreement, Lessor shall be entitled to apply any of the security deposited pursuant to this Agreement to any outstanding sums due or owing to the Lessor, and Lessor shall have the right to charge the Lessee, as additional rent, such sums as are necessary to replenish any and all amounts applied so as to cause the security to be increased returned to an amount equal its entire amount. The failure to pay such amounts as are necessary to replenish the greater security shall be considered a breach of (i) three (3) times this Agreement and shall entitle the aforesaid amount Lessor to exercise any of its rights pursuant to this Agreement or (ii) three (3) months rent.otherwise. 2
Appears in 1 contract
Sources: Lease and Service Agreement (Alpha 1 Biomedicals Inc)
Security Deposit. Lessee Pursuant to Section 4.2 of the Lease, the LESSEE agrees that a non- interest bearing security deposit equal shall pay to Lessor simultaneously with be paid to, and retained by, the execution CITY during the term of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by Lessee the LESSEE of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of all the terms, provisions terms and conditions of this Lease Agreement, Lessor may useand, apply, or retain the whole or any part of the Security Deposit so deposited except as provided for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises LESSEE at such time as the LESSEE peacefully vacates the PREMISES in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In Whether or not prior notice has been given to the event LESSEE concerning
(a) dockage fees which have become delinquent and/or delinquent charges at any time after any dockage fees are more than forty-five (45) days overdue;
(b) the cost of repairs required as a sale result of any damage or loss of CITY property caused by the LESSEE, the vessel, its crew, or its guests or passengers; (c) the cost of removing any personal property left at any facility after LESSEE vacates the PREMISES; (d) the cost of removing any equipment or fixtures installed by the LESSEE which is not removed by the LESSEE prior to vacation of the Building PREMISES, and restoring the facility to its condition prior to the LESSEE's use of the PREMISES; and (e) any other reason provided for in this Agreement. After utilization of all, or any portion of the Projectsecurity deposit, Lessor the CITY may give notice to the LESSEE, who shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessorin which to fully replenish the security deposit. Failure of replenish the security deposit within the time required herein shall cause this Agreement to automatically terminate. In no event shall the CITY be required or obligated to return the security deposit, be increased or any portion thereof if the CITY institutes legal proceedings to an amount equal to evict the greater of (i) three (3) times LESSEE from the aforesaid amount or (ii) three (3) months rentPREMISES.
Appears in 1 contract
Sources: Lease Agreement
Security Deposit. Lessee a) A sum @10% of the gross amount of the bill shall pay to Lessor simultaneously be deducted from each running bill of contractor till the sum along with the execution sum already deposited as ▇▇▇▇▇▇▇ money, will amount to security deposit of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any 5% of the termstendered value of the work. In addition, provisions and conditions the contractor shall be required to deposit an amount equal to 5% of this Lease Agreement, Lessor may use, apply, or retain the whole or tendered value of the contract as Performance Security within period prescribed for commencement of work in the letter of award issued to him.
b) In case a fixed deposit receipt of any scheduled bank is furnished by the contractor to the Employer as part of the Security Deposit so deposited security deposit and the bank goes into liquidation or for any reason is unable to make payment against the payment said fixed deposit receipt, the loss caused thereby shall fall on the contractor and the contractor shall forthwith on demand furnish additional security to the Employer to make good the deficit of any such sum due Lessor or which Lessor may expend or from the running bill as mentioned above. Such deductions will be required held by the Employer by way of security deposit, provided always that the Employer for this purpose shall be entitled to expend by reason recover the said percentage of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in amount from each running bill till the reletting balance of the Leased Premisesamount of security deposit is realized, provided, however, that any such use, application All compensation or retention the others sums of money payable by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it contractor under the terms of this Lease Agreement contract may be deducted from the security deposit or otherwise. In from the event that Lessee shall comply with all of interest arising therefrom or form any sums which may be due to or may become due to the terms, covenants contractor by the Employer on any account whatsoever and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale his security deposit being reduced by reason of any such deductions aforesaid, the contractor shall within ten days make good in cash or further fixed deposit receipt pledged in favour of the Building Employer. The security deposit shall be collected from the running bills of the contractor at rates mentioned above and the ▇▇▇▇▇▇▇ money if deposited at the time of tenders will be treated as part of the security deposit.
c) The contractor if he so desires may furnish fixed deposit receipt in advance towards the security deposit. Such fixed deposit receipt shall be of a minimum value of 25,000/- each (The last such fixed deposit receipt could be of a lower value on the basis of the amount). In case any recovery is affected from running account bills, such recovered amount shall not be replaced with fixed deposit receipt. It is in the contractor's interest to keep a watch about the adequacy of the fixed deposit receipt submitted.
d) No partial refund of security deposit shall be made during the defect liability period. In case the final bill is not settled within stipulated period for reasons beyond control and the Employer is satisfied that the security deposit is not required for adjustment of Employer dues or whatsoever dues either in this or any other contract then this security deposit either in full or in part could be refunded at the Projectsole discretion of the Employer. However, Lessor release of security deposit would be only after written clearance of Labour Officer regarding no dues or claims is received.
e) In case of termination of contract, this security deposit shall have the right be forfeited and amount necessary to transfer the Security Deposit make up this amount shall be recovered from money due to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due contractor under this Lease Agreement more than three (3) times in contract, or any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then other contract with the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentEmployer.
Appears in 1 contract
Sources: General Conditions of Contract
Security Deposit. Lessee has deposited with Lessor, and Lessor hereby acknowledges receipt of $3,700.00, the sum of which shall pay to Lessor simultaneously with the execution be held by Lessor, without accrual of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) interest, as security for the full and faithful performance by Lessee of each and every term, covenant and condition all of the terms of this Lease AgreementLease. Upon an Event of Default Said deposit shall not be mortgaged, assigned, transferred or encumbered by Lessee under this Lease Agreementwithout the express prior written consent of Lessor and any such act on the part of the Lessee shall be without force and effect and shall not be binding upon Lessor. If any of the rents herein reserved or any other sum payable by Lessee to Lessor hereunder shall be overdue or unpaid, or should Lessor make payments on behalf of Lessee, or if Lessee fails shall fail to perform any of the terms, provisions and conditions terms of this Lease AgreementLease, then Lessor, at its option and without prejudice to any other remedy which Lessor may usehave on account thereof, applymay appropriate and apply said entire deposit, or retain the whole or any part of the Security Deposit so deposited for much thereof as may be necessary to compensate Lessor, toward the payment of any rent or additional sum due Lessor hereunder or which Lessor may expend to any loss or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention damage sustained by Lessor of due to such breach on the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood Lessee; and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall forthwith upon demand restore said security deposit to the original sum deposited. Should Lessee comply with all of the termsterms and promptly pay all of the rentals and all other sums payable by Lessee to Lessor as they become due, covenants and conditions of this Lease Agreement, the Security Deposit said deposit shall be returned in full to Lessee within thirty (30) days after Lessee has vacated and surrendered at the Leased Premises in accordance with end of the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreementterm. In the event of a sale Bankruptcy or other creditor debt proceedings against Lessee, the security deposit shall be deemed to be first applied to the payment of rent and other charges due Lessor for all periods prior to the filing of such proceedings. This deposit may be commingled with other funds of Lessor. Lessor may deliver the security and any other deposit made hereunder by Lessee to the purchaser of Lessor's interest in the Executive Center Office Building in the event that such interest be sold or the Projectotherwise conveyed, and thereupon Lessor shall have the right be discharged from any further liability with respect to transfer the Security Deposit such deposit; and this provision shall also apply to the purchaser, and Lessor shall thereupon be released from all liability for the return any subsequent transferee of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.
Appears in 1 contract
Security Deposit. a. Lessee shall pay deposit with Lessor $10604.00, or the equivalent of two months rent, in good or certified funds with a domestic bank, as a non-interest bearing security deposit. Lessor may use the security deposit to Lessor simultaneously with the execution cure any default of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of restore the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue Premises including any and all furniture, fixtures and equipment provided by Lessor and vendors at the Premises to their original condition and configuration, reasonable wear and tear excepted, to pay for repairs to any damage to the Premises, Executive Suite or Building, caused by Lessee or Lessee's guests, to pay any rent or other remedies available charges which Lessee owes Lessor at or prior to it under the terms expiration of this Lease Agreement Agreement, and to reimburse Lessor for costs or otherwiseexpenses arising from any other obligation of Lessee which Lessee has failed to perform. In the event that Lessee shall comply with all If Lessor transfers control or ownership of the termsPremises and Lessor transfers the security deposit to such purchaser, covenants and conditions of this Lease Agreement, Lessee will look solely to the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered new Lessor for the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale return of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchasersecurity deposit, and the Lessor named in this Agreement shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for security deposit.
b. The security deposit (less any sums used by Lessor in accordance with the return terms and conditions of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three Agreement) will be returned within sixty (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (1060) days after demand the termination of any services rendered or expiration of the term hereof. The security deposit shall not under any circumstance be applied in lieu of the final payment(s) of Fixed Monthly Rental charges or service charges under this Agreement.
c. In the event that, by reason of the Lessee's default in its obligations pursuant to this Agreement or otherwise, including but not limited to the payment of the Fixed Monthly Rental Charge, any amounts due by reason of the Lessee's use of additional services hereto and/or by reason of the Lessee's use of telephone services as supplied pursuant to this Agreement, Lessor shall be entitled to apply any of the security deposited pursuant to this Agreement to any outstanding sums due or owing to the Lessor, and Lessor shall have the right to charge the Lessee, as additional rent, such sums as are necessary to replenish any and all amounts applied so as to cause the security to be increased returned to an amount equal its entire amount. The failure to pay such amounts as are necessary to replenish the greater security shall be considered a breach of (i) three (3) times this Agreement and shall entitle the aforesaid amount Lessor to exercise any of its rights pursuant to this Agreement or (ii) three (3) months rentotherwise.
Appears in 1 contract
Security Deposit. Lessee shall pay to Lessor simultaneously LESSEE, contemporaneously with the execution of this Lease Agreement a Lease, has deposited with LESSOR the sum zero and 00/100 of Thirteen Thousand Four Hundred Sixteen Dollars Sixty Seven Cents ($0,000.0013,416.67), receipt of which is hereby acknowledged by LESSOR. In the event that LESSEE commences occupancy of the Premises upon receipt of notice that LESSOR'S work has been completed and otherwise commences performing LESSEE'S obligations as LESSEE under this Lease, then Six Thousand Two Hundred Twenty Nine Dollars Seventeen Cents ($6,229.17) (of the “Security Deposit”) deposit shall be applied to the first full month's Minimum Rent due hereunder. The balance of said deposit shall be held by LESSOR, without liability for interest, as security for the full and faithful performance by Lessee LESSEE of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any all of the terms, provisions covenants, and conditions of this Lease Agreement, Lessor may use, apply, or retain by said LESSEE to be kept and performed during the whole or term hereof. If at any part time during the term of this Lease any of the Security Deposit so deposited for rent herein reserved shall be overdue and unpaid, the LESSOR may, at the option of the LESSOR, upon written notice to LESSEE, appropriate and apply any portion of said deposit to the payment of any sum due Lessor such overdue rent or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwisesum. In the event that Lessee shall comply with all of the failure of LESSEE to keep and perform any of the terms, covenants and conditions of this Lease Agreementto be kept and performed by LESSEE, then the Security Deposit LESSOR at its option, upon written notice to LESSEE, may appropriate and apply said entire deposit or so much thereof as may be necessary, to compensate the LESSOR for loss or damage sustained or suffered by LESSOR due to such breach on the part of LESSEE. Should the entire deposit, or any portion thereof, be appropriated and applied by LESSOR payment of overdue rent for the payment of overdue rent or other sums due and payable to LESSOR by LESSEE hereunder, then LESSEE shall, upon the written demand of LESSOR, forthwith remit to LESSOR a sufficient amount in cash to restore said security to the original sum deposited (less any amount applied to the first month's rent), and LESSEE'S failure to do so within five (5) days after receipt of such demand shall constitute a breach of this Lease. The said deposit, including any additions thereto (or the balance thereof not applied to the first months rent or obligations of LESSEE provided for herein), shall be returned in full to Lessee within thirty (30) days after Lessee has vacated and surrendered LESSEE at the Leased Premises in accordance with end of the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms term of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLease.
Appears in 1 contract
Security Deposit. Lessee (a) At least one (1) week before the commencement of any rehearsal, engagement or series of engagements or at least one (1) week before the ARTIST commences to travel in pursuance of any engagements, or series of engagements, whichever is earlier, the Employer shall pay to Lessor simultaneously deposit with AGMA, at ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, not less than full compensation for all ARTISTS engaged by the execution EMPLOYER for said engagement or series of engagements.
(b) This security deposit shall represent a guarantee by the EMPLOYER that it will faithfully fulfill its obligations under the terms of this Lease Basic Agreement a sum zero or under the terms of any agreement entered into in writing between the EMPLOYER and 00/100 Dollars any ARTIST.
($0,000.00c) AGMA agrees to return such security deposit two (2) weeks after notice by the “Security Deposit”) as security for EMPLOYER to AGMA that any engagement or series of engagements has been terminated and that every ARTIST has been returned to the full and faithful performance by Lessee city of each and every termorigination, covenant and condition of this Lease Agreement. Upon less an Event of Default by Lessee under this Lease Agreement, or if Lessee fails amount equivalent to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole claims filed or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency arbitration instituted as provided in the reletting of the Leased Premises, provided, however, this Basic Agreement.
(d) The EMPLOYER agrees that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor AGMA shall have the right to pursue use the funds in the security deposit account without any requirement of consent by the EMPLOYER to fulfill any obligation of the EMPLOYER for failure to pay such compensation due under the Standard Artist’s contracts or in order to return ARTISTS to the city of origination where such transportation has not been furnished by the EMPLOYER.
(e) In lieu of the security deposit described above, the EMPLOYER shall, no less than two days prior to the first performance of any production (whether a single engagement or otherwise) deliver or cause to be delivered to AGMA a payroll spreadsheet showing all ARTISTS by name with gross pay, deductions, and all other remedies net pay for each ARTIST, together with a notice from its bank and/or entity responsible for dispensing EMPLOYER’S payroll, showing that sufficient funds are available to it under the terms of this Lease Agreement pay each such ARTIST all amounts due. Notice to AGMA shall be by fax or otherwisemail so long as receipt is timely. In the event that Lessee shall the EMPLOYER fails to strictly comply with all the requirements set forth in this paragraph, EMPLOYER shall be in breach of the termsARTISTS’ contract, covenants and conditions of this Lease Agreement, the Security Deposit no ARTISTS shall be returned required to Lessee within thirty (30) days after Lessee has vacated perform for such engagement(s); however, EMPLOYER shall be liable for all compensation, benefits, ARTISTS’ payment of dues to AGMA and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing any other payments due under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability individuals’ ARTISTS’ contracts for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentengagement(s).
Appears in 1 contract
Security Deposit. Lessee On the date of execution hereof, LESSEE shall pay deposit with LESSOR, the amount equivalent to Lessor simultaneously with the execution one month of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) rent (the “Security Deposit”) as security for the full and LESSEE’s faithful performance by Lessee of each and every term, covenant and condition of its obligations hereunder. LESSOR may retain any amount with no obligation to return the same in case LESSOR applies said sum to comply with LESSEE’s failure to comply with its obligations under this Lease Agreement. Upon an Event of Default by Lessee under this Lease AgreementIf LESSEE fails to pay rent or other charges due hereunder, or if Lessee fails otherwise defaults with respect to perform any of the terms, provisions and conditions provision of this Lease Agreement, Lessor LESSOR may use, apply, or retain the whole use all or any part portion of the Security Deposit so deposited for the payment of rent or other charges in default, or for the payment of any other sum due Lessor or to which Lessor LESSOR may expend or be required become obligated to expend pay by reason of the LesseeLESSEE’s Event default, or to compensate LESSOR for loss or damage which LESSOR may suffer in accordance to what is stipulated in Clause Fourth of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole this agreement. If LESSOR uses all or any part portion of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the termsabovementioned failure, covenants and conditions of this Lease AgreementLESSEE shall, the Security Deposit shall be returned to Lessee within thirty five (305) days after Lessee has vacated and surrendered the Leased Premises receipt of written demand, deposit cash with LESSOR in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right an amount sufficient to transfer restore the Security Deposit to the purchaseramount stated above. At the expiration of the lease term, and Lessor after LESSEE has vacated the Leased Property and LESSOR has received the Leased Property agreement, LESSEE shall thereupon be released from deliver to LESSOR a non debt certificate issued by the public utility companies for each utility in the Leased Property and complied with all liability for the its obligations hereunder, LESSOR shall return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shallto LESSEE, within ten (10) days after demand or so much thereof as has not been applied by LessorLESSOR, be increased without payment of interest to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLESSEE.”
Appears in 1 contract
Security Deposit. Lessee shall pay to Lessor simultaneously with the Upon execution of this Lease Agreement a lease, Lessee agrees to deposit with Lessor, the receipt of which is hereby acknowledged, the sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) of $ . This deposit, which is non-interest bearing, is to be held by Lessor as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any all of the terms, provisions terms and conditions of this Lease Agreementlease. This security deposit is not to be considered liquidated damages. In the event of forfeiture of the security deposit due to Lessee’s failure to fully and faithfully perform all of the terms and conditions of the lease, Lessor may use, apply, or retain the whole or any part retains all of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but its other rights and remedies. Lessee does not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue cancel this lease and void his obligations thereunder by forfeiting the said security. Lessee shall be entitled to return of the said security deposit within 30 days after the premises have been vacated and inspected by Lessor provided said lease premises are returned to Lessor in as good condition as they were at the time Lessee first occupied same, subject only to normal wear and tear and after all keys are surrendered to Lessor. Lessee agrees to deliver the premises clean and free of trash at the termination of the lease. In the event of any damage to the leased premises or equipment therein, reasonable wear and all other remedies available tear exempted, caused by Lessee, his family, guests or agents, Lessee agrees to it under pay Lessor when billed the terms full amount necessary to repair or replace the damaged premises or equipment. Deductions will be made from the security deposit to reimburse Lessor for the cost of this Lease Agreement repairing any of the articles or otherwiseequipment that may be damaged beyond repair, lost or missing at the termination of the lease. Deductions will also be made to cover any unpaid amounts owed to Lessor for any such damage or loss occurring prior to termination of the lease and for which Lessee has been billed. In the event that Lessee shall comply with all such damages or cleaning charges exceed the amount of the termssecurity deposit, covenants charges for damages and conditions cleaning shall be paid in addition to the amount of the said security deposit. Notwithstanding any other provisions expressed or implied herein, it is specifically understood and agreed that the entire security deposit aforesaid shall be automatically forfeited as liquidated damages should lessee vacate, abandon the premises before the expiration of this Lease Agreementlease or without giving written 30 day notice to vacate, except where such abandonment occurs during the Security Deposit shall be returned to Lessee within thirty (30) days after last month of the term of the lease, Lessee has vacated paid all rent covering the entire term and surrendered either party has given the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then other timely written notice that this lease will not be existing renewed under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentits automatic renewal provisions.
Appears in 1 contract
Sources: Lease Agreement
Security Deposit. Lessee shall pay to Lessor simultaneously deposit with Lessor, concurrently with the execution of this Lease Agreement a Lease, the sum zero of Thirty-Seven Thousand Seven Hundred 51xty-Five and 00/100 36/100 Dollars ($0,000.0037,765.36) (to be held in an interest bearing account with interest payable to the “Security Deposit”) Lessee annually and applied by Lessor as security for the full and faithful timely performance by Lessee and observance of each any and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any all of the terms, provisions terms and conditions of this the Lease Agreement, Lessor may use, apply, or retain the whole or any on Lessee's part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election performed and observed. Lessor in its discretion and from time to time and at any time shall be entitled to apply any portion or all of remedies by Lessor said security to reimbursement or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue satisfaction of any and all other remedies available defaults in Lessee's performance and observance of the Lease and/or any and all damages, losses, attorneys' fees, costs or expenses incurred or to it under be incurred by Lessor as to any default or defaults in the terms Lease by Lessee, including those not remedied by Lessee within the period, if any, expressly provided in the Lease for such remedial action. Upon Lessor's giving Lessee notice of this Lease Agreement any such application of the security, Lessee shall within five (5) days thereafter pay to Lessor a sum sufficient to restore the amount of such security de deposit to a total sum of Thirty-Seven Thousand Seven Hundred Sixty-Five and 36/100 Dollars ($37,765.36). On or otherwise. In before March 1, 1991, and/or in the event that Lessee shall comply with all lease the additional premises, as the case may be, Lessee shall pay to Lessor a sum sufficient that will, when added to the security then being held by Lessor, equal two (2) months of the terms, covenants and conditions rental due during the term and/or for the additional premises so leased. Within fifteen (15) days next following expiration of the term of this Lease AgreementLease, the Security Deposit Lessor shall be returned refund to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale any balance of the Building security remaining on deposit with Lessor which has not been applied to reimbursement or satisfaction of the Projectforegoing items, and Lessor shall have no further liability with respect to such security. If Lessor shall cease to be the landlord of the demised premises, Lessor may deliver the balance of the security then on deposit with Lessor to its successorin-interest to such premises; and upon such delivery and written notice to Lessee giving the name and mailing address of such successor-in-interest, Lessor shall have the right no further liability with respect to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentsecurity.
Appears in 1 contract
Sources: Lease Agreement (American Drug Co)
Security Deposit. Concurrently with the execution of this Lease, Lessee shall pay to Lessor simultaneously with a security deposit (the execution "Security Deposit") in the amount of Fifty-Seven Thousand Six Hundred Seventy-Six Dollars and 68/100 ($57,676.68) and Lessor shall hold the same, throughout the Term of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (including the “Security Deposit”) Extended Term, if applicable), unless sooner returned to Lessee as provided in this Rider Paragraph 4, as security for the full and faithful performance by Lessee of all obligations on the part of Lessee to be performed under this Lease. At the option of Lessee the Security Deposit shall be in the form of either cash or an unconditional irrevocable letter of credit (the "Letter of Credit") drawn on a bank satisfactory to Lessor and otherwise upon terms satisfactory to Lessor, which Letter of Credit shall permit one or more draws thereunder to be made accompanied only by certification by Lessor that pursuant to the terms of this Lease, Lessor is entitled to apply such Letter of Credit and the proceeds thereof to Lessor's damages due to a default of Lessee under the terms and provisions of this Lease. Any Letter of Credit shall be for a term of no less than one (1) year and shall be renewed by Lessee each year thereafter and every termeach renewal shall be delivered to and received by Lessor not later than thirty (30) days before the expiration of the then current Letter of Credit (herein called a "Renewal Presentation Date"). In the event of a failure to so deliver such renewal Letter of Credit on or before the applicable Renewal Presentation Date, covenant Lessor shall be entitled to present the then existing Letter of Credit for payment and condition to receive the proceeds thereof, which proceeds shall be held by Lessor as Lessee's Security Deposit, subject to the terms of this Rider Paragraph 4. Lessor shall have the right from time to time without prejudice to any other remedy Lessor may have on account thereof, to apply the Security Deposit, or any part thereof, to Lessor's damages arising from any Default or Breach on the part of Lessee under the terms of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or and if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit is in the form of the Letter of Credit, the Letter of Credit may be drawn upon by Lessor in the event of such a Default or Breach and the proceeds thereof may be so deposited for the payment applied to such damages of Lessor. Provided that Lessee is not then in Default or Breach (without benefit of any sum due Lessor or which Lessor may expend or be required to expend by reason grace periods), on the expiration of the Lessee’s Event Lease Term (as extended) and on the surrender of Default or failure possession of the Premises by Lessee to perform including, but not limited to, any damages or deficiency Lessor at such time in the reletting condition and manner provided for in this Lease, Lessor shall return to Lessee the Security Deposit or so much thereof as shall not have heretofore been applied in accordance with the terms of this Rider Paragraph 4. While Lessor holds the Leased PremisesSecurity Deposit, provided, however, that any such use, application or retention by Lessor of shall have no obligation to pay interest on the whole or any same and Lessor shall have the right to commingle the same with Lessor's other funds. No part of the Security Deposit shall not be or be deemed considered to be an election of remedies prepayment for any monies to be paid by Lessee under this Lease. If Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it conveys Lessor's interest under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease AgreementLease, the Security Deposit Deposit, or any part thereof not previously applied, shall be returned turned over by Lessor to Lessee within thirty (30) days after Lessee has vacated and surrendered Lessor's grantee for proper application of the Leased Premises Security Deposit in accordance with the terms hereofof this Paragraph and the return thereof in accordance herewith. If the Lessor uses or applies all or any portion of the Security Deposit, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after written demand by Lessor, be increased to therefor deposit cash with Lessor in an amount equal sufficient to restore the Security Deposit to the greater full amount and Lessee's failure to do so shall be a Breach of (i) three (3) times the aforesaid amount or (ii) three (3) months rentthis Lease.
Appears in 1 contract
Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with the upon execution of this Lease Agreement a sum zero hereof One Hundred Fifty Thousand and 00/100 No/100ths Dollars ($0,000.00) (the “Security Deposit”150,000.00) as security for the full and L▇▇▇▇▇’s faithful performance by Lessee of each and every term, covenant and condition of this Lease AgreementL▇▇▇▇▇’s obligations hereunder. Upon an Event of Default by Lessee under this Lease Agreement, or if If Lessee fails to perform pay Rent or other charges due hereunder, or otherwise defaults with respect to any provision of the terms, provisions and conditions of this Lease AgreementLease, Lessor may use, apply, or retain the whole all or any part portion of the Security Deposit so deposited said deposit for the payment of any Rent or other charge in default or for the payment of any other sum due Lessor or for which Lessor may expend become obligated by reason of L▇▇▇▇▇’s default, or to compensate Lessor for any loss or damage which Lessor may suffer thereby. If Lessee is in default of this Lease and Lessor so uses or applies all or any portion of said deposit, Lessee shall within 10 days after written demand therefor deposit cash with Lessor in an amount sufficient to restore said deposit to the amount stated above, and L▇▇▇▇▇’s failure to do so shall be a material breach of this Lease. Lessor shall not be required to expend keep said deposit separate from its general accounts. If L▇▇▇▇▇ performs all of L▇▇▇▇▇’s obligations hereunder, said deposit, or so much thereof as has not been applied by L▇▇▇▇▇, shall be returned, without payment of interest or other increment for its use, to Lessee (or, at Lessor’s option, to the last assignee, if any, of L▇▇▇▇▇’s interest hereunder) within sixty (60) days of the expiration of the Term and after L▇▇▇▇▇ has vacated the Premises. Any mortgagee of Lessor, purchaser of the Project, or beneficiary of a deed of trust shall be relieved and released from any obligation to return said deposit in the event such mortgagee, beneficiary of deed of trust or purchaser comes into possession of the Premises by reason of the Lesseeforeclosure or trustee’s Event sale (including deed in lieu thereof) or proceeding in lieu of Default foreclosure unless said deposit shall have been actually delivered to such mortgagee, beneficiary of deed of trust or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, providedpurchaser. Such release, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be relieve the person or be deemed entity who owned the Project immediately prior to be an election acquisition of remedies title by Lessor such mortgagee, beneficiary of deed of trust or viewed as liquidated damages, purchaser of any obligation he or it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall may have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentsaid deposit.
Appears in 1 contract
Sources: Commercial Industrial Triple Net Lease (PLBY Group, Inc.)
Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with on the execution signing of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (Lease, the “Security Deposit”) Deposit as security defined in the Preamble for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee Lessee's obligations under this Lease AgreementLease, or if Lessee fails to perform any including without limitation, the surrender of possession of the terms, provisions and conditions of this Lease Agreement, Premises to Lessor may use, apply, or retain the whole or as herein provided. If Lessor applies any part of the said Security Deposit to cure any default of Lessee, Lessee shall, on demand, deposit with Lessor the amount so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, applied so that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and full Security Deposit on hand at all other remedies available to it under times during the terms Term of this Lease Agreement or otherwiseLease. In the event that Lessee shall comply with all of the termsa bona fide sale, covenants and conditions of subject to this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the ProjectLease, Lessor shall have the right to transfer the Security Deposit to the purchaservendee, and Lessor shall thereupon be considered released by Lessee from all liability for the return of such the Security Deposit. ; and Lessee shall agrees to look solely to the new landlord lessor for the return of such the Security Deposit, and it is agreed that this shall apply to every transfer or assignment made of the Security Deposit to the new lessor. If Provided this Lease is not in default, the Security Deposit (less any portions thereof used, applied or retained by Lessor in accordance with the provisions of this Article 16), shall be returned to Lessee after the expiration or sooner termination of this Lease and after delivery of the entire Premises to Lessor in accordance with the provisions of this Lease. Lessee covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and Lessor shall fail not be bound by any such assignment, encumbrance or attempt thereof. In the event of the insolvency of Lessee, or in the event of the entry of a judgment in any court against Lessee which is not discharged within thirty (30) days after entry, or in the event a petition is filed by or against Lessee under any chapter of the bankruptcy laws of the State of Maryland or the United States of America, then in such event, Lessor may require the Lessee to pay Rent or other sums when due deposit additional security in an amount which in Lessor's sole judgment would be sufficient to adequately assure Lessee's performance of all of its obligations under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective including all payments subsequently accruing. Failure of whether or not such delinquencies have been cured, then Lessee to deposit the Security Deposit shall, security required by this Article 16 within ten (10) days after Lessor's written demand shall constitute a material breach of this Lease by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLessee.
Appears in 1 contract
Sources: Lease (Old Line Bancshares Inc)
Security Deposit. Lessee shall 3.1 The Tenant hereby agrees to pay to Lessor simultaneously with the Landlord on the execution of this Lease Tenancy Agreement the sum stated in Section 9(i) of the Schedule annexed hereto by way of a sum zero deposit as security for the due observance and 00/100 Dollars performance by the Tenant of its covenants herein contained ($0,000.00) (hereinafter referred to as “the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of wherein the Security Deposit so deposited for shall be subject to the payment provisions of this Tenancy and in the absence of any sum due Lessor or which Lessor may expend or be required to expend breach by reason the Tenant of the Lessee’s Event terms and conditions herein contained be returned to the Tenant free of Default or failure to perform including, but not limited to, any damages or deficiency in interest within one (1) month from the reletting termination of the Leased Premises, provided, however, this Tenancy PROVIDED ALWAYS that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed treated as towards payment of rent.
3.2 The Tenant hereby agrees to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have pay the right to pursue any and all other remedies available to it under Landlord on the terms execution of this Lease Tenancy Agreement the sum stated in Section 9(ii) of the Schedule annexed hereto by way of a deposit for payment of electricity and water bills, costs of repairs and other sums payable by the Tenant under this Tenancy (if any) (hereinafter referred to as "the Utility Deposit") and which shall be refunded to the Tenant free of interest within one (1) month from the termination of this Tenancy hereby created.
3.3 The Tenant shall not utilise any of the Security Deposit and/or Utility Deposit to set off or otherwise. pay for any outstanding rent or sums or moneys due and payable under this Tenancy.
3.4 In the event that Lessee shall comply with all any of the terms, covenants and conditions parties hereto shall desire to terminate this Tenancy before the expiration of this Lease Agreementthe Term hereby granted, the Security Deposit party intending to terminate this Tenancy shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit give to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than party three (3) times months’ notice in any twelve (12) month period, irrespective writing of whether its/their intention so to do or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) pay three (3) times months’ rental in lieu of such notice and at the aforesaid amount expiry of which notice or (ii) three (3) months rentupon payment of such sum in lieu of notice, whichever the case may be, this Tenancy Agreement shall be deemed terminated.
Appears in 1 contract
Sources: Tenancy Agreement
Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with on the execution signing of this Lease Agreement a sum zero the total cash amount of the Security Deposit as defined in the Preamble (and 00/100 Dollars ($0,000.00) (shall deliver the “Letter of Credit portion of the Security Deposit”) as security Deposit no later than August 1, 2006), for the full and faithful performance of Lessee's obligations under this Lease, including, without limitation, the surrender of possession of the Premises to Lessor as herein provided. If Lessor applies any part of said Security Deposit to cure any default of Lessee, Lessee shall on demand deposit or deliver an amended Letter of Credit with Lessor the amount so applied so that Lessor shall have the full Security Deposit on hand at all times during the Term of this Lease. Lessor, 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 Lessee thereof, and thereupon Lessor shall be discharged from any further liability in reference thereto. The Security Deposit (less any portions thereof used, applied or retained by Lessor in accordance with the provisions of this Paragraph 17), shall be returned to Lessee without interest provided Lessee has cured any outstanding defaults and after delivery of each and every term, covenant and condition the entire Premises to Lessor in accordance with the provisions of this Lease Agreementincluding ISRA compliance. Upon Lessee covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and Lessor shall not be bound by any such assignment, encumbrance or attempt thereof. In the event of the insolvency of Lessee, or in the event of the entry of a material judgment in any court against Lessee which if paid would render Lessee insolvent which is not discharged within sixty (60) days after entry, or in the event a petition is filed by or against Lessee under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, then in such event, Lessor may require the Lessee to deposit additional security in an Event amount which in Lessor's sole judgment would be sufficient to adequately assure Lessee's performance of Default by Lessee all of its obligations under this Lease Agreement, or if including all payments subsequently accruing. Failure of Lessee fails to perform any of deposit the terms, provisions and conditions security required by this Paragraph within twenty (20) days after Lessor's written demand shall constitute a material breach of this Lease Agreement, Lessor may use, apply, or retain by Lessee. As to the whole or any part portion of the Security Deposit so security deposited for the payment of any sum due Lessor or which Lessor may expend or hereunder permitted to be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency delivered in the reletting form of the Leased Premisesan irrevocable straight Letter of Credit, providedthen upon a material, however, that any such use, application or retention monetary Default by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retentionLessee, Lessor shall have the right to pursue draw down the entire amount of the Letter of Credit and place same in an interest bearing account with the interest to accrue to the benefit of the Lessee, subject to deduction for Lessor's reasonable expenses for the cost of opening and maintaining said account. Lessor shall have no obligation to achieve any specified rate of return on the money so deposited. The Letter of Credit shall be substantially in the form as attached hereto as Exhibit C and all other remedies available drawn against a banking institution maintaining assets of no less than Five Hundred Million Dollars ($500,000,000.00) and shall specify that same shall be drawn upon demand by Lessor and deliverable by Lessor and payable to it under Lessor in Hackensack, New Jersey via wire transfer and shall require only a statement of default by Lessor delivered together with an accounting of the terms amounts in default. Lessor approves Wachovia Bank, N.A. as an acceptable issuer of this Lease Agreement or otherwise. In the event that Lessee shall comply with Letter of Credit, subject to all of the termsother terms hereof. Lessor shall not be liable for any costs, covenants and conditions loss or damage, however incurred by Lessee in connection with any drawing down against the Letter of this Lease AgreementCredit even if at a later time it is proven in a court of law or otherwise that Lessor did not have a right to draw down against the Letter of Credit or that Lessor's conduct was without basis. Under such circumstances, Lessor's only obligation shall be to replenish the Security Deposit without interest. The acceptance by Lessor of the Letter of Credit shall be returned further subject to Lessee within the following conditions:
A. The Letter of Credit shall be irrevocable for the term thereof and shall provide that it is automatically renewable for a period ending not earlier than thirty (30) days after the expiration of the Term without any action whatsoever on the part of Lessor; provided that the issuing bank shall have the right not to renew said Letter of Credit on written notice to Lessor not less than thirty (30) days prior to the expiration of the then current term thereof (it being understood, however, that the privilege of the issuing bank not to renew said Letter of Credit shall not, in any event, diminish the obligation of Lessee has vacated to maintain such irrevocable Letter of Credit with Lessor through the date which is thirty (30) days after the expiration of the term hereby demised).
B. The form and surrendered terms of the Leased Premises Letter of Credit (and the bank issuing the same) shall be acceptable to Lessor (and substantially in accordance with the terms hereofform attached hereto as Exhibit E and shall provide, so long as no Event among other things, in effect that:
(1) Lessor, or its then managing agent, shall have the right to draw down an amount up to the face amount of Default by Lessee shall the Letter of Credit upon the presentation to the issuing bank of Lessor's (or Lessor's then be existing managing agent's) statement that such amount is due to Lessor under the terms and conditions of this Lease Agreement. lease, it being understood that if Lessor or its managing agent be a corporation, partnership or other entity, then such statement shall be signed by an officer (if a corporation), a general partner (if a partnership), or any authorized party (if another entity); (2) The Letter of Credit will be honored by the issuing bank without inquiry as to the accuracy thereof and regardless of whether the Lessee disputes the content of such statement; (3) In the event of a sale transfer of Lessor's interest in the Building or of which the ProjectDemised Premises are a part, Lessor shall have the right to transfer the Letter of Credit to the transferee and upon such transferee's receipt of the Security Deposit to and such transferee's written assumption of Lessor's obligations hereunder, the purchaserLessor shall, and Lessor shall thereupon without any further agreement between the parties, be released by Lessee from all liability for therefor, and it is agreed that the return provisions hereof shall apply to every transfer or assignment of said Letter of Credit to a new Lessor.
C. Lessee further covenants that it will not assign or encumber said Letter of Credit or any part thereof and that neither Lessor nor its successors or assigns will be bound by any such Security Deposit. Lessee shall look solely to assignment, encumbrance, attempted assignment or attempted encumbrance.
D. Without limiting the new landlord for generality of the return foregoing, if the Letter of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more Credit expires earlier than three thirty (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (1030) days after demand by Lessorthe expiration of the term of this Lease, or the issuing bank notifies Lessor that it shall not renew the Letter of Credit, Lessor will accept a renewal thereof or substitute Letter of Credit (such renewal or substitute Letter of Credit to be increased to an amount equal in effect not later than thirty (30) days prior to the greater expiration thereof), irrevocable and automatically renewable as above provided to thirty (30)days after the end of the term of this Lease upon the same terms as the expiring Letter of Credit or such other terms as may be reasonably acceptable to Lessor. However, (i) three (3) times if the aforesaid amount Letter of Credit is not timely renewed or a substitute Letter of Credit is not timely received, (ii) three or if Lessee fails to maintain the Letter of Credit in the amount and terms set forth in this Paragraph, Lessee, at least thirty (330) months rentdays prior to the expiration of the Letter of Credit, or promptly upon its material failure to comply with each and every term of this Paragraph, must deposit with Lessor cash security in the amounts required by, and to be held subject to and in accordance with, all of the terms and conditions set forth in this Paragraph pertaining to cash security deposits and the amounts so specified in Preamble Paragraph 11 hereof, failing which the Lessor may present such Letter of Credit to the bank in accordance with the terms of this Paragraph, and the entire sum secured thereby shall be paid to Lessor, to be held by Lessor as provided in this Paragraph.
Appears in 1 contract
Security Deposit. Upon execution of the Lease, Lessee shall pay deposit with Lessor a Security Deposit in the sum of $34,260.00, in the form of cash or an irrevocable letter of credit at Lessee's election, to Lessor simultaneously with the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for secure the full and faithful performance by Lessee of each and every term, covenant covenant, and condition of this Lease AgreementLease. Upon an Event of Default by If Lessee shall at any time fail to make any payment or fail to keep or perform any term, covenant, or condition on its part to be made or performed or kept under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease AgreementLease, Lessor may may, but shall not be obligated to and without waiving or releasing Lessee from any obligation under this Lease, use, apply, or retain the whole or any part of the said Security Deposit so deposited for (a) to the payment extent of any sum due to Lessor; or (b) to compensate Lessor for any loss, damage, attorneys' fees or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention expense sustained by Lessor due to Lessee's default. In such event, Lessee shall, within five (5) days of the whole or any part of written demand by Lessor, remit to Lessor sufficient funds to restore the Security Deposit to its original sum. No interest shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have accrue on the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseSecurity Deposit. In the event that Should Lessee shall comply with all of the terms, covenants covenants, and conditions of this Lease Agreementand, at the end of the term of this Lease, leave the Premises in the condition required by this Lease, then said Security Deposit or any balance thereof, less any sums owing to Lessor, shall be returned to Lessee within fifteen (15) days after the termination of this Lease and vacancy of the Premises by Lessee. Notwithstanding the foregoing, within thirty (30) days after the termination of this Lease, Lessor shall return to Lessee the entire Security Deposit except for amounts that Lessor has vacated deducted therefrom that are needed by Lessor to cure defaults of Lessee under this Lease or compensate Lessor for damages for which Lessee is liable pursuant to this Lease. If, at the time of any reduction, the Security Deposit is in the form of (a) cash, Lessor shall promptly refund to Lessee the appropriate amount, and surrendered (b) the Leased Premises in accordance letter of credit, Lessor shall consent and otherwise cooperate with the terms hereofissuing bank to reduce the amount of such letter of credit. If the Security Deposit is in the form of a letter of credit, Lessor shall only draw so long much of the letter of credit as no Event is permitted under this section. Lessor can maintain the Security Deposit separate and apart from Lessor's general funds, or can co-mingle the Security Deposit with the Lessor's general and other funds. Lessor shall require from Lessee Additional Security Deposit of Default $171,300.00 in the form of cash or an irrevocable letter of credit (at Lessee's option) which can be drawn on by Lessee shall then be existing under the terms Lessor upon any default of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. by Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater damages incurred by Lessor as a result of such default. The Additional Security Deposit shall be released provided that Lessee is not in default when the following conditions (ipursuant to GAAP) three (3) times the aforesaid amount or (ii) three (3) months rent.have been met by Lessee:
a. There have been four consecutive quarters of profitability b. Shareholders Equity is positive
Appears in 1 contract
Security Deposit. Lessee shall pay to Lessor simultaneously Lessee, contemporaneously with the execution of this Lease Agreement a Lease, has deposited with Lessor the sum zero and 00/100 Dollars (of $0,000.00) (the “Security Deposit”) 333,333.00 to be held by Lessor as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreementby Lessee to be kept and performed during the term hereof. The security deposit may be commingled by Lessor with other funds of the Lessor and shall bear no interest. If, at any time during the Security Deposit term of this Lease, any of the rent herein reserved shall be returned to Lessee within thirty (30) days after Lessee has vacated overdue and surrendered the Leased Premises in accordance with the terms hereofunpaid beyond applicable cure periods, so long as no Event of Default or any other sum payable by Lessee to Lessor hereunder shall be overdue and unpaid beyond applicable cure periods, then Lessor may, at the option of Lessor (but Lessor shall not be existing under required to) appropriate and apply any portion of said deposit to the terms payment of this Lease Agreementany such overdue rent or other sum. In the event of a sale the failure of Lessee to keep and perform any of the Building terms, covenants and conditions of this Lease to be kept and performed by Lessee beyond applicable cure periods, then at the option of Lessor said Lessor may appropriate and apply said entire deposit, or so much thereof as may be necessary, to compensate Lessor for all loss or damage sustained or suffered by Lessor due to such breach on the Projectpart of Lessee. Should the entire deposit, or any portion thereof, be appropriated and applied by Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return payment of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent overdue rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been curedand payable to Lessor by Lessee hereunder, then the Security Deposit Lessee shall, upon the written demand of Lessee’s, forthwith remit to Lessor a sufficient amount in cash to restore said security to the amount held by Lessor prior to such appropriation and application and Lessee’s failure to do so within ten (10) days after receipt of such demand shall constitute a default hereunder entitling Lessor to immediately invoke the remedies set forth in paragraph 35, including the termination of this Lease. Should Lessee comply with all of said terms, covenants and conditions and promptly pay all of the rentals herein provided for as the same fall due, and all other sums payable by LessorLessee to Lessor hereunder, the said deposit shall be increased returned in full to an amount equal Lessee after Lessee shall have vacated the Premises at the end of the term of this Lease or upon the earlier termination of this Lease. In the event any bankruptcy, insolvency, reorganization or other creditor-debtor proceedings shall be instituted by or against Lessee, the security deposit shall be deemed to be applied first to payment of any rents and/or other charges due Lessor for all periods prior to the greater institution of (i) three (3) times such proceedings, and the aforesaid amount or (ii) three (3) months rentbalance, if any, of the security deposit may be retained by Lessor in partial liquidation of Lessor’s damages. Lessor may transfer and/or deliver the security, as such, to any purchaser of Lessor’s interest in the Premises and thereupon Lessor shall be discharged from any further liability in reference thereto.
Appears in 1 contract
Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with on the execution signing of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (Lease, the “Security Deposit”) Deposit as security defined in the Preamble for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee Lessee's obligations under this Lease AgreementLease, or if Lessee fails to perform any including without limitation, the surrender of possession of the terms, provisions and conditions of this Lease Agreement, Premises to Lessor may use, apply, or retain the whole or as herein provided. If Lessor applies any part of the said Security Deposit to cure any default of Lessee, Lessee shall, on demand, deposit with Lessor the amount so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, applied so that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and full Security Deposit on hand at all other remedies available to it under times during the terms Term of this Lease Agreement or otherwiseLease. In the event that Lessee shall comply with all of the termsa bona fide sale, covenants and conditions of subject to this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the ProjectLease, Lessor shall have the right to transfer the Security Deposit to the purchaservendee, and if duly and fully transferred, Lessor shall thereupon be considered released by Lessee from all liability for the return of such the Security Deposit. ; and Lessee shall agrees to look solely to the new landlord lessor for the return of such the Security Deposit, and it is agreed that this shall apply to every transfer or assignment made of the Security Deposit to the new lessor. If Provided this Lease is not in default, the Security Deposit (less any portions thereof used, applied or retained by Lessor in accordance with the provisions of this Article 16), shall be returned to Lessee after the expiration or sooner termination of this Lease and after delivery of the entire Premises to Lessor in accordance with the provisions of this Lease. Lessee covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and Lessor shall fail not be bound by any such assignment, encumbrance or attempt thereof. In the event of the insolvency of Lessee, and such is not dismissed within sixty (60) days thereof, or in the event a petition is filed by or against Lessee under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, then in such event, Lessor may require the Lessee to pay Rent or other sums when due deposit additional security in an amount which in Lessor's sole judgement would be sufficient to adequately assure Lessee's performance of all of its obligations under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective including all payments subsequently accruing. Failure of whether or not such delinquencies have been cured, then Lessee to deposit the Security Deposit shall, security required by this Article 16 within ten (10) days after Lessor's written demand shall constitute a material breach of this Lease by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLessee.
Appears in 1 contract
Sources: Lease Agreement (American Business Financial Services Inc /De/)
Security Deposit. Lessee A security deposit shall pay to be held by the Lessor simultaneously with the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by the Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions conditions and conditions covenants of this Lease AgreementLease. Said deposit to earn passbook savings while in Lessor's possession, Lessor may useprovided, apply, or retain the whole that all or any part portion of that deposit is not used to pay bad or delinquent debts thereby negating any cumulative interest earned. The initial security deposit shall be $ N/A. The amount of security may be increased at any time by the Lessor, in its sole discretion, to any amount equal to at least two (2) month's rent, and gasoline receipts for a 7-day period (one week). The Lessor may, but is not required to, appropriate and apply all or any portion or the security deposit for any or all of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform following items including, but not limited to, any damages or deficiency in the reletting :
(a) The payment of the Leased Premises, provided, however, overdue rent or other sums constituting rent hereunder. IT IS UNDERSTOOD AND AGREED THAT THE SECURITY DEPOSIT IS NOT TO BE CONSTRUED AS THE LAST PAYMENT OF RENT UNDER THIS LEASE.
(b) Amounts necessary to effect repairs or maintenance that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed Lessee has failed to be an election of remedies by Lessor or viewed make as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right required pursuant to pursue any and all other remedies available to it under the terms of this Lease.
(c) Amounts reasonably necessary to put the premises in a clean condition, if the Lessee during the term of this Lease Agreement or otherwise. In on the event that termination thereof does not leave the leased premises in a reasonably clean condition.
(d) Any amount necessary to insure the full and faithful performance by the Lessee shall comply with all of the terms, conditions, and covenants of this Lease.
(e) Any amount owed by Lessee to Lessor on any obligation whatsoever of Lessee to Lessor. The Lessor is not restricted to the security deposit as its damages in the event the Lessee defaults or fails to perform the terms, conditions, and conditions covenants of this Lease. If, during the term of this Lease Agreementthe Lessor applies any portion of the security deposit for any of the items mentioned heretofore or hereafter, the Security Deposit Lessee shall immediately restore the security deposit to its original amount by paying said amount to the Lessor. Lessor shall return to Lessee at the expiration of the term of this Lease, any refund due Lessee of Lessee's security deposit, in accordance with the following schedule: 25% of the security deposit owed will be returned to Lessee within thirty (30) days after of expiration if Lessee bas paid all obligations owed to Lessor: the remaining 75% of the security deposit owed will be returned within 120 days of expiration if Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereofpaid all obligations owed to Lessor. Lessor may, so long at its option, refund Lessee's security balance more quickly if Lessor deems itself adequately protected as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit Lessee's contingent obligations to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentincluding unpaid utility bills.
Appears in 1 contract
Security Deposit. (a) Before the Delivery Date, Lessee shall pay to Lessor simultaneously with the aggregate amount of the Security Deposit (the "Cash Deposit") in immediately available funds, as follows:
(i) Lessor hereby acknowledges receipt of the Initial Deposit; (ii) the Additional Deposit is payable by Lessee upon its execution of this Lease Lease; and (iii) the Final Deposit is payable by Lessee not later than two (2) Business Days prior to the Delivery Date. The Cash Deposit shall be nonrefundable unless (x) the Aircraft suffers a total loss prior to the Delivery Date or (y) the Aircraft suffers material deterioration to the agreed delivery condition thereof as set forth in Letter Agreement No. 1 prior to the Delivery Date and Lessor does not undertake to correct or cause the correction of such material deterioration within 30 days after the projected delivery date of February 18, 2000. Notwithstanding the foregoing and subject to the delivery of the sixth Boeing 737-200 Advanced aircraft to Lessee from Lessor as contemplated by the LOI, and so long as no Default or Event of Default has occurred and is continuing hereunder, Lessee may substitute an irrevocable freely transferable letter of credit in the amount of the Final Deposit, in form and substance and from a sum zero and 00/100 Dollars U.S. bank reasonably acceptable to Lessor for the equivalent amount of the Cash Deposit ($0,000.00"Letter of Credit") (which Letter of Credit together with the “balance of the Cash Deposit shall comprise the Security Deposit”. Within five (5) Business Days of Lessor's receipt of the Letter of Credit, Lessor shall promptly return the amount of the Final Deposit to Lessee.
(b) The Security Deposit shall be held by Lessor as security for the full timely payment by Lessee of all amounts payable by it hereunder, under each other Operative Agreement and faithful any other aircraft lease agreement between Lessor or any of its Affiliates and Lessee or any of its Affiliates ("Other Lease Agreement"), so long as Lessor and/or any of its Affiliates has an interest hereunder and under any such Other Lease Agreement, and the due and punctual performance by Lessee of each all of its obligations hereunder and every termthereunder, covenant and condition Lessee hereby assigns, transfers and pledges to Lessor, and hereby grants to Lessor a first-priority security interest in, the Security Deposit to secure such payment and such performance. Lessee shall not assign, transfer, pledge or otherwise dispose of this Lease Agreementany of its rights or interests in the Security Deposit except as provided in the preceding sentence.
(c) The Security Deposit may be assigned, pledged, or charged by Lessor to or in favor of any Permitted Transferee. Interest shall accrue on the Cash Deposit at the simple interest rate (i.e., no compounding) of three percent (3%) per annum, and such interest shall be retained in the Cash Deposit. Upon Lessee's request, Lessor shall provide to Lessee on or before January 31 of each year during the Term (or within 30 days of such request in the event that Lessee makes such request after January 1 of any year during the Term).
(d) If an Event of Default by Lessee occurs, in addition to all other rights Lessor shall have as a secured party under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreementapplicable law, Lessor may use, apply, or retain apply the whole Security Deposit as provided in Section 13.15 hereof. If Lessor applies all or any part portion of such Security Deposit, such application shall not be deemed a cure of any such Event of Default, unless Lessee shall within three (3) Business Days after written demand therefor by Lessor cause the Cash Deposit to be restored to its original amount of $220,000 or the amount of the Final Deposit if a Letter of Credit has been furnished by Lessee and either (i) cause the credit available under the Letter of Credit comprising a portion of the Security Deposit to be restored to its original level or (ii) cause a new Letter of Credit to be issued by a bank reasonably acceptable to the Lessor in the original amount. The failure of Lessee to do so deposited for the payment of any sum due Lessor or which Lessor may expend or shall be required to expend by reason of the Lessee’s an Event of Default under this Lease. The Cash Deposit may be commingled with other amounts of Lessor (or failure to perform including, but not limited to, any damages or deficiency in the reletting its designee). The Letter of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Credit and Cash Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, (including accrued interest) comprising the Security Deposit shall be released or returned to Lessee by Lessor, within thirty five (305) days after Lessee has vacated and surrendered Business Days of the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms expiration or earlier termination of this Lease Agreement. In the event and performance by Lessee of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaserall its obligations hereunder, and Lessor the Letter of Credit shall thereupon be released from all liability for expire no earlier than 30 days after the return of such Security Deposit. Lessee shall look solely the Aircraft to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.
Appears in 1 contract
Sources: Aircraft Lease Agreement (Vanguard Airlines Inc \De\)
Security Deposit. Lessee 4.1 The amount of Lessee’s Security Deposit shall pay be «security_amt» ($«deposit»). Said Security Deposit shall be held by ▇▇▇▇▇ School District No. 32J in an interest bearing trust account, with interest accruing to Lessor simultaneously with the ▇▇▇▇▇ School District No. 32J. Said Security Deposit shall be paid upon execution of this Lease Agreement; except that a Lessee who enters into this Lease Agreement during his or her first year of employment by Lessor may pay the Security Deposit over a sum zero and 00/100 Dollars period of three ($0,000.003) (consecutive months on the “first day of each month, beginning with the month this Lease Agreement commences as specified in Section 2 above. If employment of the first year employee is terminated prior to payment of the full Security Deposit”) , the difference shall be deducted from the employee’s final paycheck.
4.2 In the event Lessee fails to make any rent payment when due and/or fails to make any payment of late fees when due, Lessor may use such portion of the Security Deposit as security is necessary to pay the rent payment and/or late fees that are due upon written notice of same to Lessee. Lessee shall then, upon such notice, be obligated to reimburse the Security Deposit for the full such payments and faithful performance by Lessee of each and every term, covenant and condition ▇▇▇▇▇▇’s failure to do so shall constitute a breach of this Lease Agreement. Upon an Event of Default In addition to the foregoing, the Security Deposit may be used if necessary to cover any other unfulfilled obligations by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, including but not limited toto the cost of repairing the Premises and/or repairing or replacing damaged fixtures and appliances. The Security Deposit shall in no way be construed as a provision for liquidated damages, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or and retention by Lessor of the whole all or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the affect Lessor’s right to pursue any and all other remedies available to it under the terms full performance of this Lease Agreement ▇▇▇▇▇▇’s obligations herein contained or otherwise. In damages for ▇▇▇▇▇▇’s non-performance of said obligations.
4.3 Within sixty (60) days following the event that Lessee shall comply with all of the terms, covenants and conditions termination of this Lease Agreement, Lessor shall provide Lessee with a written statement setting forth the reason(s) for retention of all or any part of the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance Deposit, together with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale payment of the Building or difference, if any, between the Project, Lessor shall have amount retained and the right to transfer amount of the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. The reasons for retention and payment aforesaid shall be deemed given upon hand-delivery to Lessee shall look solely or deposit in the mail, regular postage prepaid, addressed to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due as provided under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentSection 13 below.
Appears in 1 contract
Sources: Housing Lease Agreement
Security Deposit. The aggregate rent for any Equipment during the Original Term is the amount specified therefor in each Schedule and/or Master Lease Letter Agreement and is payable by Lessee shall pay to Lessor simultaneously with in the execution number and amount of this Lease Agreement a sum zero payments specified therein. Notwithstanding the time of delivery or acceptance of the Equipment by Lessee, the first payment of rent therefor will be due and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance payable by Lessee to Lessor as indicated in the "Commencement Date" field on the Schedule and/or Master Lease Letter Agreement; all subsequent payments of rent during the Original Term will be due and payable by Lessee to Lessor in such monthly payments due on the same day of each month thereafter (or other calendar period indicated) in each Schedule and/or Master Lease Letter Agreement, until the aggregate rent due thereunder is paid in full, (b) Upon receipt of written notice from Lessor, Lessee agrees to make all rental payments (both original and every termrenewal) in cash or by certified or cashiers' check. All rental payments (both original and renewal) shall be made by Lessee to Lessor at the office of Lessor at Flying Hills Corporate Center, covenant ▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇.▇. ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇, or at such other place or places as Lessor may designate in writing to Lessee, (c) Lessee will, concurrently with its execution and condition delivery of this each Schedule and/or Master Lease Letter Agreement, if required by Lessor, deposit with Lessor, as a security deposit, the amount specified therefor on the Schedule and/or Master Lease Letter Agreement. Upon an To secure the payment of "Lessee's Obligations" (hereinafter defined), Lessee hereby grants Lessor a security interest in said security deposit, and at the end of the Original Term, if any, provided there is then no existing Event of Default by and Lessee under this Lease Agreement, or if Lessee fails to perform any has performed all of the terms, provisions terms and conditions of this Lease Agreementand the Schedule and/or Master Lease Letter Agreement to be performed by Lessee. Lessor shall return the security deposit to Lessee, Lessor may use(d) Subject to paragraph 27 hereof, apply, or retain the whole or any part of the Security Deposit so deposited Lessee's obligation to pay rent is for the payment full Original Term, is unconditional and is payable without notice or demand and without any abatement, deduction or set-off of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Depositnature. Lessee shall look solely have no right to the new landlord for the return of any interest from any security deposit, and waives any claim to any such Security Deposit. If Lessee shall fail to pay Rent interest or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not profits from such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentsecurity deposit.
Appears in 1 contract
Sources: Master Lease Agreement (Regeneration Technologies Inc)
Security Deposit. On the date this Lease is signed by Lessor and Lessee, Lessee shall pay to provide Lessor simultaneously with the execution cash or Letter of Credit Security Deposit specified in paragraph 3 of Schedule "1" hereto to be held by Lessor as security for performance of all Lessee's obligations hereunder and under the Companion Lease. Lessee agrees to maintain the Security Deposit with Lessor for the original amount thereof until all Lessee's obligations hereunder shall have been fully performed. Lessor may commingle the cash Security Deposit with its general funds. In the event Lessee fails to take delivery of the Aircraft as provided herein or if any other Event of Default occurs and is continuing or shall result in the termination or cancellation of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (by Lessor, in addition to any other rights or remedies Lessor may have hereunder or under the “Security Deposit”) as security Companion Lease, Lessor shall be entitled, at its option, to draw on the Letter of Credit, if any, for the full amount thereof or for any portion thereof as Lessor shall elect, and faithful apply all or any proceeds thereof, or, as the case may be, all or any portion of the cash Security Deposit towards any or all amounts due under this Lease or the Companion Lease, whether such amounts due constitute Basic Rent payments hereunder or thereunder, damages for breach of this Lease or the Companion Lease, or other Rent payments hereunder or thereunder. If at the time the Letter of Credit, if any, is drawn upon Lessor shall not have finally determined the full amount to become payable hereunder and under the Companion Lease (including without limitation, the extent of its damages hereunder or the damages under the Companion Lease), Lessor shall be entitled to retain the unapplied portion of the cash Security Deposit or the unapplied proceeds of the Letter of Credit, as the case may be, until such time as such final determination has been made and full and, final payment thereof has been received (and Lessor agrees to use reasonable efforts to make prompt determination of the full amount payable hereunder and under the Companion Lease). Upon full performance by Lessee of each all its obligations hereunder, and every term, covenant and condition of this Lease Agreement. Upon an provided no Event or Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions shall have occurred and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retentioncontinuing, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer promptly return the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLessee.
Appears in 1 contract
Sources: Lease Agreement (Turn Works Acquisition Iii Sub a Inc)
Security Deposit. a. Lessee shall pay has deposited with Lessor $5623; $3300 already on hand; $2323 due on February 1, 1999 or the equivalent of one month's rent, in good or certified funds with a domestic bank, as a non-interest bearing security deposit. Lessor may use the security deposit to Lessor simultaneously with the execution cure any default of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of restore the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue Premises including any and all furniture, fixtures and equipment provided by Lessor and vendors at the Premises to their original condition and configuration, reasonable wear and tear excepted, to pay for repairs to any damage to the Premises, Executive Suite or Building, caused by Lessee or Lessee's guests, to pay any rent or other remedies available charges which Lessee owes Lessor at or prior to it under the terms expiration of this Lease Agreement Agreement, and to reimburse Lessor for costs or otherwiseexpenses arising from any other obligation of Lessee which Lessee has failed to perform. In the event that Lessee shall comply with all If Lessor transfers control or ownership of the termsPremises and Lessor transfers the security deposit to such purchaser, covenants and conditions of this Lease Agreement, Lessee will look solely to the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered new Lessor for the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale return of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchasersecurity deposit, and the Lessor named in this Agreement shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for security deposit.
b. The security deposit (less any sums used by Lessor in accordance with the return terms and conditions of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three Agreement) will be returned within sixty (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (1060) days after demand the termination of any services rendered or expiration of the term hereof. The security deposit shall not under any circumstance be applied in lieu of be the final payment(s) of Fixed Monthly Rental charges or service charges under this Agreement.
c. In the event that, by reason of the Lessee's default in its obligations pursuant to this Agreement or otherwise, including but not limited to the payment of the Fixed Monthly Rental Charge, any amounts due by reason of the Lessee's use of additional services hereto and/or by reason of the Lessee's use of telephone services as supplied pursuant to this Agreement, Lessor shall be entitled to apply any of the security deposited pursuant to this Agreement to any outstanding sums due or owing to the Lessor, and Lessor shall have the right to charge the Lessee, as additional rent, such sums as are necessary to replenish any and all amounts applied so as to cause the security to be increased returned to an amount equal its entire amount. The failure to pay such amounts as are necessary to replenish the greater security shall be considered a breach of (i) three (3) times this Agreement and shall entitle the aforesaid amount Lessor to exercise any of its rights pursuant to this Agreement or (ii) three (3) months rentotherwise.
Appears in 1 contract
Security Deposit. Lessee shall pay to Lessor simultaneously (a) Concurrently with the execution of this Lease Agreement a Lease, LESSEE shall deposit with LESSOR the sum zero and 00/100 Dollars (of $0,000.00) (5,306.00, the “Security Deposit”) same to be held by LESSOR as security for the full and faithful performance by Lessee LESSEE of each the terms and every termconditions by it to be observed and performed hereunder. If any Basic Rent, covenant Additional Rent or other sum payable by LESSEE to LESSOR becomes overdue and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreementremains unpaid, or if Lessee fails should LESSOR make any payments on behalf of LESSEE, or should LESSEE fail to perform any of the terms, provisions terms and conditions of this Lease AgreementLease, Lessor then LESSOR, at its option, and without prejudice to any other remedy which LESSOR may usehave on account thereof, applyshall appropriate and apply said deposit, or retain so much thereof as may be required to compensate or reimburse LESSOR, as the whole or any part of the Security Deposit so deposited for case may be, toward the payment of any Basic Rent, Additional Rent or other such sum payable hereunder, or loss or damage sustained by LESSOR due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default breach or failure to perform including, but not limited to, any damages or deficiency in on the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of LESSEE, and upon demand, LESSEE shall restore such security to the Security Deposit original sum deposited.
(b) LESSEE hereby agrees that the security deposit shall not equal $5,306.67 one (1) month's Basic Rent at all times during the Term, and LESSEE agrees to deposit with LESSOR such additional sum as may be or be deemed required to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding satisfy such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee requirement within thirty (30) days after Lessee has vacated and surrendered any increase in the Leased Premises in accordance with Basic Rent.
27.2. Conditioned upon the terms hereof, so long as no Event full compliance by LESSEE of Default by Lessee shall then be existing under all of the terms of this Lease AgreementLease, and the prompt payment of all sums due hereunder, as and when they fall due, said deposit shall be returned in full to LESSEE within fifteen (15) days after the end of the Term.
27.3. In the event of a sale bankruptcy or other debtor-creditor proceeding against LESSEE, such security deposit shall be deemed to be applied first to the payment of rent and other charges due LESSOR for all periods prior to filing of such proceedings.
27.4. In the Building event of any transfer of title to the Premises, or the Projectany assignment of LESSOR'S interest under this Lease, Lessor LESSOR shall have the right to transfer the Security Deposit security deposit to said transferee or assignee and, provided that the purchasertransferee or assignee assumes in writing the obligations of LESSOR under this Lease, and Lessor LESSOR shall thereupon be released by LESSEE from all liability for the return of such Security Depositsecurity deposit. Lessee shall In such event, LESSEE agrees to look solely to the new landlord lessor for the return of such Security Depositthe security deposit. If Lessee It is hereby agreed that the provisions of this Section shall fail apply to pay Rent every transfer or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective assignment made of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased security deposit to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months renta new lessor.
Appears in 1 contract
Security Deposit. Lessee Tenant shall pay deposit with Landlord a sum equal to Lessor simultaneously with three (3) months' Base Rent through a certified or official bank check drawn to the execution order of the New York City Comptroller for the faithful performance and observance by Tenant of the terms, provisions and conditions of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (Lease; thereafter, as the “Security Deposit”) as security for Base Rent increases during the full and faithful performance by Lessee of each and every term, covenant and condition Term of this Lease AgreementLease, Tenant shall deposit such additional amounts as may be required in order to maintain a security deposit equal to the then current three (3) months' rent. Upon an Event It is agreed that in the event Tenant defaults in respect of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease AgreementLease, Lessor including, but not limited to, the payment of Base Rent and Additional Rent, Landlord may use, apply, apply or retain the whole or any part of the Security Deposit security so deposited to the extent required for the payment of any Base Rent or Additional Rent or any other sum due Lessor as to which Tenant is in default or for any sum which Lessor Landlord may expend or may be required to expend expend, including attorneys' fees, by reason of Tenant's default in respect of any of the Lessee’s Event terms, covenants and conditions of Default or failure to perform this Lease, including, but not limited to, any damages or deficiency in the reletting re-letting of the Leased Premises, provided, however, that any whether such use, application damages or retention deficiency accrued before or after summary proceedings or other re-entry by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseLandlord. In the event that Lessee Tenant shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease AgreementLease, the Security Deposit security shall be returned to Lessee within thirty (30) days Tenant, without interest, after Lessee has vacated the date fixed as the end of the Lease and surrendered after delivery of entire possession of the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreementto Landlord. In the event of a sale of the Land and Building or leasing of the ProjectBuilding or any portion thereof, Lessor Landlord shall have the right to transfer the Security Deposit security to the purchaser, vendee and Lessor Landlord shall thereupon be released by Tenant from all liability for the return of such Security Deposit. Lessee shall security; and ▇▇▇▇▇▇ agrees to look solely to the new landlord solely for the return of said security; and it is agreed that the provisions hereof shall apply to every transfer or assignment made of the security to a new landlord. Tenant further covenants that it will not assign or encumber or attempt to assign or encumber the money deposited herein as security and that neither Landlord nor its successors or assigns shall be bound by any such Security Deposit. If Lessee shall fail to pay Rent assignment, encumbrance, attempted assignment or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentattempted encumbrance.
Appears in 1 contract
Sources: Lease Agreement
Security Deposit. The Lessee shall pay to Lessor simultaneously hereby deposits the sum of Two Thousand Nine Hundred Eighty-Seven Dollars and Twenty-Nine Cents ($2,987.29) with the execution Lessor, the receipt of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) which is hereby acknowledged, as security for the full and faithful performance by the Lessee of each and every term, covenant and condition of this Lease AgreementLease. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any shall maintain the full amount of the security deposit throughout the term of this Lease. In the event that the Lessee defaults with respect to any terms, provisions provisions, covenants and conditions of this Lease AgreementLease, including but not limited to payment of any rentals, the Lessor may use, apply, apply or retain the whole or any part of the Security Deposit security so deposited for the payment of any sum due Lessor such rentals in default or for any such sums which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including's default, but not limited to, including any damages or deficiency in the reletting of the Leased Demised Premises, provided, however, that any whether such use, application damages or retention deficiency may accrue before or after summary proceedings or other reentry by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseLessor. In the event that the Lessee shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease AgreementLease, the Security Deposit shall security or the balance thereof will be returned to the Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with time fixed as the terms hereof, so long as no Event of Default by expiration thereof. The Lessee shall then not be existing under entitled to any interest on the terms security. In the absence of evidence satisfactory to the Lessor of any assignment of the right to receive this security, or the remaining balance thereof, the Lessor may return the security to the original Lessee, regardless of one or more assignments of the Lease Agreementitself. Prior to the time when the Lessee shall be entitled to return of the security deposit, the Lessor shall be entitled to intermingle such deposit with its own funds and to use such funds for purposes as the Lessor may determine. In the event of a sale of bona fide sale, subject to this Lease, the Building or the Project, Lessor shall have the right to transfer the Security Deposit security deposit to the purchaservendee for the benefit of the Lessee, and the Lessor shall thereupon be considered released by the Lessee from all liability for the return of such Security Deposit. sum, and the Lessee shall agrees to look solely to the new landlord solely for the return of such Security Deposit. If Lessee shall fail the security, and it is agreed that this apply to pay Rent every transfer or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective assignment made of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased security to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months renta new landlord.
Appears in 1 contract
Sources: Lease (Skillsoft Public Limited Co)
Security Deposit. Lessee shall pay to Lessor simultaneously with Upon the execution of this Lease Agreement the Lease, TENANT shall provide a sum zero Security Deposit and 00/100 First Month’s Rent with LANDLORD as follows:
(a) Security Deposit of Five Thousand Dollars ($0,000.005,000.00) (upon the “Security Deposit”) as execution of the Lease a security for the full and faithful payment or performance by Lessee TENANT of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee its obligations under this Lease Agreementand not as a prepayment of Rent. LANDLORD may commingle the Security Deposit with other funds of LANDLORD but shall not be liable to TENANT for the payment of interest thereon or profits thereby. LANDLORD may expend such amounts from the Security Deposit (and such accrued interest) as may be necessary to cure any Default including, or if Lessee fails without limitation, a failure to perform pay utility charges and, in such case, TENANT shall pay to LANDLORD the amount so expended, on demand. LANDLORD may assign the Security Deposit to any subsequent owner of the termsPremises and thereafter LANDLORD shall have no further liability to TENANT with respect thereto. After the termination of the lease and within 30 days, provisions LANDLORD shall (i) inspect the Premises, (ii) make such payments from the Security Deposit as may be required to cure any outstanding defaults hereunder and conditions (iii) if there is then no default (or not event with the passage of this Lease Agreementtime in the giving of notice would constitute a default) is then continuing, Lessor may use, apply, or retain pay the whole or any part balance of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. TENANT forthwith.
(b) In the event that Lessee shall comply with all of TENANT fails to occupy the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee Leased Premises within thirty (30) days after Lessee of the Term Commencement Date provided LANDLORD has vacated and surrendered delivered the Leased Premises in accordance to TENANT with the terms hereofall TENANT Improvements substantially completed, so long as no Event of Default by Lessee TENANT shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer forfeit the Security Deposit to as described in (a) above. Nothing contained herein shall limit any other remedies of the purchaser, and Lessor shall thereupon be released from all liability LANDLORD for the return breach of such Security Deposit. Lessee the Lease by TENANT.
(c) Upon the occupancy of the Leased Premises by the TENANT at the conclusion of the Tenant Improvement Period, the LANDLORD shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to retain an amount equal to the greater intial monthly rent, …………… for the Security Deposit and the balance, in the amount of (i) three (3) times …………….. shall be applied against the aforesaid amount or (ii) three (3) months first month’s rent.
Appears in 1 contract
Sources: Lease Agreement
Security Deposit. Lessee shall pay a security deposit to Lessor simultaneously in the sum of «Monthly_Rent» due and payable concurrent with the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as Agreement. The security for the full and faithful deposit is set aside to secure Lessee’s performance by Lessee of each and every term, covenant and condition of this agreement to be performed by Lessee(s) under the Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreementshall be held fully responsible for any and all damages done to the demised premises, fixtures, furnishings, equipment, or if Lessee fails other property belonging to perform any of the termsLessor, provisions except for normal wear and conditions of this Lease Agreement, Lessor may use, applytear, or retain the whole or to any part of Lessor’s property caused at any time by misuse, carelessness or negligence on the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason part of the Lessee, the other Lessees or any member of any Lessee’s Event family or any invitees of Default or failure to perform includingany Lessee. Such liability shall be joint and several. Said security shall be placed and held, but not limited to, any damages or deficiency in for the reletting duration of the Leased Premisesterm of this Lease, providedin an account at an FDIC insured banking institution in Champaign County, howeverIllinois. Said account may, that any such useat Lessor’s option, application or retention unless otherwise required by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to law, be an election of remedies interest bearing account. Where required by Lessor law or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retentionlocal ordinance, Lessor shall have pay to Lessee interest on Lessee’s security deposit funds as prescribed and in the right manner mandated by said law or local ordinance. After termination of the lease term or any renewal thereof and upon inspection of vacated premises, should Lessor find no damages beyond normal wear and tear, and Lessee(s) is not in default, then the deposit shall be returned to pursue any Lessees with the issuance of a single check drafted and all mailed to: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ Security Deposit Recipient _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ Recipient’s Permanent Address (United States Address Only) The Security deposit recipient hereby assumes the responsibility of distributing the deposit to the other remedies available to it under the terms of this Lease Agreement or otherwisenamed Lessees as appropriate. In the event Lessor shall find damages beyond normal wear and tear, the cost of the repair or replacement shall be that of Lessee and the deposit herein shall comply apply towards the cost of such repair or replacement, but in no case shall the amount of the deposit herein restrict the right of Lessor to proceed for additional damages. Any and all notices, estimates, invoices and bills concerning the application of any of the security deposit to the payment of damages, whether required by State law or local ordinance may be mailed by Lessor only to said Security Deposit Recipeient who is hereby appointed by each of the undersigned as the agent for all Lessees for all such purposes. All security deposit return inquires or disputes must be submitted in writing to the leasing office at ▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. The refund of the deposit is subject to the following: The full term of the Lease and/or any extension thereof shall have expired. There is no damage to Leased Premises or to Lessor’s property except normal wear and tear. The entire Apartment, including range, refrigerator, kitchen, bath, closets, all drawers, etc. shall be clean. No tape or adhesive fastener marks are left on the painted walls. There are no unpaid late charges, maintenance charges, or delinquent rent. All issued keys and security entry devices have been returned. All debris, rubbish and discards have been removed from the Leased Premises. All personal belongings and furnishings have been removed from the Leased Premises. Correct forwarding address has been left with the Agent. There has been full compliance by Lessee with all of the lease terms, covenants covenants, and conditions Apartment rules. Lessee will be invoiced for the actual cost of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated furniture and surrendered carpet cleaning of all carpets in the Leased Premises by an independent professional upon the expiration of this lease, or any extension thereof. Lessee acknowledges that with respect to cleaning and maintenance charges Lessor maintains a schedule of flat rate charges for the most common and recurring cleaning and maintenance tasks. Lessee further acknowledges that this schedule is available for inspection at Agent’s offices duri ng regular business hours. Lessee understands and agrees to pay cleaning and maintenance charges to Lessor in accordance with this schedule. Lessee further agrees that any work not specifically provided for on the terms hereof, so long as no Event of Default schedule will be billed to and paid by Lessee shall then at the rate of $35.00 per man hour or if the work is performed by independent contractors, Lessee will be existing under billed at the terms of cost to Lessor. Any notice required from Lessor to Lessee in connection with this Lease Agreementshall be emailed to the address provided to the Lessor on the Tenant Data Form. In Any notices sent from Lessor by email shall be considered valid and effective upon transmission to the event of a sale last such email address provided by Lessee. Lessee is responsible to provide Lessor with his/her current email address during the term of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLease.
Appears in 1 contract
Sources: Apartment Lease
Security Deposit. Lessee shall pay to Lessor simultaneously with 4.1 Landlord acknowledges that Landlord has received from Tenant the execution sum of this Lease Agreement a sum zero and 00/100 $ 7,527 Dollars ($0,000.00) (the “Security Deposit”) as security for the full payment of rents and faithful the performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any observance of the terms, provisions agreements and conditions of this Lease Agreement, Lessor may use, apply, or retain hereof on the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed Tenant to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood performed and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreementobserved. In the event of a sale any default or defaults in such payment, performance or observance Landlord may apply said sum or any part thereof towards the curing of any such default or defaults and/or towards compensating Landlord for any loss arising from any such default or defaults. Upon the yielding up of the Building Premises at the expiration or other termination of the term of this Lease, if Tenant shall not then be in default or otherwise liable to Landlord, said sum or the Project, Lessor unapplied balance thereof shall be returned to Tenant within Thirty (30) Days of the such termination. It is understood and agreed that Landlord shall always have the right to apply said sum, or any part thereof, as aforesaid, in the event of any such default or defaults, without prejudice to any other remedy or remedies which Landlord may have, or Landlord may pursue any such remedy or remedies in lieu of applying said sum or any part thereof. No interest shall be payable on said sum or any part thereof. If Landlord shall apply said sum or any part thereof as aforesaid, Tenant shall upon demand pay to Landlord the amount so applied by Landlord, to restore the security deposit to its original amount. Whenever the holder of Landlord's interest in this lease, whether it be the Landlord named in this lease or any transferee of said Landlord, immediate or remote, shall transfer its interest in this lease, said holder shall turn over to its transferee said sum or the Security Deposit to the purchaserunapplied balance thereof, and Lessor thereafter such holder shall thereupon be released from any and all liability to Tenant with respect to said sum or its application or return; it being understood that Tenant shall thereafter look only to such transferee with respect to said sum, its application and return. The holder of any mortgage on the Entire Premises which includes the Premises shall never be responsible to Tenant for the return of said sum unless such Security Deposit. Lessee sum shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies actually have been cured, then the Security Deposit shall, within ten (10) days after demand received in hand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentsuch holder.
Appears in 1 contract
Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with the upon execution of this Lease Agreement a sum zero hereof Twenty-One Thousand Seven Hundred Seventy-Five and 00/100 no/100 Dollars ($0,000.00) (the “Security Deposit”21,775.00) as security for the full and ▇▇▇▇▇▇'s faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement▇▇▇▇▇▇'s obligations hereunder. Upon an Event of Default by Lessee under this Lease Agreement, or if If Lessee fails to perform pay rent or other charges due hereunder, or otherwise defaults with respect to any provision of the terms, provisions and conditions of this Lease AgreementLease, Lessor may use, apply, or retain the whole all or any part portion of the Security Deposit so deposited said deposit for the payment of any rent or other charge in default or for the payment of any other sum due Lessor or for which Lessor may expend or be required to expend become obligated by reason of the Lessee’s Event of Default ▇▇▇▇▇▇'s default, or failure to perform including, but not limited to, compensate Lessor for any damages lose or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application damage which Lessor may suffer thereby. If Lessor so uses or retention by Lessor of the whole applies all or any part portion of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damagessaid deposit, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after written demand therefor deposit cash with Lessor in an amount sufficient to restore said deposit to the full amount hereinabove stated, and ▇▇▇▇▇▇'s failure to do so shall be a material breach of this Lease. Lessor shall not be required to keep said deposit separate from its general accounts. If ▇▇▇▇▇▇ performs all of Lesses's obligations hereunder, said deposit, or so much thereof as has not theretofore been applied by ▇▇▇▇▇▇, shall be returned, without payment of interest or other increment for its use, to Lessee (or, at Lessor's option, to the last assignee, if any, of ▇▇▇▇▇▇'s interest hereunder) at the expiration of the Term and after ▇▇▇▇▇▇ has vacated the Premises. Any mortgagee of Lessor, purchaser of the Project, or beneficiary of a deed of trust shall be increased relieved and released from any obligation to an amount equal return said deposit in the event such mortgagee, beneficiary of deed of trust or purchaser becomes the owner of the Project by reason of foreclosure or trustee's sale (including deed in lieu thereof) or proceeding in lieu of foreclosure or trustee's sale unless said deposit shall have been actually delivered to such mortgagee, beneficiary of deed of trust or purchaser. Such release, however, shall not relieve the greater person or entity who owned the Project immediately prior to acquisition of (i) three (3) times the aforesaid amount title by such mortgagee, beneficiary of deed of trust or (ii) three (3) months rentpurchaser of any obligation he or it may have to return said deposit.
Appears in 1 contract
Sources: Standard Commercial Industrial Triple Net Lease (Titan Motorcycle Co of America Inc)
Security Deposit. Lessee shall pay In lieu of a cash Security Deposit as contemplated under this Sublease Agreement, Sublessee reserves the right to Lessor simultaneously with deliver, subsequent to the full execution of this Lease Agreement a sum zero Sublease Agreement, an unconditional, irrevocable and 00/100 Dollars transferrable letter of credit ($0,000.00) (such letter of credit or any extension or replacement thereof, being hereinafter referred to as the “Letter of Credit”) to Sublessor, in the amount equal to the Security Deposit”Deposit (as defined above) as security for the full and faithful performance and observation by Lessee Sublessee of each all covenants, agreements, warranties, conditions, terms and every term, covenant and condition provisions of this Lease AgreementSublease Agreement to be performed, fulfilled, or observed by Sublessee, and to make good to the Sublessor any damage which it may sustain by reason of any act or omission of the Sublessee. Upon an Event In particular, the Letter of Default by Lessee under Credit shall provide for the following:
a) Sublessor shall have the right, without prejudice to any other remedy, to draw upon the Letter of Credit to pay Sublessor’s damages arising from, or to cure, any default of Sublessee after the expiration of any applicable notice and cure periods as set forth in this Lease Sublease. The Letter of Credit shall be, among other things: (i) irrevocable, unconditional and transferrable; and (ii) conditioned for payment and honored solely upon presentation of the Letter of Credit and Sublessor’s written statement that it is entitled to draw thereon pursuant to the terms of the Sublease Agreement, or as a sight draft by facsimile or electronic mail presentation if Lessee presentment cannot be made to the issuing bank in New York City. The Letter of Credit shall be fully transferable by the Sublessor and its successors and assigns without charge to the Sublessor, and shall permit multiple drawings. The Letter of Credit shall be issued for the account of the Sublessor by a commercial bank or trust company reasonably satisfactory to Sublessor, having banking offices at which the Letter of Credit may be drawn upon in the City of New York, borough of Manhattan. The Letter of Credit shall expire not earlier than twelve (12) months after its date of delivery to Landlord, and shall be automatically renewable, without amendment, for successive twelve (12) month periods (the last of which shall be for such period through the date which is not earlier than sixty (60) days after the Sublease Expiration Date). The Letter of Credit shall provide that the issuing bank shall give the Sublessor at least sixty (60) days prior written notice (by means of receipted delivery) if the Letter of Credit is not being renewed. If the Sublessee fails to perform any deliver a replacement Letter of Credit to the Sublessor at least thirty (30) days prior the expiration date of the termsprior Letter of Credit, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor Sublessor shall have the right to pursue any draw the full amount of the Letter of Credit by sight draft on the issuing bank. If the Sublessor presents the Letter of Credit for payment, the amount of the Letter of Credit shall become the “Security Deposit” under this Sublease Agreement and all other remedies available to it under shall be held, applied and returned by the Sublessor in accordance with the terms provided for the holding, application and return of this Lease Agreement or otherwisethe Security Deposit as set forth in subparagraph b) below. In the event that Lessee shall comply with all Sublessee is entitled to a reduction in the amount of the termsSecurity Deposit pursuant to this Sublease Agreement (as provided in subparagraph c) below), covenants Sublessor agrees, at no cost to Sublessor, to reasonably cooperate with the Sublessee in exchanging the Letter of Credit with a replacement Letter of Credit in the reduced amount, and which otherwise complies with the requirements of this subparagraph a). Likewise, Sublessee hereby agrees to cooperate at its sole cost and expense, with Sublessor to promptly execute and deliver to Sublessor any and all modifications, amendments, and replacements of the Letter of Credit, as Sublessor may reasonably request to carry out the terms and conditions of this Lease AgreementSublease Agreement and this Paragraph.
b) If the Letter of Credit is presented for payment, any unapplied portion shall constitute the Security Deposit shall hereunder, and may be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises commingled with Sublessor’s other funds in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease AgreementSublessor’s discretion. In the event that Master Landlord exercises its right of a sale of recapture during the Building or Term, the Project, Lessor Sublessor shall have the right to pay or transfer the Security Deposit to the purchaserMaster Landlord, and Lessor in such event, the Sublessor shall thereupon be released from all responsibility and liability for in connection therewith, and the return of such Security Deposit. Lessee shall Sublessee will look solely to the new landlord Master Landlord for its return. If the return Security Deposit is deposited with a bank or trust company, savings bank or savings and loan association, the Sublessor shall advise the Sublessee the name and address thereof. The Sublessee shall not be entitled to the payment of such any interest earned on the Security Deposit. If Lessee the Sublessee shall fail at any time be in default with respect to pay any payment of Base Rent or Additional Rent or of any other sums when payment due from the Sublessee to the Sublessor under this Lease Agreement more than three (3) times in the Sublease Agreement, or if the Sublessor shall be damaged by any twelve (12) month periodact or omission of the Sublessee the Sublessor may, irrespective at its option, apply such portion of whether or not such delinquencies have been cured, then the Security Deposit shallas may be adequate to cure such default or to make good such damage, within ten (10) days after demand including, but not by Lessorway of limitation, interest, costs, fees and other expenses, paid or incurred by the Sublessor, and thereafter such portion so applied shall be increased to an amount equal free from any claim for return by the Sublessee. If the Sublessor shall re-enter, pursuant to the greater provisions of the Sublease Agreement, (iother than in an event of insolvency in which event alternative portions of the Sublease Agreement would apply) three (3and shall re-sublet the Premises for its own account, the entire Security Deposit shall immediately be and become the property of Sublessor, as fixed, liquidated and agreed damages, and not as a penalty, it being impossible in such event to ascertain the exact amount of the damage which the Sublessor may sustain in such event, but unless the Sublessor shall so re-let the Premises for its own account, the Sublessor shall continue to hold the Security Deposit as security for the performance of the Sublessee’s obligations, until the Sublease Expiration Date, and apply the Security Deposit, or portion thereof, from time to time to the unpaid obligations of the Sublessee under the same terms and conditions as if the Sublease Agreement were still in full force and effect. No termination of this Sublease Agreement or re-entry by Sublessor for default of the Sublessee shall entitle the Sublessee to the return of any portion of the Security Deposit, nor shall the retention of the Security Deposit, after such re-entry, impair or otherwise affect the Sublessee’s liability to the Sublessor during the balance of the Term. If at any time the Security Deposit shall be diminished by reason of the Sublessor having applied any part thereof in accordance with the provisions of this Paragraph, the Sublessee shall pay over to the Sublessor upon demand, the equivalent of such decrease, to be added to the Security Deposit and to be held and applied in accordance with the provisions of this Paragraph.
c) times As set forth in this Sublease Agreement, and provided that there have been no defaults or violations under the aforesaid Sublease Agreement during the first year of the Sublease Agreement, then on and after the day of the first anniversary of this Sublease Agreement, Sublessee shall be permitted to reduce the Letter of Credit amount or (ii) three (3) months rentto $273,227.50.
Appears in 1 contract
Sources: Sublease Agreement (Criteo S.A.)
Security Deposit. Lessee A security deposit shall pay to be held by the Lessor simultaneously with the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by the Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions conditions and conditions covenants of this Lease AgreementLease. Said deposit to earn passbook savings while in Lessor's possession, Lessor may useprovided, apply, or retain the whole that all or any part portion of that deposit is not used to pay bad or delinquent debts thereby negating any cumulative interest earned. The initial security deposit shall be S 50,000.00 . The amount of security may be increased at any time by the Lessor, in its sole discretion, to any amount equal to at least two (2) month's rent, and gasoline receipts for a 7-day period (one week). The Lessor may, but is not required to, appropriate and apply all or any portion of the Security Deposit so deposited security deposit for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason all of the Lessee’s Event of Default or failure to perform following items including, but not limited to, any damages or deficiency in the reletting :
(a) The payment of the Leased Premises, provided, however, overdue rent or other sums constituting rent hereunder. IT IS UNDERSTOOD AND AGREED THAT THE SECURITY DEPOSIT IS NOT TO BE CONSTRUED AS THE LAST PAYMENT OF RENT UNDER THIS LEASE.
(b) Amounts necessary to effect repairs or maintenance that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed Lessee has failed to be an election of remedies by Lessor or viewed make as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right required pursuant to pursue any and all other remedies available to it under the terms of this Lease.
(c) Amounts reasonably necessary to put the premises in a clean condition, if the Lessee during the term of this Lease Agreement or otherwise. In on the event that termination thereof does not leave the leased premises in a reasonably clean condition.
(d) Any amount necessary to insure the full and faithful performance by the Lessee shall comply with all of the terms, conditions, and covenants of this Lease.
(e) Any amount owed by Lessee to Lessor on any obligation whatsoever of Lessee to Lessor. The Lessor is not restricted to the security deposit as its damages in the event the Lessee defaults or fails to perform the terms, conditions, and conditions covenants of this Lease. If, during the term of this Lease Agreementthe Lessor applies any portion of the security deposit for any of the items mentioned heretofore or hereafter, the Security Deposit Lessee shall immediately restore the security deposit to its original amount by paying said amount to the Lessor. Lessor shall return to Lessee at the expiration of the term of this Lease, any refund due Lessee of Lessee's security deposit, in accordance with the following schedule: 25% of the security deposit owed will be returned to Lessee within thirty (30) days after of expiration if Lessee has vacated and surrendered paid all obligations owed to Lessor; the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale remaining 75% of the Building or the Projectsecurity deposit owed will be returned within 120 days of expiration if Lessee has paid all obligations owed to Lessor. Lessor may, at its option, refund Lessee's security balance more quickly if Lessor shall have the right deems itself adequately protected as to transfer the Security Deposit Lessee's contingent obligations to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentincluding unpaid utility bills.
Appears in 1 contract
Sources: Lease Agreement (On THE MOVE Corp)
Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with the upon execution of this Lease Agreement a sum zero and 00/100 hereof Thirteen Thousand Eight Hundred Twenty Three Dollars ($0,000.00) (the “Security Deposit”13,823) as security for the full and Lessee's faithful performance by Lessee of each and every termLessee's obligations hereunder. If ▇▇▇▇▇e fails to pay rent or oth▇▇ ▇▇arges due hereunder, covenant and condition or otherwise is in material default (beyond any applicable grace or cure periods) of any provision of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease AgreementLease, Lessor may use, apply, or retain the whole all or any part portion of the Security Deposit so deposited said deposit for the payment of any rent or other charge in default or for the payment of any other sum due Lessor or for which Lessor may expend become obligated by reason of Lessee's default, or to compensate Lessor for any material loss or damage which Lessor may suffer thereby. If Lessor so uses or applies all or any portion of said deposit, Lessee shall within ten (10) days after written demand therefor deposit cash with Lessor in an amount sufficient to restore said deposit to the full amount hereinabove stated, and Lessee's failure to do so shall be a material breach of this Lea▇▇. ▇▇ssor shall not be required to expend keep said deposit separate from its general accounts. If Lessee performs all of Lessee's obligations hereunder, said d▇▇▇▇▇▇, or so much thereof ▇▇ ▇▇▇ not theretofore been applied by reason Lessor, shall be returned, without payment of interest or other in▇▇▇▇▇▇t for its use, to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest hereunder) at the expiration of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood Term and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty with▇▇ ▇▇▇rty (30) days after Lessee has vacated the Premises. Any mortgagee of Lessor, purchaser ▇▇ ▇▇e Project, or beneficiary of a deed of trust shall be relieved and surrendered the Leased Premises released from any obligation to return said deposit in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event such mortgagee, beneficiary of a sale deed of trust or purchaser becomes the owner of the Building Project by reason of foreclosure or the Project, Lessor trustee's sale (including deed in lieu thereof) or proceeding in lieu of foreclosure or trustee's sale unless said deposit shall have been actually delivered to such mortgagee, beneficiary of deed of trust or purchaser. Such release, however, shall not relieve the right person or entity who owned the Project immediately prior to transfer the Security Deposit acquisition of title by such mortgagee, beneficiary of deed of trust or purchaser of any obligation he or it may have to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentsaid deposit.
Appears in 1 contract
Sources: Triple Net Lease (Luxtec Corp /Ma/)
Security Deposit. Lessee shall pay to Lessor simultaneously SECTION 31.01. Simultaneously with the execution and delivery of this Lease Agreement a by Tenant, Tenant has deposited with Landlord the sum zero of THIRTY-FOUR THOUSAND, THREE HUNDRED EIGHTY-NINE and 00/100 33/100 Dollars ($0,000.00) (the “Security Deposit”) 34,389.33), as security for the full and faithful performance by Lessee Tenant of each and every term, covenant covenant, condition and condition agreement of this Lease Agreementor any renewals or extensions thereof on Tenant's part to be performed; it being expressly understood and agreed that Tenant shall pay rent for the last calendar month of the term hereof or of any renewals or extensions thereof promptly on the first day of such month. Upon an Event of Default by Lessee under this Lease AgreementIf Tenant shall fail to perform or observe, or if Lessee fails to perform shall breach or violate, any of the terms, provisions and covenants, conditions or agreements of this Lease AgreementLease, Lessor including but not limited to the payment of fixed rent or additional rent or any other charges, Landlord may use, apply, apply or retain the whole or any part of such deposit to the Security Deposit so deposited extent required for the payment of any such fixed rent or additional rent or any other sum due Lessor as to which Tenant is in default or for any sum which Lessor Landlord may expend or may be required to expend by reason of Tenant s non-performance, non-observance, breach or violation of any of the Lessee’s Event terms, covenants, conditions or agreements of Default or failure to perform includingthis Lease, including but not limited to, any damages or deficiency in the reletting re-letting of the Leased Premisespremises, provided, however, that any whether such damages or deficiency accrues before or after Summary proceedings or other re-entry by Landlord.
SECTION 31.02. Landlord shall not be required so to use, application apply or retention by Lessor of retain the whole or any part of said deposit, but if the Security Deposit whole or any part thereof is so used, applied or retained, Tenant shall not be upon demand immediately deposit with Landlord a sum equal to the amount so used, applied or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood retained. If Tenant shall fully and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall faithfully comply with all of the terms, covenants covenants, conditions and conditions agreements of this Lease AgreementLease, the Security Deposit deposit or any balance thereof remaining shall be returned to Lessee within thirty (30) days Tenant after Lessee has vacated and surrendered the Leased Premises in accordance with date fixed as the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms end of this Lease Agreementor of any renewal or extension thereof and after delivery of entire possession of premises to Landlord. Landlord shall not be required to pay Tenant any interest on said security deposit.
SECTION 31.03. In the event of a sale sale, transfer or lease of the parcel of Land or a sale, transfer or lease of Land and/or Building or a sale or transfer of any such lease, Landlord may transfer or assign the Project, Lessor shall have the right to transfer the Security Deposit security so deposited or any balance thereof remaining to the purchaservendee, transferee or lessee, as the case may be, and Lessor Landlord shall thereupon be released from all liability for the return of such Security Deposit. Lessee security, and Tenant, in each such instance, shall look solely to each vendee, transferee or lessee, as the new landlord case may be, for the return of such Security Depositsecurity. If Lessee It is further agreed that the provisions hereof shall fail apply to pay Rent every such sale, transfer or other sums when due under this Lease Agreement more than three (3) times in lease and to every such transfer or assignment made of such security.
SECTION 31.04. Tenant shall not assign or encumber or attempt to assign or encumber any twelve (12) month periodsecurity deposited hereunder and neither Landlord nor its successors or assigns shall be bound by any such assignment, irrespective of whether encumbrance, attempted assignment or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentattempted encumbrance.
Appears in 1 contract
Sources: Lease (Econophone Inc)
Security Deposit. Lessee shall pay 9.1 The Developer agrees and undertakes to Lessor simultaneously with the execution of this Lease Agreement provide a sum zero and 00/100 Dollars security deposit ($0,000.00) (the “Security Deposit”) as to IRSDC of an amount equal to three times the amount of Annual Lease Rent and/ or the Annual Guaranteed Amount (in case of any Revenue Share being payable hereunder).
9.2 The amount of Security Deposit shall get revised upwardly every three years, which revision shall be corresponding to the increase in Annual Lease Rent and/ or the Annual Guaranteed Amount.
9.3 The Developer shall submit the Security Deposit three months prior to the expiry of the Bid Security.
9.4 The said Security Deposit shall constitute a security for against any delay and/ or default in the full payment by the Developer of the Lease Premium, Annual Lease Rent, the Revenue Share, any interest thereon and/ or any other amount otherwise required to be paid by the Developer to IRSDC under the Agreement (including any liquidated damages, or other amounts payable consequent to any breach of the Agreement), and faithful performance by Lessee of each IRSDC shall be entitled to encash, invoke and every termdraw upon and forfeit the Security Deposit, covenant and condition to recover all such amounts.
9.5 In the event that IRSDC, draws on/ encashes/ invokes the Security Deposit, in part or full, in accordance with the terms of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain Developer shall forthwith restore the whole or any part value of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be to entire value required to expend by reason of be then maintained as Security Deposit, under the Lessee’s Event of Default or failure Agreement.
9.6 Subject to perform including, but not limited toArticle 9.7 below, any damages or deficiency in the reletting undrawn portion of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty the Developer after the Site along with all the Commercial Development Assets and Commercial Development Project Utilities are vested with IRSDC (30or its nominee, including RLDA or the Railway Administration) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under this Agreement.
9.7 Prior to the release of the Security Deposit in accordance with the terms of this Lease AgreementArticle 9.6 above, the Developer shall issue an unconditional and unequivocal no claim certificate in favour of IRSDC, RLDA and the Railway Administration, in respect of the Project (and any dues to the Developer in respect thereof).
9.8 No interest shall be payable by IRSDC on the Security Deposit. In However if any interest accrues on the instrument payable by the issuing authority, the same shall be passed on to the Developer.
9.9 Notwithstanding anything, in the event that the Agreement is terminated due to Developer’s Event of a sale of the Building or the ProjectDefault, Lessor IRSDC shall have the right to transfer forfeit and retain the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such entire Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.
Appears in 1 contract
Sources: Development Agreement
Security Deposit. Lessee shall pay to Lessor simultaneously Article 23 The LESSEE, concurrently with the execution of this Lease Agreement a Lease, has deposited with the LESSOR the sum zero and 00/100 Dollars ($0,000.00) (of as specified in the “Security Deposit”) LEASE SUMMARY the receipt of which is hereby acknowledged, which sum shall be retained by the LESSOR as security deposit for the full payment by the LESSEE of the rent herein agreed to be paid and for the faithful performance by Lessee of each and every term, covenant and condition the covenants of this Lease AgreementLease. Upon an Event If at any time the LESSEE shall be in default of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease AgreementLease, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor LESSOR shall have the right to pursue use said deposit, or so much thereof as may be necessary in payment of any rent in default as aforesaid and/or in payment of any expense incurred by the LESSOR in and all other remedies available about the curing of any default by said LESSEE, and/or in payment of any damages incurred by the LESSOR by reason of such default of the LESSEE, or at LESSOR's option, the same may be retained by the LESSOR in liquidation of part of the damages suffered by the LESSOR by reason of the default of the LESSEE. Should said security deposit or any portion thereof be applied by LESSOR to it under curing any default by LESSEE, LESSEE shall pay LESSOR on demand the terms of this Lease Agreement or otherwiseamount so applied which shall be added to the security deposit so that the same may be restored to its original amount. In the event that Lessee If LESSEE shall comply with faithfully fulfill, keep, perform, and observe all of the termscovenants, covenants conditions and conditions of agreements in this Lease Agreementset forth and contained on the part of the LESSEE to be fulfilled, kept performed and observed, the Security Deposit sum deposited or the part or portion thereof not previously applied shall be returned to Lessee within the LESSEE without interest no later than thirty (30) days after Lessee the expiration of the term of this Lease or any renewal or extension thereof provided LESSEE has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit and surrendered possession thereof to the purchaser, and Lessor shall thereupon be released from all liability for LESSOR at the return expiration of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent said term or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether extension or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentrenewal thereof as provided herein.
Appears in 1 contract
Security Deposit. Lessee Upon execution of the equipment waiver by LESSOR and its mortgagee, LESSEE shall pay to Lessor simultaneously deposit THIRTY-THREE THOUSAND ($33,000.00) DOLLARS with the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) LESSOR as security for the full LESSEE'S payment of rent and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee its other obligations under this Lease Agreement, and any renewals or if Lessee fails to perform any of the terms, provisions and conditions extensions of this Lease AgreementLease, Lessor until such time as the Tenant Improvement Line of Credit between LESSEE and its lender has been fully repaid and Comdisco no longer has an option to assume this lease. If LESSEE defaults in its payment of rent or performance of its other obligations under this Lease, LESSOR may use, apply, use all or retain the whole or any part of the Security Deposit so deposited security deposit for the payment of rent or any other amount in default, or for the payment of any sum due Lessor other amount 68 that LESSOR may spend or which Lessor may expend or be required become obligated to expend spend by reason of LESSEE'S default, or for the Lessee’s Event payment to LESSOR or any other loss or damage that LESSOR may suffer by reason of Default or failure LESSEE'S default. If LESSOR so uses any portion of the security deposit, LESSEE will restore the security deposit to perform including, but its original amount within five (5) days after written demand from LESSOR. The security deposit will not limited to, any be a limitation on LESSOR'S damages or deficiency in the reletting other rights under this Lease, or a payment of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood or an advance of the rent. If LESSEE pays the rent and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with performs all of its other obligations under this Lease, LESSOR will return the terms, covenants and conditions unused portion of this Lease Agreement, the Security Deposit shall be returned security deposit to Lessee LESSEE within thirty (30) days after Lessee has vacated and surrendered LESSEE'S surrender of the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In or such earlier time as provided for above, however, if LESSOR has evidence that the event of a sale security deposit has been assigned by LESSEE to an assignee of the Building or Lease, LESSOR will return the Project, Lessor shall have the right to transfer the Security Deposit security deposit to the purchaser, assignee. LESSOR shall not pledge or otherwise encumber the security deposit except in connection with an assignment of all LESSOR'S rights and Lessor shall thereupon be released from obligations under this lease and only then on the condition assignee agrees in writing to 69 recognize all liability for the return rights and privileges of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due LESSEE under this Lease Agreement more than three and to be bound by all terms and conditions of this LEASE. Said security deposit shall be held by LESSOR for the benefit of LESSEE in an insured (3) times in for the full amount of the deposit), interest bearing account with any twelve interest thereon paid to LESSEE on a semi-annual basis." Please have this letter executed and returned to me as soon as possible. I will then get a signed counterpart back to you. Thank you. Sincerely, /s/ Alla▇ ▇. ▇▇▇▇▇ ▇▇la▇ ▇. ▇▇▇▇▇ ▇▇▇tner ARJ:emg AGREED TO BY: LeukoSite Inc.: BY: /s/ C.S. ▇▇▇▇▇▇▇▇▇ -------------------------- President, Duly Authorized /s/ Bob ▇▇▇▇▇▇▇▇ -------------------------- Controller, Duly Authorized 70 [LOGO] Athenaeum Realty Nominee Trust: /s/ Robe▇▇ ▇. ▇▇▇▇▇ --------------------------- Robe▇▇ ▇. ▇▇▇▇▇, ▇▇ustee /s/ K. Geor▇▇ ▇▇▇▇▇▇▇▇ --------------------------- K. Geor▇▇ ▇▇▇▇▇▇▇▇, ▇▇ustee 71 EXHIBIT A "LEASED PREMISES" [GRAPHIC OMITTED] THE ATHENAEUM HOUSE 215 ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ First Floor 72 EXHIBIT A "LEASED PREMISES" [GRAPHIC OMITTED] THE ATHENAEUM HOUSE 215 ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ Second Floor 73 EXHIBIT A "LEASED PREMISES" [GRAPHIC OMITTED] THE ATHENAEUM HOUSE 215 ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ Lower Level 74 EXHIBIT B "LOT" [GRAPHIC OMITTED] THE ATHENAEUM HOUSE 215 ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ First Floor 75 EXHIBIT C Landlord and Mortgagee Waiver and Consent THIS Waiver and Consent; dated as of the _______ day of ______, 19___ made by _____________ (12) month periodthe "Landlord"), irrespective of whether or not such delinquencies have been cured, then and ________________ (the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent."Mortgagee");
Appears in 1 contract
Sources: Sublease (Interliant Inc)
Security Deposit. Lessee shall pay to has deposited with Lessor, and Lessor simultaneously with the execution of this Lease Agreement a sum zero hereby ---------------- acknowledges receipt of, $ One Thousand Four Hundred Thirty and 00/100 80/100 Dollars ----------------------------------------------------- ($0,000.001,430.80) (the “"Security Deposit”") which shall be held by Lessor, --------- ---------------- without accrual of Interest, as security for the full and faithful performance by Lessee of each and every term, covenant and condition all of the terms of this Lease AgreementLessee and not as an advance rent deposit or a measure of Lessor's damages in the case of Lessee's default. Upon an Event of Default Such Security Deposit shall not be mortgaged, assigned, transferred or encumbered by Lessee under this Lease Agreement, or if without the express prior written consent of Lessor. If Lessee fails shall fail to perform any of the terms, provisions and conditions terms of this Lease AgreementLease, then Lessor, at its option and without prejudice to any other remedy which Lessor may usehave on account thereof, apply, or retain the whole may appropriate and apply all or any part of the Security Deposit so deposited for toward the payment of any Rent or additional sum due Lessor hereunder or which Lessor may expend to any loss or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention damage sustained by Lessor due to such breach on the part of Lessee; and Lessee shall forthwith upon demand restore the whole or any Security Deposit to the original sum deposited. Any funds paid by Lessee to Lessor as part of the Security Deposit shall not be or be deemed as a deposit or advance pursuant to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement Lease, or otherwiseany exhibit, addendum or modification hereto, may be commingled with other funds of Lessor and need not be placed in trust, deposited in escrow or otherwise held in a segregated account. In the event that Should Lessee shall comply with all of the terms, covenants terms hereof and conditions promptly pay all of this Lease Agreementthe rentals and all other sums payable by Lessee to Lessor as they become due, the Security Deposit shall be returned in full to Lessee within thirty (30) 30 days after Lessee has vacated and surrendered the Leased Premises in accordance with end of the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease AgreementTerm. In the event of a sale of the Building bankruptcy or the Projectother creditor/debtor proceeding against Lessee, Lessor shall have the right to transfer the Security Deposit shall be deemed to be first applied to the purchaser, payment of Rent and other charges due Lessor shall thereupon be released from for all liability for periods prior to the return filing of such Security Depositproceedings. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then Lessor may deliver the Security Deposit shall, within ten (10) days after demand and any other deposit made hereunder by Lessor, be increased to an amount equal Lessee to the greater purchaser of (i) three (3) times Lessor's interest in all or any part of the aforesaid amount or (ii) three (3) months rentProject and thereupon Lessor shall be discharged from any further liability with respect to such deposit; and this provision shall also apply to any subsequent transferee of Lessor.
Appears in 1 contract
Security Deposit. Lessee shall pay to Lessor simultaneously Simultaneously with the execution hereof, Lessee shall deposit with Lessor a promissory note in the amount of this Lease Agreement a sum zero and 00/100 Dollars TWENTY-FIVE THOUSAND DOLLARS ($0,000.0025,000.00) (the “Security Deposit”) delivered to Lessor as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreementon the part of Lessee to he observed and performed. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform If any of the termsrents and additional rents herein reserved shall be overdue and unpaid, provisions then Lessor may, at its option and conditions of this Lease Agreement, without prejudice to any other remedy which Lessor may usehave on account thereof, apply, or retain make demand upon such security deposit in the whole or any part of the Security Deposit so deposited amount necessary to compensate Lessor for the payment of the rents or other sums due from Lessee, or towards any sum due Lessor loss, damage or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention expense sustained by Lessor of resulting from such default on the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood Lessee; and agreed that, notwithstanding in such use, application or retention, event Lessor shall have forthwith upon demand restore said security deposit to the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseoriginal amount required hereunder. In the event that Lessee shall fully and faithfully comply with all of the terms, covenants and conditions of this Lease Agreementthe Lease, the Security Deposit said security deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered following the Leased Premises termination hereof in accordance with the terms all provisions hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event any bankruptcy, insolvency, reorganization or other creditor-debtor proceedings shall be instituted by or against Lessee, or any guarantor hereunder, such security deposit shall be drawn upon as proceeds applied first to the payment of a sale any rent and/or other charges due Lessor for all periods prior to the institution of such proceedings, and the Building balance, if any, may be retained by Lessor in partial liquidation of Lessor's damages. Lessor may deliver the security deposited by Lessee hereunder to the purchaser of Lessor's interest in the Demised Premises in the event that such interest is sold or the Project, transferred and thereupon Lessor shall have the right to transfer the Security Deposit to the purchaser, be discharged and Lessor shall thereupon be released from all further liability for with respect to such deposit or the return of such Security Deposit. Lessee shall look solely thereof to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLessee.
Appears in 1 contract
Security Deposit. In lieu of a cash security deposit, Lessee shall pay to provide Lessor simultaneously with upon the execution and delivery of this Lease Agreement a sum zero security deposit in the form of an unconditional and 00/100 Dollars irrevocable letter of credit in the form of Exhibit “A”, issued by a bank selected by Lessee and issued on behalf of Lessee in favor of Lessor in an amount equal to three ($0,000.003) months of the Fixed Annual Rent then in effect (such letter of credit and any extension or replacement thereof being herein referred to as the “Security DepositLetter of Credit”) as security for the full and faithful performance and observance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease. Lessor has accepted [***]199 as the initial issuer of the Letter of Credit. Any reasonable costs of Lessor incurred in order to draw on the Letter of Credit shall be deemed additional rent hereunder. [***]200. Any and all fees or costs charged by the issuer in connection with the Letter of Credit shall be paid by Lessee. Lessor shall have the right to draw upon the Letter of Credit in any of the following circumstances: (i) following the Termination Date (if Lessee has not exercised Lessee’s Restoration Right), (ii) if an Event of Default has occurred and Lessee is a debtor under any bankruptcy or insolvency proceeding and Lessor is prohibited by applicable bankruptcy or insolvency law from sending notice to Lessee of such event, regardless of whether such notice is required, (iii) [***]201 or (iv) if Lessee fails to provide Lessor with any renewal or replacement Letter of Credit complying with the terms of this Lease Agreementat least thirty (30) days prior to expiration of the then-current Letter of Credit, where the issuer of such Letter of Credit has advised Lessor of its intention not to renew the Letter of Credit if the Letter of Credit is an “evergreen” letter of credit (to the extent an evergreen Letter of Credit was obtainable), or where the Letter of Credit by its terms will expire within thirty (30) days if the Letter of Credit is not an “evergreen” letter of credit. Lessor may use, apply, or retain draw on the whole or any part Letter of the Security Deposit so deposited Credit for the payment of any sum due Lessor or which Lessor may expend or may be required to expend by reason of the Lessee’s Event default in respect of Default or failure to perform includingany of the terms, covenants and conditions of this Lease, including but not limited to, any damages or deficiency in the reletting re-letting of the Leased Premises, providedwhether such damages or deficiency accrued before or after summary proceedings or other re-entry by Lessor. If the Letter of Credit is drawn upon 199 [***] Indicates material that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with the U.S. Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities and Exchange Act of 1934, howeveras amended. 200 [***] Indicates material that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with the U.S. Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities and Exchange Act of 1934, as amended. 201 [***] Indicates material that any has been omitted and for which confidential treatment has been requested. All such useomitted material has been filed with the U.S. Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities and Exchange Act of 1934, application as amended. due solely to the circumstances described in the foregoing clauses (iii) or retention (vi), the amount drawn shall be held by Lessor as a security deposit to be otherwise retained, expended or disbursed by Lessor for any amounts or sums due under this Lease to which the proceeds of the whole or any part Letter of the Security Deposit shall not be or be deemed Credit could have been applied pursuant to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit any amounts not so applied shall be returned to Lessee within thirty (30) days after when Lessor is obligated to return the same to Lessee has vacated under this Lease. If Lessor elects to draw all or any amount of the Letter of Credit as permitted herein, Lessee expressly waives any right it might otherwise have to prevent Lessor from drawing on the Letter of Credit and surrendered the Leased Premises agrees that an action for damages and not injunctive or other equitable relief shall be Lessee’s sole remedy in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right Lessee disputes Lessor’s claim to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of any such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentamounts.
Appears in 1 contract
Security Deposit. Lessee Prior to the beginning of the Lease Term, the Tenant shall pay to Lessor simultaneously with deposit the execution sum of this Lease Agreement a sum zero $One Thousand Seven Hundred Twenty Five and 00/100 Dollars ($0,000.00) 1,725.00), (the “"Security Deposit”") with the Landlord, which is to be held by Managing Agent PPMI, as a security for deposit to ensure full compliance by the full and faithful performance by Lessee Tenant of each and every term, covenant and condition all provisions of this Lease Agreement. Upon an Event of Default Lease, including but not limited to Tenant obligations with respect to damages caused by Lessee under this Lease Agreementthe Tenant, or if Lessee guests, and/or pets.
A. If the Tenant fails to perform comply with any of the terms, provisions and conditions of this Lease AgreementLease, Lessor the Landlord may use, apply, apply or retain the whole all or any part of the Security Deposit so deposited for the payment of the following: rent, additional rent, additional charges and administrative fees set forth in the Lease, damages or any sum due Lessor or which Lessor amount the Landlord may expend or be required to expend by reason of noncompliance by the Lessee’s Event Tenant with the terms of Default or failure to perform includingthe Lease, but not limited to, including any damages or deficiency in the reletting of the Leased PremisesPremises (including any real estate agent commission(s) and or broker's fee(s)), provided, however, that whether accruing before or after reentry by the Landlord and ▇▇▇▇▇▇▇▇'s reasonable attorney's fees incurred as a result of ▇▇▇▇▇▇'s breach.
B. Tenant shall be liable to the Landlord for any such use, application damage to the Premises beyond normal wear and tear resulting from the negligence or retention by Lessor wrongful act of the whole Tenant or others on the Premises with ▇▇▇▇▇▇'s permission. The parties agree that smoke damages and odor caused by ▇▇▇▇▇▇’s use of tobacco products and improper use of any fireplace on the Premises shall be considered damages beyond normal wear and tear resulting from the negligence or wrongful act of the Tenant or others on the Premises with ▇▇▇▇▇▇’s permission. The parties further agree that odors caused by ▇▇▇▇▇▇’s keeping of any pets, whether with the consent of Landlord or not, shall be considered damages beyond normal wear and tear resulting from the negligence or wrongful act of the Tenant or others on the Premises with ▇▇▇▇▇▇’s permission.
C. After Tenant has faithfully performed all obligations under the Lease, paid all rent and other charges, returned all keys and documents, provided Landlord in writing with a forwarding address, and surrendered the Premises in the same condition as at the beginning of the Lease Term, except for reasonable wear and tear, said Security Deposit shall be returned to Tenant within forty- five (45) days subject to the foregoing. In the event of more than one Tenant entering into this Lease, any refund of any portion of the Security Deposit due hereunder may be made by one check jointly payable to all Tenants named on this Lease. A minimum of one hundred dollars ($100) may be withheld at time of vacation of the Premises for payment toward any unpaid utility bills unless written evidence of payment of final utility bills is presented to Landlord prior to the release of any security deposit herein. The parties expressly agree that Tenant shall be responsible for presenting to Landlord proof of payment of final water bill relating to the Premises.
D. It is expressly understood that ▇▇▇▇▇▇▇▇’s application of the Security Deposit or additional deposit shall not be Landlord’s sole remedy in the event of Tenant’s default. SHOULD THE COSTS OF REPAIRS, REPLACEMENTS, AND/OR LANDLORD’S OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO THOSE SET FORTH IN PARAGRAPH #38 HEREIN) EXCEED THE SECURITY AND ADDITIONAL DEPOSITS, TENANT SHALL PAY FOR SUCH EXCESS COSTS. NO PART OF THE SECURITY DEPOSIT SHALL BE APPLIED BY TENANT AS PAYMENT OF ANY PART OF THE RENT OR OTHER OBLIGATIONS DUE HEREUNDER. Tenant shall pay rent required each month as if no Security Deposit were ever made.
E. If during the Lease Term, including any extension, renewal or holdover, any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor and/or the additional deposit shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises been utilized by Landlord in accordance with the terms hereofherein or applicable law; Tenant shall, upon demand, immediately deposit with Landlord a sum equal to the amount so applied by Landlord, so long as no Event of Default by Lessee Landlord shall then be existing under have the terms of this full Security Deposit and/or the additional deposit on hand at all times during the Lease AgreementTerm. SAMPLE
F. In the event of a sale sale, transfer, or assignment, by Landlord of his interest in the Building Premises or the Projectthis Lease Landlord shall notify Tenant of such sale, Lessor shall have the right to transfer the Security Deposit to the purchaseror assignment, and Lessor Landlord and Managing Agent shall thereupon be released from all liability for with respect to the return of such Security Deposit. Lessee Deposit and any additional deposits and Tenant shall look solely to the new landlord for the return of the security deposit/additional deposit.
G. In the event of a change of management as provided for by paragraph #9, the Landlord and/or former managing agent shall notify Tenant of such Security Deposit. If Lessee change and management, and PPMI shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then transfer the Security Deposit shall, within ten (10) days after demand by Lessor, to Landlord. PPMI shall be increased to an amount equal released from all liability with respect to the greater Security Deposit and any additional deposits and Tenant shall look solely to Landlord for the return of (i) three (3) times the aforesaid amount or (ii) three (3) months rentSecurity Deposit and any additional deposits.
Appears in 1 contract
Sources: Residential Lease Agreement
Security Deposit. Lessee shall pay to Lessor simultaneously Tenant has with the execution of this Lease Agreement Lease, deposited with Lessor a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security deposit for the full and faithful performance by Lessee of each and every term, covenant and condition Tenant of this Lease Agreementand for the cleaning and repairing of the Hangar and Premises after surrendered by ▇▇▇▇▇▇. Upon an Event Lessor is not a trustee of Default by Lessee under this Lease Agreementthe deposit and may commingle it, use it in ordinary business, transfer or assign, or if Lessee fails to perform use it in any combination of those ways. No interest shall accrue on the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwisedeposit. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit The deposit shall be returned to Lessee Tenant within thirty (30) days after Lessee has vacated Tenant vacates the Hangar and surrendered Premises less all charges for cleaning and repairing the Leased Hangar and Premises, replacing any missing items, and less any other amounts, including delinquent rent, due under this Lease or necessary to compensate Lessor for Tenant’s breach of this Lease. Tenant may not deduct the amount of the deposit from rent or other payments that may become due under this Lease and ▇▇▇▇▇▇’▇▇▇▇▇▇ to regain possession of Hangar and Premises in accordance with for nonpayment of rent shall not be affected by the terms hereof, so long as no Event of Default by Lessee shall then be existing under fact Lessor hold such deposit.
2.1. If at any time during the terms term of this Lease Agreementany of the rent shall be overdue and unpaid, or any other sum payable by Tenant to Lessor shall be overdue and unpaid, then Lessor may, at its option (but Lessor shall not be required to), appropriate and apply any portion of the security deposit to the payment of any such overdue rent or other sum. In the event of a sale the failure of any other default by Tenant, Lessor to be kept and performed by Tenant, then, at its option, Lessor may apply any or all of the Building entire security deposit to compensate Lessor for all loss or damage sustained or suffered by Lessor due to such breach.
2.2. Should any of the Project, entire security deposit be applied by Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return payment of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent overdue rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been curedand payable to Lessor by ▇▇▇▇▇▇, then the Security Deposit tenant shall, upon written demand of Lessor, forthwith remit to Lessor a sufficient amount in cash to restore such security to the original security deposit, and at Lessor option, ▇▇▇▇▇▇’s failure to do so within ten (10) 10 days after receipt of such demand by Lessor, be increased to an amount equal to the greater shall constitute a further breach of (i) three (3) times the aforesaid amount or (ii) three (3) months rentthis Lease.
Appears in 1 contract
Sources: Municipal Airport Property Lease
Security Deposit. Lessee (a) At all times until the Bonds have been paid in full, Tenant shall from time to time hereafter pay to Lessor simultaneously with Landlord the execution Security Deposit (as defined in and calculated pursuant to SECTION 2(b) of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00Article III) (to secure the “Security Deposit”) as security for the full and faithful performance by Lessee Tenant of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease. Tenant agrees that the Security Deposit may, at the option of Landlord, be increased in accordance with SECTION 2(b) of this Article III. All amounts to be paid pursuant to this Section shall be payable in the manner set forth in SECTION 4 of this Article, accompanied by notice to Landlord (with a copy to the Indenture Trustee and Cornell Escrow Agent) designating the type and amounts so paid. Tenant agrees that Landlord may apply any portion of the Security Deposit to any Total Rent (as defined in SECTION 4 of Article III) due and owing but unpaid hereunder and any portion of the Security Deposit so applied shall be credited to any Total Rent payable to Landlord hereunder. However, if Tenant shall fully comply with all of its obligations under this Lease Agreementand no Payment Default shall have occurred and be continuing, then the Security Deposit shall be returned to Lessee Tenant within thirty (30) days after Lessee has vacated and surrendered the Leased Premises date the Bonds shall have been paid in accordance with the terms hereoffull, so long as no Event of Default by Lessee shall then be existing under the terms if not sooner refunded pursuant to SECTION 2(b) of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor Article III.
(b) Tenant shall have the right and maintain a Coverage Ratio of not less than 1.35 to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability 1.00 for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any each twelve (12) month period, irrespective period ending on the last day of whether each fiscal quarter of Tenant (or not from and after Tenant's failure to meet the Monthly Reporting Coverage Ratio (as defined in SECTION 4 of Article IV hereof) until such delinquencies have been failure is cured, then for the Security Deposit shall, within ten twelve (1012) days after demand by Lessor, be increased to an amount equal month period ending on the last day of each calendar month) prior to the greater expiration or termination of this Lease (ithe "MINIMUM COVERAGE RATIO"). As used herein, "Coverage Ratio" shall mean EBITDAR (as defined in EXHIBIT C) three to the total Base Rent, for such period which came due under this Lease. In the event that the Coverage Ratio for any such period shall ever be less than the Minimum Coverage Ratio, Tenant shall pay to Landlord monthly on each Rent Payment Date the amount set forth opposite the actual Coverage Ratio below (3the "SECURITY DEPOSIT") times for the aforesaid period from and after the determination of Tenant's noncompliance until the determination of Tenant's compliance; provided, however, that notwithstanding anything in this Lease to the contrary, the total aggregate payments of Security Deposits required hereunder to be paid by Tenant to and held by or on behalf of Landlord at any one time shall never exceed thirty-five percent (35%) of the maximum annual amount or of Base Rent due in any year remaining during the Term of this Lease. All amounts to be paid pursuant to this Section shall be payable in the manner set forth in SECTION 4 of this Article, accompanied by notice to Landlord (iiwith a copy to Indenture Trustee and Cornell Escrow Agent) three (3) months rentdesignating the type and amounts so paid.
Appears in 1 contract
Security Deposit. Lessee shall pay provide Lessor with a security deposit in the aggregate amount of USD$ 139,000 (the "SECURITY DEPOSIT") to Lessor simultaneously with be paid as set forth herein as security for the timely and faithful performance by Lessee of all of Lessee's obligations under this Lease. Prior to the execution of this Lease Agreement Agreement, Lessee shall have provided to Lessor a sum zero good faith cash deposit in the amount of USD$ 50,000. Upon the execution and 00/100 Dollars ($0,000.00) (delivery by Lessor and Lessee of this Agreement, Lessee shall provide to Lessor an additional cash deposit of USD$ 89,000. Lessee hereby creates and grants to Lessor and to ING a lien on and security interest in all monies, securities, accounts, and investments from time to time comprising the “Security Deposit”) , as security for the full and faithful timely payment and performance of its obligations hereunder and under the other Lease Documents and the Other Leases. Lessee agrees to execute and file with the appropriate governmental entities any and all documents necessary or reasonably requested by Lessee Lessor to evidence and perfect such security assignment in favor of each and every term, covenant and condition of this Lease AgreementLessor. Upon an Event of Default by Lessee under this Lease Agreement, or if If Lessee fails to pay Rent hereunder when due or to pay any other sums due or to perform any of the terms, other terms and provisions and conditions of this Lease, any other Lease AgreementDocument or any Other Lease, or is otherwise in default hereunder or thereunder, in addition to all other rights Lessor or ING shall have hereunder or under applicable law, Lessor or ING may use, apply, apply or retain the whole or all of any part portion of the Security Deposit so deposited in partial payment for the payment sums due to Lessor or ING by Lessee, to compensate Lessor or ING for any sums it may in its discretion advance as a result of a default by Lessee or to apply toward losses or expenses Lessor or ING may suffer or incur as a result of Lessee's default hereunder or otherwise in satisfaction of Lessee's obligations. If Lessor or ING uses or applies all of any sum due Lessor or which Lessor may expend or be required to expend by reason portion of the Lessee’s Event of Default or failure to perform includingsuch Security Deposit, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election a cure of remedies by Lessor or viewed as liquidated damagesany Defaults, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty five (305) days after Lessee has vacated and surrendered the Leased Premises written demand therefor provide ING with an additional cash deposit in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right an amount sufficient to transfer restore the Security Deposit to the purchaserUSD$ 139,000 and otherwise issued on such terms as are approved by Lessor and failure of Lessee to do so shall be a material breach of this Lease by Lessee. Provided no Default shall have occurred, and Lessor shall thereupon be released from all liability for the return of such Security Deposit, less only those costs directly incurred by Lessor in connection with the termination of the Lease or return of the Aircraft, which cost by the terms hereof are the obligation of Lessee or for the account of Lessee, shall be terminated and released by Lessor upon Lessee's return of the Aircraft at the end of the Lease Term in compliance with Clause 15 hereof. Lessee shall look solely not be entitled to the new landlord for the return of such any interest earned on any Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.
Appears in 1 contract
Sources: Lease Agreement (Pan Am Corp /Fl/)
Security Deposit. The Lessee shall pay to Lessor simultaneously deposit with the execution Lessor the sum of this Lease Agreement a sum zero $ to secure the faithful performance of the Tenant's promises and 00/100 Dollars ($0,000.00) duties contained herein (the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement). Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, The Lessor may use, apply, or retain the whole or any part of will deposit the Security Deposit so deposited for in a Trust Account with __________ ________ having an address of ____________________________ to secure the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason performance of the Lessee’s Event of Default or failure Lessor's obligation to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of refund the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseherein provided. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the The Security Deposit shall be held, and upon the termination of the tenancy be returned to Lessee within thirty (30) days after the unit is vacated if: The lease term has expired or this Agreement has been terminated by both parties; All monies due Lessor by Lessee have been paid; and The Premises are not damaged and are left in the same condition as exists at tine execution of this Lease, normal wear and tear excepted. The deposit may be applied by Lessor to satisfy all or part of Lessee's obligations, and such application shall not prevent Lessor from claiming damages in excess of the deposit. Lessee agrees not to apply the deposit to any rent payment and also agrees to pay $ _________ for re-keying locks if all keys are not returned. Lessee acknowledges receipt of _______ keys. In the event that any part of the deposit has vacated and surrendered the Leased Premises been used by Lessor in accordance with the terms hereofof this Agreement or applicable law, so long as no Event of Default by Lessee shall then be existing under upon demand immediately deposit with Lessor a sum equal to the terms of this Lease Agreementamount so applied by Lessor so that Lessor shall have the full deposit on hand at all times during the lease term including any extension, renewal or holdover term. In the event of any permitted assignment or sublease of this Agreement by Lessee, the deposit shall be deemed to be held by Lessor as a sale of the Building or the Project, deposit made by Lessee's assignee and Lessor shall have the right no further liability to transfer the Security Deposit return such deposit to the purchaserassignor. THE SECURITY DEPOSIT MAY, and Lessor shall thereupon be released from all liability for the return of such Security DepositIN THE DISCRETION OF EITHER THE LESSOR OR THE AGENT, BE DEPOSITED IN AN INTEREST-BEARING ACCOUNT WITH THE BANK OR SAVINGS INSTITUTION IDENTIFIED ABOVE. Lessee shall look solely to the new landlord for the return of such Security DepositANY INTEREST EARNED UPON THE SECURITY DEPOSIT, WHETHER THE SECURITY DEPOSIT IS DEPOSITED IN A TRUST ACCOUNT OR HELD OTHERWISE SHALL ACCRUE FOR THE BENEFIT OF, AND SHALL BE PAID TO, THE LESSOR, OR AS THE LESSOR DIRECTS. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month periodSUCH INTEREST, irrespective of whether or not such delinquencies have been curedIF ANY, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentMAY BE WITHDRAWN BY LESSOR OR AGENT FROM SUCH ACCOUNT AS IT ACCRUES AS OFTEN AS IS PERMITTED BY THE TERMS OF THE ACCOUNT.
Appears in 1 contract
Sources: Lease Agreement
Security Deposit. Lessee shall pay In addition to Lessor simultaneously the payments set forth herein for rent, LESSEE shall, upon execution hereof, deposit with LESSOR the execution sum of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term$ , covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or be applied against damage to any part of the Security Deposit so deposited for premises, including the payment of any sum due Lessor or which Lessor may expend or be required furnishings and appliances within said unit, common hallways, stairwells and other common areas contiguous to expend by reason of the LesseeLESSEE’s Event of Default or failure to perform apar including, but not limited to: repair, reset or replacement of fire alarms; damage to windows and doors in building halls and entry ways, laundry facilities, carpet/vinyl in halls, mailboxes; expense of breaking up parties in halls, entry way or parking lot; removal of garbage, trash, and discarded furniture not placed in dumpster, and any damages other expense including past due rent, charges, damages, utility bills and attorney’s fees incurred by LESSOR. Sealaiteddto Sec the aforesaid unit unless said expense is paid for prior to the end of the term of said lease. In that event or deficiency in the reletting event there is no such damage, a refund of said deposit shall be made at the end of the Leased Premisesterm pursuant to statute. LESSOR and/or AGENTS assessment of any loss or damage to the premises or furnishings therein caused by LESSEE or its guests shall be binding upon the LESSEE herein. Upon repair of and billing for such damage by LESSOR or its AGENT, providedthe LESSEE agrees to pay LESSOR immediately upon receipt of such ▇▇▇▇ for repairs. Upon termination of said Lease, howeverthe unit including furnishings and appliances shall be left by LESSEE in a sanitary, clean condition, suitable for immediate lease to another tenant and any loss, costs or expenses occasioned bfyailureLtEo SdoSsoEsEha’ll Sbe charged against the aforesaid security deposit. LESSEE further agrees that any such use, application or retention by Lessor of upon his failure to vacate the whole or any part of leased premises at the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms termination date of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the termslease, covenants and conditions of this Lease Agreement, the Security Deposit LESSEE shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered liable for double the Leased Premises in accordance with amount of rent per month until such time as they vacate the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentpremises.
Appears in 1 contract
Sources: Lease Agreement
Security Deposit. Lessee shall Delivered to the City herewith is a corporate check of the Representative payable to the order of the City in the amount of $ . The City agrees to hold such check uncashed until the Closing to ensure the performance by the Underwriters of their obligation to purchase, accept delivery of, and pay to Lessor simultaneously for the Bonds at the Closing. Concurrently with the execution payment by the Underwriters of this Lease Agreement a sum zero the purchase price of the Bonds at the Closing, the City shall return such check to the Representative at the address stated below. Should the City fail to deliver the Bonds at the Closing, or should the City be unable to satisfy the conditions of the obligations of the Underwriters to purchase, accept delivery of, and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security pay for the full and faithful performance Bonds, as set forth in this Purchase Agreement (unless waived by Lessee the Representative), or should such obligations of each and every term, covenant and condition of the Underwriters be terminated for any reason permitted by this Lease Agreement. Upon an Event of Default by Lessee under this Lease Purchase Agreement, or if Lessee fails such check shall immediately be returned to perform any the Representative. In the event the Underwriters fail (other than for a reason permitted hereunder) to purchase, accept delivery of, and pay for the Bonds at the Closing as herein provided, such check shall be cashed and the amount thereof retained by the City as and for full liquidated damages for such failure of the terms, provisions Underwriters and conditions of this Lease Agreement, Lessor may use, apply, or retain for any defaults hereunder on the whole or any part of the Security Deposit so deposited Underwriters. Acceptance of this offer by the City shall constitute a full release and discharge of all claims and damages for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or such failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue for any and all such defaults, and neither the City nor any other remedies available person shall have any further action for damages, specific performance, or any other legal or equitable relief against the Underwriters. The Underwriters and the City understand that in such event the City’s actual damages may be greater or may be less than such amount. Accordingly, the Underwriters hereby waive any right to it under claim that the City’s actual damages are less than such amount, and the City’s acceptance of this offer shall constitute a waiver of any right the City may have to additional damages from the Underwriters. The Representative ▇▇▇▇▇▇ agrees not to stop or cause payment on said check to be stopped unless the City has breached any of the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Purchase Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.
Appears in 1 contract
Sources: Remarketing Purchase Agreement
Security Deposit. Upon execution of this Lease, Lessee will deposit with Lessor the sum of Two Thousand Dollars ($2,000.00) ("Security Deposit") as security for the performance of Lessee's obligations under this lease, including without limitation the surrender of possession of the premises to Lessor as herein provided. It is expressly understood that the Security Deposit shall not be considered an advance payment of rental or a measure of Lessor's damages in case of default by Lessee. The Security Deposit shall be held, applied to damages or rent and returned to Lessee all in accordance with the laws of the state where the premises are located and in force at the time of execution of this lease. Lessor may, from time to time, to the extent permitted by the laws of the state where the premises are located, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages of rent or to satisfy any other covenant, obligation or default of Lessee hereunder, including Lessee's obligations to others due to be paid by Lessee under the provisions of this Lease. Following any such application of the Security Deposit, Lessee shall pay to Lessor simultaneously with on demand the execution amount so applied in order to restore the Security Deposit to its original amount. If Lessor transfers Lessor's interest in the premises during the term of this Lease Agreement a sum zero Lease, Lessor may assign the Security Deposit to the transferee and 00/100 Dollars ($0,000.00) (the “thereafter shall have no further liability forthe return ofsuch Security Deposit”) as security for . LESSOR'S RIGHT TO PAY LESSEE'S OBLIGATIONS TO OTHERS: Lessor reserves the full and faithful performance right, but not the obligation, in addition to any other right or remedy, to pay Lessee's obligations to others due to be paid by Lessee of each and every term, covenant and condition under the provisions of this Lease AgreementLease, including, but not limited to, utilities, after five (5) days notice of Lessor's intention to do so to Lessee. Upon an Event In the event of Default any such payment by Lessor, such payment shall constitute Additional Rent payable by Lessee under this Lease AgreementLease, due from Lessee to Lessor at the next rent day after any such payment. LIENS: Lessee shall not do any act which shall in any way encumber the title of Lessor in and to the premises, nor shall Lessee create or if Lessee fails permit to perform be created, and shall promptly discharge, any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform such lien (including, but not limited to, any damages mechanic's, contractor's, subcontractor's or deficiency in material man's lien or any lien, encumbrance or charge arising out of any conditional sale, title retention agreement, chattel mortgage, security agreement, financing statement or otherwise) upon the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole premises or any part of thereof or the Security Deposit income therefrom, and Lessee shall not suffer any other matter or thing whereby the estate, rights and interest of Lessor in the premises or any part thereof might be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Depositimpaired. If Lessee shall fail to cause any such lien to be discharged of record, then Lessor, after five (5) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Lessor shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Lessor and all costs and expenses (including reasonable attorneys' fees) incurred by Lessor in connection therewith shall constitute Additional Rent payable by Lessee under this Lease, due from Lessee to Lessor at the next rent day after any such payment. This Lease shall constitute notice that Lessor shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the premises for Lessee upon credit, and that no mechanic's or other sums when due under this Lease Agreement more than three (3) times lien for such work or materials shall attach to or affect the estate or interest of Lessor in and to the premises, unless specifically ordered by Lessor in writing. Lessee shall have no power to do any twelve (12) month periodact or make any contract that may create or be the foundation for any lien, irrespective mortgage or other encumbrance upon the estate of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to or any other interest of Lessor in the greater of (i) three (3) times premises, the aforesaid amount Building or (ii) three (3) months rentthe other lmprovements or any part thereof.
Appears in 1 contract
Sources: Commercial Lease Agreement (EdgeTech International Inc)
Security Deposit. Lessee shall pay to Lessor simultaneously Simultaneously with the execution and delivery of this Lease Agreement a sum zero and 00/100 Dollars (sublease by Subtenant, Subtenant has deposited with Sublandlord $0,000.00) (the “Security Deposit”) 42,550.00 as security for the full and faithful performance by Lessee Subtenant of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee its obligations under this Lease AgreementSublease; it being expressly understood and agreed that Subtenant shall pay rent for the last calendar month of the term hereof promptly on the first day of such month. If Subtenant shall fail to perform or observe, or if Lessee fails to perform shall breach or violate, any of the terms, provisions and covenants, conditions or agreements of this Lease AgreementLease, Lessor including but not limited to the payment of Sublease Rent, Sublandlord may use, apply, apply or retain the whole or any part of such deposit to the Security Deposit so deposited extent required for the payment of any such Sublease Rent or additional rent or any other sum due Lessor as to which Subtenant is in default or for any sum which Lessor Sublandlord may expend or may be required to expend by reason of Tenant’s non-performance, non-observance, breach or violation of any of the Lessee’s Event terms, covenants, conditions or agreements of Default or failure to perform includingthis Sublease, including but not limited to, any damages or deficiency in the reletting re-letting of the Leased Premises, provided, however, that any whether such damages or deficiency accrues before or after summary proceedings or other re-entry by Sublandlord. Sublandlord shall not be required so to use, application apply or retention by Lessor of retain the whole or any part of said deposit, but if the Security Deposit whole or any part thereof is so used, applied or retained, Subtenant shall not be upon demand immediately deposit with Landlord a sum equal to the amount so used, applied or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood retained. If Subtenant shall fully and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall faithfully comply with all of the terms, covenants covenants, conditions and conditions agreements of this Lease AgreementSublease, the Security Deposit deposit or any balance thereof remaining shall be returned to Lessee Subtenant after the date fixed as the end of this Lease or of any renewal or extension thereof within thirty (30) days after Lessee has vacated and surrendered delivery of entire possession of the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee to Sublandlord Sublandlord shall then not be existing under the terms of this Lease Agreementrequired to pay Subtenant any interest on said security deposit. In no event shall the event of a sale of security deposited hereunder be construed as liquidated damages or in any way limit Sublandlord’s right to recover damages or any sum due Sublandlord hereunder or permitted by law. If this Sublease shall be assigned, the Building or security deposit shall be deemed assigned to the Projectassignee, Lessor and Sublandlord shall have no liability to return the right to transfer the Security Deposit same to the purchaser, assignor provided an assignment and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely assumption agreement is delivered to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentTenant.
Appears in 1 contract
Security Deposit. Lessee shall pay (A) Subject to Lessor simultaneously subparagraph 24(B) below, Sublessee has deposited with Escrow Agent, the execution sum of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) 119,466.67 as security for the full and faithful performance and observance by Lessee Sublessee of each the terms, covenants, conditions, provisions and every term, covenant and condition agreements of this Lease AgreementSublease. Upon an Event Escrow Agent shall release such security to Sublessor upon its receipt of Default a copy of the Sublease Consent executed by Lessee under this Lease Agreement, or if Lessee fails to perform the Underlying Landlord. It is agreed that in the event Sublessee defaults in respect of any of the terms, covenants, conditions, provisions and conditions agreements of this Lease AgreementSublease, Lessor including, but not limited to, the payment of fixed rent and additional rent, Sublessor may use, apply, apply or retain the whole or any part of the Security Deposit security so deposited to the extent required for the payment of any fixed rent and additional rent or any other sum due Lessor as to which Sublessee is in default or for any sum which Lessor Sublessor may expend or may be required to expend by reason of Sublessee’s default in respect of any of the Lessee’s Event terms, covenants, conditions, provisions and agreements of Default or failure to perform this Sublease, including, but not limited to, any damages or deficiency in the reletting of the Leased Premisesdemised premises, provided, however, that any whether such use, application damages or retention deficiency accrued before or after summary proceedings or other re-entry by Lessor of the whole Sublessor. If Sublessor so applies or retains any part of the Security Deposit shall not be security, Sublessee shall, within five (5) days of demand made by Sublessor in a written notice to Sublessee, promptly deposit with Sublessor the amount so applied or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor retained so that Sublessor shall have the right to pursue any and full deposit on hand at all other remedies available to it under times during the terms term of this Lease Agreement or otherwiseSublease. In the event that Lessee Sublessee shall fully and faithfully comply with all of the terms, covenants covenants, conditions, provisions and conditions agreements of this Lease AgreementSublease, the Security Deposit security shall be returned to Lessee within thirty (30) days Sublessee after Lessee has vacated the Expiration Date and surrendered after delivery of entire possession of the Leased Premises demised premises to Sublessor in accordance with the terms hereof, so long as no Event of Default condition required by Lessee shall then be existing under the terms of this Lease AgreementUnderlying Lease. In the event of a sale an assignment by Sublessor of its interest under the Building or the ProjectUnderlying Lease, Lessor Sublessor shall have the right to transfer the Security Deposit security and Sublessee agrees to look to the purchaser, and Lessor shall thereupon be released from all liability new sublessor solely for the return of said security and it is agreed that the provisions hereof shall apply to every transfer or assignment made of the security to a new sublessor. Sublessee further covenants that it shall not assign or encumber or attempt to assign or encumber the monies deposited herein as security and that neither Sublessor nor its successors or assigns shall be bound by any such Security Depositassignment, encumbrance, attempted assignment or attempted encumbrance.
(B) In lieu of the cash security deposit referred to in subparagraph 24(A) above, Sublessee may deliver to Escrow Agent and maintain in effect at all times during the term of this Sublease following delivery thereof, a clean, unconditional and irrevocable letter of credit, in substantially the form annexed hereto as Schedule B, in the amount of $119,466.67 issued by a banking corporation (“Bank”) reasonably satisfactory to Sublessor and having its principal place of business or its duly licensed branch in the City and County of New York at which the letter of credit may be presented for payment. Lessee Escrow Agent shall deliver any such letter of credit to Sublessor upon its receipt of a copy of the Sublease Consent executed by the Underlying Landlord. Such letter of credit shall have an expiration date no earlier than the first anniversary of the date of issuance thereof and shall provide that it shall be automatically renewed from year to year unless terminated by the Bank by notice to Sublessor given not less than ninety (90) days prior to the then expiration date therefor. It is agreed that in the event Sublessee defaults in respect of any of the terms, covenants, conditions, provisions or agreements of this Sublease, including, but not limited to, the payment of fixed rent and additional rent, or if the letter of credit is terminated pursuant to the preceding sentence and is not replaced within thirty (30) days prior to its expiration date that (i) Sublessor shall have the right to require the Bank to make payment to Sublessor of so much of the entire proceeds of the letter of credit as shall be reasonably necessary to cure the default, and (ii) Sublessor may apply said sum so paid to it by the Bank to the extent required for the payment of any fixed rent or additional rent or any other sum as to which Sublessee is in default or for any sum which Sublessor may expend or may be required to expend by reason of Sublessee’s default in respect of any of the terms, covenants, conditions, provisions and agreements of this Sublease, including, but not limited to, any damages or deficiency in the reletting of the demised premises, whether such damages or deficiency accrues before or after summary proceedings or other re-entry by Sublessor, without thereby waiving any other rights or remedies of Sublessor with respect to such default. If Sublessor applies any part of the proceeds of the letter of credit, Sublessee, upon demand, shall promptly deposit with Sublessor, the amount so applied or retained so that Sublessor shall have the full deposit on hand at all times during the term of this Sublease. If Sublessee shall fully and faithfully comply with all of the terms, covenants, conditions, provisions and agreements of this Sublease, any letter of credit, or any remaining portion of any sum collected by Sublessor hereunder from the Bank, together with any other portion or sum held by Sublessor as security, shall be returned to Sublessee after the Expiration Date and after delivery of the entire possession of the demised premises to Sublessor in the condition required by the Underlying Lease. In the event of an assignment by Sublessor of its interest under the Underlying Lease, Sublessor shall have the right to transfer the security and Sublessee agrees to look solely to the new landlord sublessor solely for the return of such Security Depositsaid security and it is agreed that the provisions hereof shall apply to every transfer or assignment made of the security to a new sublessor. If Lessee Sublessee shall fail have the right to pay Rent or other sums when due under substitute one letter of credit for another, provided that, at all times, the letter of credit shall meet the requirements of this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentsubparagraph 24(B).
Appears in 1 contract
Sources: Sublease Agreement (Ampex Corp /De/)
Security Deposit. Lessee shall pay to Lessor simultaneously (a) Tenant has deposited with Landlord the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) Deposit as security for the full full, faithful and faithful punctual performance by Lessee Tenant of each and every term, covenant and condition all of the terms of this Lease AgreementLease, whether in cash or by delivery to Landlord of a clean, irrevocable letter of credit in the amount of the Security Deposit. Upon an Event In the event Tenant defaults in the performance of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions terms of this Lease AgreementLease, Lessor including the payment of Rent, Landlord may use, apply, apply or retain the whole or any part of the Security Deposit so deposited to the extent required for the payment of any Rent or for any sum due Lessor or which Lessor Landlord may expend or may be required to expend by reason of Tenant's default in respect of any of the Lessee’s Event terms of Default or failure to perform includingthis Lease, but not limited to, including any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application whether accruing before or retention after summary proceedings or other reentry by Lessor Landlord. In the case of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding every such use, application or retention, Lessor Tenant shall, on demand, pay to Landlord the sum so used, applied or retained which shall have the right be added to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit so that the same shall be replenished to its former amount and Tenant's failure to do so shall be a material breach of this Lease. Landlord shall keep such deposit separate from its general accounts in an interest bearing account, which accrued interest shall be added to the principal amount of the Security Deposit. The Security Deposit shall not be deemed a limitation on Landlord's damages or a payment of liquidated damages or a payment of the monthly Rent due for the last month of the Term of this Lease. The Security Deposit and accrued interest, or so much of it as has not been applied by Landlord to cure defaults, as described in this Section 24.01, shall be returned to Lessee Tenant together with an itemized account of any deductions therefrom after the termination of this Lease and within thirty forty-five (3045) days after Lessee has vacated and surrendered delivery of exclusive possession of the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreementto Landlord. In the event of a sale or lease of the Building or the ProjectBuilding, Lessor Landlord shall have the right to transfer the Security Deposit to the purchaser, vendee or lessee and Lessor Landlord shall thereupon immediately be released by Tenant from all liability for the return of such Security Deposit. Lessee shall ; and Tenant agrees to look solely to the new owner or landlord for the return of said 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 owner or landlord. Tenant shall not assign or encumber or attempt to assign or encumber the monies deposited herein as the Security Deposit and neither Landlord nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or encumbrance. This Lease does not create a trust relationship between Landlord and Tenant with respect to such Security Deposit, and Landlord shall be entitled to treat such Security Deposit as Landlord's own property, subject only to Tenant's right to receive repayment of it as and to the extent provided in this Section.
(b) If the Security Deposit is in the form of an unconditional, irrevocable letter of credit, such letter of credit shall be issued by a financial institution reasonably acceptable to 57 -52- Landlord and in the form of Exhibit G hereto. The letter of credit shall be renewed by Tenant at least thirty (30) days prior to expiration and shall remain in effect until forty-five (45) days after the scheduled end of the Term of the Lease, as such Term may be renewed or extended.
(c) On the last day of the third Lease Year and/or on the last day of the fourth Lease Year, if Tenant meets the Creditworthiness Test set forth in Section 24.01(d) below, is not in default under the Lease beyond any applicable grace or cure period, and in particular if Tenant is current in its payment of all amounts of Fixed Rent and Additional Rent then due, $103,750 of the Security Deposit shall be refunded to Tenant on each such date, or if the Security Deposit is in the form of an unconditional, irrevocable letter of credit, Landlord shall consent to a $103,750 reduction in the amount of said letter of credit on each such date.
(d) Tenant shall be entitled to reductions in the amount of the Security Deposit as described in subsection (c), above, if and only if, within thirty (30) days prior to the expiration of the third and/or fourth Lease Years Tenant has delivered to Landlord evidence reasonably acceptable to Landlord evidencing that the Tenant has satisfied the following creditworthiness test (the "CREDITWORTHINESS TEST"):
(i) If Lessee shall fail to pay Rent Tenant has rated long-term debt, its current rating must be: AA or other sums when due under this Lease Agreement more than three better (if rated by Mood▇'▇ ▇▇▇estors Service) and AA or better (if rated by Standard & Poor's); or
(ii) If Tenant does not have rated long-term debt, Tenant must have: (1) current stockholder's equity of at least Seven Million Five Hundred Thousand ($7,500,000) Dollars, (2) current assets of at least Twenty Million ($20,000,000) Dollars, (3) times EBIT of at least Seven Million Five Hundred Thousand ($7,500,000) Dollars for Tenant's most recently concluded fiscal year, (4) a current ratio of at least 1.5, and (5) a ratio of Gross Margin to Revenue of at least 60%.
(e) If Tenant shall have exercised its Renewal Option (as such term is defined in any twelve (12) month periodSection 26.01 hereof), irrespective as a condition of whether or not such delinquencies the commencement of the Renewal Term, and provided that Tenant continues to meet the Creditworthiness Test, the Security Deposit, as it may have been curedreduced pursuant to this Section 24.01, then shall continue to be held by Landlord pursuant to the terms of this Section 24.01 (a), and shall not be further reduced. If Tenant does not meet the Creditworthiness Test upon commencement of the Renewal Term, Tenant shall increase the Security Deposit shall, within ten (10) days after demand as reasonably required by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLandlord.
Appears in 1 contract
Security Deposit. Lessee shall pay deposit with Lessor on demand therefor, an amount equal to Lessor simultaneously with the execution of this Lease Agreement a sum zero Eight Hundred Thousand and 00/100 Dollars ($0,000.00800,000.00) (the “Security Deposit”) which shall be held by Lessor, without liability for interest, as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreementthrough the initial Term of this Lease. If an Event of Default occurs hereunder, Lessor, at its option, may apply said deposit or any part thereof to compensate Lessor for loss, cost, damage or expense sustained due to such Event of Default. Upon Lessor’s request, Lessee shall forthwith remit to Lessor cash sufficient to restore said sum to the original sum deposited. Lessee’s failure to do so within five days after receipt of a demand therefor shall be an Event Default under this Lease. If at the end of the Term no uncured Event of Default exists hereunder, the Security Deposit balance of such security deposit shall be returned to Lessee within (or, if Lessee has previously elected to provide the letter of credit described in this Section 3.3, the letter of credit shall be returned to Lessee). Lessor may deliver the security deposited hereunder to any purchaser or successor to Lessor’s interest in this Lease or the Leased Property, and may assign its interest in the letter of credit to a successor (without the necessity of obtaining the issuer’s consent), and thereupon Lessor shall be discharged from all liability with respect to such deposit. Neither said deposit nor the application thereof by Lessor, as hereinabove provided, shall be a bar or defense to any action in unlawful detainer or to any action which Lessor may at any time commence for an uncured Event of Default in Lessee’s performance of the covenants or conditions of this Lease. In lieu of the foregoing, Lessee may elect to deposit with Lessor an irrevocable standby letter of credit in favor of Lessor in the amount described in this Section 3.3. In such event, said letter of credit shall be delivered to Lessor no later than thirty (30) days after Lessee has vacated from the mutual execution and surrendered delivery of this Lease, and shall be issued by financial institutions, and in form, satisfactory to Lessor and Lessor’s Assignee. Throughout the Leased Premises in accordance with initial Term of this Lease, at least thirty (30) days prior to the terms hereofexpiration of such letter of credit, so long as no Event of Default by Lessee shall then be existing under deliver to Lessor a replacement or renewal of same. Failure to timely deliver such replacement or renewal within said thirty (30) day period shall permit Lessor to immediately (and without notice to Lessee) draw down upon such letter of credit in the terms of this Lease Agreement. In full amount and to hold the event of a sale of cash proceeds as the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentsecurity deposit hereunder.
Appears in 1 contract
Security Deposit. Lessee shall pay The security deposit agreed upon by the PARTIES amounts to Lessor simultaneously with the execution US$ 40,096 (forty thousand, ninety-six United States Dollars), equivalent to two months’ rent. Given that LESSEE has paid to LESSOR a security deposit of this Lease Agreement a sum zero US$ 12,806 (twelve thousand, eight hundred and 00/100 Dollars ($0,000.00six United States Dollars) (the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lesseeprevious lease agreement (signed on March 31, ▇▇▇▇), ▇▇▇▇▇▇ herein delivers to LESSOR the amount of US$ 27,290 (twenty-seven thousand, two hundred and ninety United States Dollars) to fully pay the security deposit agreed upon. For this purpose, LESSEE herein delivers to LESSOR a check payable to LESSOR’s Event order for the amount of Default Argentine Pesos sufficient to purchase the amount of dollars specified above. This agreement shall be sufficient evidence of receipt thereof. Such amount shall not accrue any interest whatsoever and shall be used as compensation for any damages that LESSEE may cause to the leased premises from the moment delivery of possession is received. The amount shall be reimbursed to LESSEE upon termination of the agreement and when the premises are returned in the conditions established herein and once any amounts owed or necessary to restore the missing items or items to be replaced have been deducted. The parties agree that LESSOR’s failure to perform includingreimburse the amount given as Security Deposit by LESSEE shall empower LESSEE, but not limited to, any damages or deficiency once the premises are delivered in the reletting agreed-upon conditions and the proportional amounts owed by LESSEE for the consumption of public utility services are paid, all of which shall not exceed a period of twenty (20) business days from the date the premises are delivered to LESSOR, to file for a summary proceeding claiming the undue withholding of the Leased Premises, provided, however, that any such use, application or retention by Lessor amount without prior notice to LESSOR being necessary. The delayed reimbursement of the whole or any part security deposit shall entail the LESSOR’s default and undue withholding of the Security Deposit amount, and shall not be or be deemed consequently accrue a monthly penalty interest equivalent to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have 2% per month for the right to pursue any and all other remedies available to it under period during which the terms of this Lease Agreement or otherwise. In security deposit was withheld from the event that Lessee shall comply with all termination of the terms, covenants agreement and conditions the delivery of this Lease Agreement, the Security Deposit leased premises until the effective reimbursement. The PARTIES agree that such amount shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereofpaid at LESSOR’s offices located at Tronador 4890 10º piso, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentCapital Federal.
Appears in 1 contract
Sources: Lease Agreement (Mercadolibre Inc)
Security Deposit. Lessee shall pay to Lessor simultaneously with the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as As security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions conditions and conditions covenants of this Lease AgreementLease, as well as to indemnify the Lessor may usefor damages, applycosts, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or expenses and attorneys's fees to which Lessor may expend or be required to expend put by reason of any default by Lessee, Lessee hereby agrees to deposit with the Lessee’s Event Lessor the sum of Default or failure six thousand Dollars, ($6,000), at least one-half of said sum shall be paid at time of signing this Lease and any balance of said sum shall be paid prior to perform including, but not limited to, any damages or deficiency in the reletting taking of possession of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwisepremises hereby demised. In the event that Lessee shall comply with be in default at any time prior to termination hereof, then Lessor may apply the security deposit in payment of its costs, expenses and attorney's fees in enforcing the terms hereof, and/or in payment of any damages or loss suffered by Lessor, provided that nothing herein contained shall be construed to mean that the recovery of damages by Lessor against Lessee shall be limited to the sum of the Security Deposit. In the event any portion or all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit is applied as aforesaid, then Lessee shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered notification of such expenditures from said Security Deposit deposit with Lessor additional sums so that the Leased Premises Security Deposit in accordance with the terms hereof, so long as no Event hands of Default by Lessee Lessor shall then be existing under at all times during the terms of this Lease Agreement. In the event of a sale term of the Building or the Project, Lessor shall have the right Lease total six thousand Dollars ($6,000). Subject to transfer application of the Security Deposit to the purchaserpayment of sums due in accordance with the foregoing provisions, any moneys remaining in the hands of the Lessor as Security Deposit, upon termination of the Lease, shall be refunded to the Lessee: Lessor may transfer or deliver this Security Deposit, as such, to the purchaser of the reversion, in the event that the reversion be sold, and thereupon Lessor shall thereupon be released discharged from all any further liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentreference thereto.
Appears in 1 contract
Security Deposit. (a) Lessee shall pay to Lessor has, simultaneously with the execution of this Lease Agreement a Lease, deposited with Lessor, in cash or by check subject to collection, the sum zero of eight thousand and 00/100 Dollars ($0,000.00) (the “Security Deposit”) 8,000.00). Said deposit shall be held as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, covenants, provisions and conditions of this Lease AgreementLease. It is agreed that in the event Lessee defaults in respect to any of the terms, covenants, provisions and conditions of this Lease, including (but not limited to) the payment of Base Rent or Additional Rent, and fails to cure any such defaults within applicable grace periods, Lessor may use, apply, apply or retain appropriate the whole or any part of the Security Deposit security so deposited to the extent required for the payment of any sum due Lessor Base Rent or which Lessor may expend Additional Rent or be required for the curing of any defaults by Lessee hereunder pursuant to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, Paragraph 29 hereof; provided, however, that any no such use, application application, or retention by Lessor appropriation of the whole or any part of the Security Deposit deposit shall not be or be deemed to be an election relieve Lessee of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms breach of this Lease Agreement and shall be in addition to other remedies under this Lease.
(b) Should the entire deposit or otherwise. In any portion thereof be appropriated and applied by Lessor under the event that foregoing provisions, then Lessee shall comply with all (upon the written demand of Lessor) forthwith remit to Lessor a sufficient amount in cash to restore said security to the termsoriginal sum deposited, covenants and conditions Lessee's failure to do so within ten (10) days after receipt of such demand shall itself constitute an event of default under this Lease Agreement, the Security Deposit Lease.
(c) The security deposit (less any amounts applied as provided in subsection (a) above) shall be returned to Lessee within thirty (30) days after Lessee has vacated the date fixed as the end of the Term of this Lease and surrendered delivery of entire possession of the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. to Lessor.
(d) In the event of a sale sale, leasing or other transfer of the Building or land and building of which the ProjectLeased Premises forms a part, Lessor shall have the right to transfer the Security Deposit to the purchaser, security and Lessor shall thereupon be released by Lessee from all liability for the return of such Security Depositsecurity deposit. Lessee shall look solely to the new landlord Lessor solely for the return of said deposit. The provisions of this Paragraph 4(d) shall apply to every transfer or assignment made of the security deposit to a new Lessor.
(e) Lessee covenants that it will not assign or encumber or attempt to assign to encumber the security deposited herein and that neither Lessor nor its successors or assigns shall be bound by any such Security Deposit. If assignment, encumbrance, attempted assignment or attempted encumbrance.
(f) Lessee shall fail not be entitled to pay Rent any interest on the security deposit, and such funds need not be segregated or other sums when due held as escrow by Lessor.
(g) It is expressly understood and agreed that, in the event of any termination of this Lease or re-entry upon or reletting of the Leased Premises on account of any default on the part of Lessee under this Lease, then, and in such event, the deposit shall be retained and be subject to appropriation by Lessor until this Lease Agreement more than three (3) times in any twelve (12) month periodwould, irrespective of whether or not by its terms, have expired absent such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentdefault.
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Sources: Assignment and Assumption of Leases (North American Vaccine Inc)
Security Deposit. Lessee shall pay to Lessor simultaneously with LESSOR acknowledges that it has received from LESSEE the execution sum of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) $ 2,697.40 (the “"Security Deposit”) as "), which amount shall be security for the full and faithful performance and observance by Lessee LESSEE of each its covenants and every termobligations under this Lease. No interest shall be payable on the Security Deposit, covenant and condition it is agreed and acknowledged by LESSEE that the Security Deposit is not an advance payment of this Lease Agreementrent or a measure of LESSOR's damages in the case of default by LESSEE. Upon an Event the occurrence of Default by Lessee a default under this Lease AgreementLease, or if Lessee fails to perform any of the termsLESSOR may, provisions and conditions of this Lease Agreementbut shall not be obligated to, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited to the extent required for the payment of any sum due Lessor rental and additional rent or any other sums to which Lessor may expend LESSEE is in default or be required to expend by reason for the payment of the Lessee’s Event of Default any other damage, injury, expense, or failure to perform including, but not limited to, liability resulting from any damages or deficiency in the reletting of the Leased Premises, provided, however, that default. Following any such use, application or retention by Lessor of the whole or any part of the Security Deposit, LESSEE shall pay to LESSOR on demand the amount necessary to restore the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseits original amount. In the event that Lessee LESSEE shall fully and faithfully comply with all of the terms, its covenants and conditions of obligations under this Lease AgreementLease, the Security Deposit shall be returned to Lessee LESSEE within thirty (30) days after Lessee has vacated the expiration of the term of this Lease and surrendered after delivery of possession of the Leased Premises of LESSOR in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale or lease of the Building or the ProjectBuilding, Lessor subject to this Lease, LESSOR shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such the Security Deposit. Lessee Deposit and LESSEE shall look solely to the new landlord lessor for the return of such the Security Deposit. If Lessee This provision shall fail apply to pay Rent every transfer or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month periodassignment made of the Security Deposit to a new lessor. Any mortgagee or ground lessor shall not be responsible to LESSEE for the return or application of the Security Deposit, irrespective of whether or not such delinquencies have been curedit succeeds to the position of LESSOR hereunder, then unless the Security Deposit shall, within ten (10) days after demand shall have been received in hand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount such mortgagee or (ii) three (3) months rentground lessor.
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