Common use of Security Deposit Clause in Contracts

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 36 contracts

Sources: Annual Report, Form 10 K/A, Lease Agreement (Staar Surgical Company)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 24 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (CCC Globalcom Corp), Lease Agreement (Meade Instruments Corp), Standard Industrial/Commercial Single Tenant Lease (Vdi Media)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's its obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderRent, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time If the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current increased Base Rent as the initial Security Deposit bears bore to the initial Base Rent set forth Rent. Should the Agreed Use be amended to accommodate a material change in Paragraph 1.5the business of Lessee or to accommodate a sublessee or assignee, Lessor shall have the right to increase the Security Deposit to the extent necessary, in Lessor's reasonable judgment, to account for any increased wear and tear that the Premises may suffer as a result thereof. If a change in control of Lessee occurs during this Lease and following such change the financial condition of Lessee is, in Lessor's reasonable judgment, significantly reduced, Lessee shall deposit such additional monies with Lessor as shall be sufficient to cause the Security Deposit to be at a commercially reasonable level based on said change in financial condition. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at Within fourteen (14) days after the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assigneethis Lease, if anyLessor elects to apply the Security Deposit only to unpaid Rent, of Lessee's interest herein)and otherwise within thirty (30) days after the Premises have been vacated pursuant to Paragraph 7.4(c) below, Lessor shall return that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 16 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (Cii Financial Inc), Standard Industrial/Commercial Single Tenant Lease (Alphatec Holdings, Inc.), Standard Industrial/Commercial Single Tenant Lease (Alphatec Holdings, Inc.)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 8 contracts

Sources: Standard Office Lease (Guess Inc Et Al/Ca/), Standard Office Lease (Superior National Insurance Group Inc), Office Lease (Mission Community Bancorp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Lessee. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 7 contracts

Sources: Standard Office Lease (Cerplex Group Inc/De), Lease Agreement (Us Search Corp Com), Office Sublease (Equinix Inc)

Security Deposit. Lessee agrees that a security deposit in the amount of shall be paid to Lessor prior to occupancy. Said deposit shall be refunded to Lessee when Lessee surrenders said premises, subject to the conditions hereinafter set forth. Any deposits paid by Lessee for the privilege of housing a pet, with prior Lessor approval will be detailed separately on Lessee’s Pet Addendum. LESSEE IS NOT ALLOWED TO SUBSTITUTE OR APPLY THE SECURITY DEPOSIT FOR RENT OR OTHER CHARGES OWING. 2.1 Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease have seven (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (107) days after written date of occupancy to do any of the following: Make an inspection of said premises and complete and sign the Apartment Inspection Report which is provided herewith listing therein, among other things asked for, any defects or needed repairs in or about the premises. Lessee is responsible for giving notice to Lessor of any required service, or request therefore deposit monies with Lessor sufficient to restore said Security Deposit in writing a list of physical damages or defects, if any, charged to the full amount required previous tenant's security deposit. 2.2 Said premises shall be left by this LeaseLessee in a clean and undamaged condition. Any time The cost or estimate of repairing any damage to said premises which is not listed in the Base Rent increases during Apartment Inspection Report shall be deducted from the term security deposit, as will the cost of this Leaserestoring the premises to a clean and rentable condition, normal wear and tear excepted. 2.3 Subject to the provisions of Wisconsin Law, all other charges not paid currently shall also be deducted from the security deposit. 2.4 Lessee shall, upon written request from Lessorin writing and within five (5) days of surrendering said premises, deposit additional monies provide Lessor with Lessor as an addition address to which the Security Deposit so that the total amount refundable portion of the Security Deposit shall at all times bear the same proportion security deposit may be returned to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accountsLessee. Lessor shall, within twenty-one (21) days after Lessee surrenders said premises, return the refundable portion of said security deposit to Lessee at the expiration written address provided for such refund or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein)last known address, that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment providing therewith a written statement accounting for any monies to be paid by Lessee under this Leaseamounts withheld.

Appears in 7 contracts

Sources: Lease Agreement, Lease Agreement, Lease Agreement

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 5 contracts

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

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's its obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderRent, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at Within fourteen (14) days after the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assigneethis Lease, if anyLessor elects to apply the Security Deposit only to unpaid Rent, of Lessee's interest herein)and otherwise within thirty (30) days after the Premises have been vacated pursuant to Paragraph 7.4(c) below, Lessor shall return that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 4 contracts

Sources: Lease Agreement (Sync Research Inc), Standard Industrial/Commercial Single Tenant Lease Net (Agouron Pharmaceuticals Inc), Lease Agreement (Anadys Pharmaceuticals Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee▇▇▇▇▇▇'s faithful performance of Lessee▇▇▇▇▇▇'s obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee ▇▇▇▇▇▇ has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee▇▇▇▇▇▇'s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor▇▇▇▇▇▇, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 4 contracts

Sources: Lease Agreement (Future Media Productions), Lease Agreement (Future Media Productions), Standard Industrial/Commercial Single Tenant Lease (Prolong International Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If It Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full tuft amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if it any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 4 contracts

Sources: Purchase and Sale Agreement (Artest Corp), Purchase and Sale Agreement (Artest Corp), Sublease Agreement (Artest Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor 13.1).,Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, ; upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 4 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc), Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc), Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 $5,000.00 security deposit shall remain as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Deposit, deposit Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount required by hereinabove stated and Lessee's failure to do so shall be a material breach of this Lease. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessor, shall thereupon deposit additional monies with Lessor as an addition to the Security Deposit additional security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent rent as the initial Security Deposit original security deposit bears to the initial Base Rent original monthly rent set forth in Paragraph 1.5paragraph 4 hereof. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 3 contracts

Sources: Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Alpha Technologies Group Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee’s default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Lessee. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee’s obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 3 contracts

Sources: Standard Office Lease (Elastic N.V.), Standard Office Lease (Elastic N.V.), Standard Office Lease (Altris Software Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in In Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 3 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Details Inc), Standard Industrial/Commercial Single Tenant Lease Net (Details Capital Corp), Standard Industrial/Commercial Single Tenant Lease Net (Details Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 $-0- as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount required by hereinabove stated and Lessee's failure to do so shall be a material breach of this Lease. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessor, shall thereupon deposit additional monies with Lessor as an addition to the Security Deposit additional security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent rent as the initial Security Deposit original security deposit bears to the initial Base Rent original monthly rent set forth in Paragraph 1.5paragraph 4 hereof. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 3 contracts

Sources: Standard Industrial Lease (Optical Access Inc), Industrial Sub Lease (Oralabs Holding Corp), Standard Industrial Lease (Unity First Acquisition Corp)

Security Deposit. Upon execution of this Lease, Lessee shall ---------------- deposit the amount specified in the Summary as a security deposit ("Security Deposit"), with Lessor upon Lessee's execution hereof the Lessor. The Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of shall secure Lessee's obligations under this LeaseLease to pay Rent and other monetary amounts, to maintain the Premises and repair damages thereto, to surrender the Premises to Lessor in clean condition and repair upon termination of this Lease and to discharge Lessee's other obligations hereunder. If Lessee fails to pay Base Rent or other rent or charges due perform Lessee's obligations hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)Lessor may, Lessor may usebut without any obligation to do so, apply or retain all or any portion of said the Security Deposit for the payment towards fulfillment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofLessee's unperformed obligations. If Lessor uses or applies all or does so apply any portion potion of said the Security Deposit, Lessee Lessee, upon demand by Lessor, shall within ten (10) days after written request therefore deposit monies with immediately pay Lessor a sufficient amount in cash to restore said the Security Deposit to the full original amount. Lessee's failure to forthwith remit to Lessor an amount required in cash sufficient to restore the Security Deposit to the original sum deposited within five (5) days after receipt of such demand shall constitute an Event of Default defined in Article 17). The Security Deposit shall be held by this LeaseLessor with liability for interest at the annual rate or five and one-half percent (5.5%) for the time such deposit is held by Lessor. Any time Lessor is entitled to commingle the Base Rent increases during security deposits with its own funds and the term Lessor is not to be deemed a trustee of fiduciary for Lessee in respect of the security deposit. Upon termination of this Lease, if Lessee shallhas then performed all of Lessee's obligations hereunder, upon written request Lessor shall return the Security Deposit to Lessee. If Lessor sells or otherwise transfers Lessor's right or interest under this Lease, Lessor may deliver the Security Deposit to the transferee, whereupon Lessor shall be released from Lessor, deposit additional monies any further liability to Lessee with Lessor as an addition respect to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 2 contracts

Sources: Office Lease (Citysearch Inc), Office Lease (Ticketmaster Online Citysearch Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof ’s receipt of the Security Deposit Initial SNDA the security deposit set forth in Paragraph 1.7 Section 1.9 of the Basic Lease Provisions as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Leasehereunder. If Lessee fails falls to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee’s default, or to reimburse or compensate Lessor for any liability, cost, expense, actual loss or actual damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Lessee. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Six (6) months prior to the then scheduled Expiration Date, Lessor shall, at shall provide Lessee with evidence reasonably satisfactory to Lessee that funds in the expiration or earlier termination amount of the term hereof Security Deposit have been reserved and after are available for refund to Lessee, subject to Lessor’s rights under this Section 5 to deduct sums therefrom. If Lessor fails to provide such evidence by such date, Lessee shall thereupon have the irrevocable right to offset its obligations to pay Rent up to the amount of the Security Deposit (and all interest earned thereon). If Lessee performs all of Lessee’s obligations hereunder, said deposit, or so much thereof as has vacated the Premisesnot heretofore been applied by Lessor, return shall be returned, with payment of all actual interest earned thereon, to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest hereinhereunder) at the expiration of the Term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit. In the event that Lessee’s non-pledged cash reserves (“Available Cash”) falls below the amount reasonably estimated by Lessee’s chief financial officer necessary to fund the reasonably anticipated cost of normal business operations for the following six (6) months (“Cash Requirement”), that portion Lessee shall provide Lessor with an irrevocable letter of credit (the “Letter of Credit”) with a term of at least one (1) year in an amount equal to the then unamortized principal amount of the Security Deposit Financed Cost (as defined in the Work Letter), which amount is referred to as the “Extra Deposit.” Lessee shall provide quarterly reports which shall include the budget referred to below and shall be prepared on a cash basis and shall also reasonably describe Lessee’s financial condition. The quarterly reports shall be submitted on or before the first day of each calendar quarter and shall be certified by Lessee’s chief financial officer. The quarterly reports must detail the level of Available Cash and current estimated costs of normal reasonably anticipated business operations for the next succeeding six (6) month period. If after providing the Letter of Credit, Lessee demonstrates pursuant to the next subsequent quarterly financial reports prepared in accordance with the requirements of this Section reasonably prepared by Lessee’s chief financial officer that its Available Cash is equal to or in excess of the Cash Requirement for the next six (6) month period, Lessor shall, within five (5) business days thereafter surrender the Letter of Credit. In no event shall Lessee be obligated to deliver such Letter of Credit or the quarterly reports after the initial Term. In the event that (x) Lessee delivers any quarterly report indicating that no Letter of Credit needs to be then delivered (the “Subject Report”) and (y) Lessor does not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessorhave possession of the Letter of Credit (delivered pursuant to a previous quarterly report) then, no part later than ninety (90) days after the delivery of the Security Deposit Subject Report and not after the next quarterly report has been delivered, during the initial Term (but not in any event during Lessee’s first fiscal quarter in any year), Lessor shall have the right to audit Lessee’s financial records relating to Lessee’s financial condition (other than those records and materials which are the subject (i) to any confidentiality agreement or non-disclosure obligation or (ii) of any attorney-client privilege or attorney work product doctrine) to confirm that Lessee is not obligated to deliver the Letter of Credit. Such audit must be concluded within thirty (30) days after commencement and shall be considered conducted by an independent firm of certified public accountants with a national or regional reputation and with extensive experience in auditing companies such as Lessee. Such auditors shall not be compensated on the basis of a contingency fee. In the event such audit discloses that the Available Cash was less than the Cash Requirement with respect to be held the period covered by such quarterly report, Lessee shall in trustaddition to providing the Letter of Credit, to bear interest shall pay the reasonable and actual cost of the audit (disregarding any bonus or other increment for its use, or incentive compensation). In no event shall Lessor have the right to be prepayment for any monies to be paid by Lessee conduct an audit under this LeaseSection 5 after Lessee has completed its initial public offering. At any time during the pendency of the audit, Lessee shall have the right to deliver the Letter of Credit and thereupon Lessor shall terminate the audit. Lessee shall have no right to challenge its obligation to deliver the Letter of Credit unless Lessee shall have delivered the Letter of Credit to Lessor “under protest.

Appears in 2 contracts

Sources: Office Building Lease (Xencor Inc), Office Building Lease (Xencor Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If It Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Multi Tenant Lease (DCH Technology Inc), Standard Industrial/Commercial Multi Tenant Lease (DCH Technology Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all of or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Anda Networks Inc), Lease Agreement (Anda Networks Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.118.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the tile Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Multi Tenant Lease (Supergen Inc), Lease Agreement (Supergen Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.113.1 ), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Zytec Corp /Mn/), Lease Agreement (Zytec Corp /Mn/)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), . Lessor may use, apply or retain all or any portion of said Security Deposit Deposits for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor Lessors uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Pets Com Inc), Lease Agreement (Pets Com Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee▇▇▇▇▇▇'s faithful performance of Lessee▇▇▇▇▇▇'s obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of ▇▇▇▇▇▇'s default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessora the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its Its general accounts. Lessor shallIf ▇▇▇▇▇▇ performs all of ▇▇▇▇▇▇'s obligations hereunder, at the expiration said deposit or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, . at Lessor▇▇▇▇▇▇'s option, to the last assignee, if any, of Lessee▇▇▇▇▇▇'s interest herein), that portion hereunder) at the expiration of the term hereof, and after ▇▇▇▇▇▇ has vacated the Premises. No trust relationship is created herein between ▇▇▇▇▇▇ and ▇▇▇▇▇▇ with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 2 contracts

Sources: Sublet Agreement (California Software Corp), Sublet Agreement (California Software Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request MULTI-TENANT -- MODIFIED NET (C)American Industrial Real Estate Association 1993 Initials:________ ________ 4 from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Metacreations Corp), Lease Agreement (Metacreations Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' attorneys fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (3dshopping Com), Standard Industrial/Commercial Multi Tenant Lease (Innovacom Inc)

Security Deposit. The Lessee shall agrees to deposit a security deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance under the Lease and by law. Lessee acknowledges that the security deposit may not be maintained by the Lessor and may be used to pay expenses of the property owner or paid to the property owner. The Lessee agrees the deposit is not an advance payment of rent and does not relieve the obligation to pay rent including rent for the last month of occupancy. At the expiration of the lease term Lessor may apply the security deposit for past due rent, fees, utilities, and/or the cost of repairing damage beyond reasonable wear and tear to the Premises. Also, abandonment or vacating of the Premises by Lessee before the end of the term of the lease shall result in Lessor deducting damages he/she has incurred from the security deposit. Each Lessee shall be jointly and severally responsible for all losses incurred by Lessor occasioned by the tenancy. Lessee agrees to provide Lessor, in writing, a forwarding address upon vacating the Premises. Lessor agrees to return to the Lessee the security deposit, or whatever part has not been applied in payment of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderthe lease, or otherwise Defaults under this Lease within thirty (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (1030) days after written request therefore deposit monies with Lessor sufficient expiration of the lease or delivery of possession of the Premises to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition whichever is last to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5occur. Lessor shall not All deductions will be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed itemized in writing by Lessor, no part . Lessor may seek damages in excess of the Security Deposit shall be considered security deposit and Lessee agrees to be held in trust, to bear interest or other increment for its use, or to be prepayment reimburse Lessor for any monies rent, fees, utilities due and/or damages exceeding the security deposit. One check will be issued for the return of security deposit funds and the check will be issued to all Lessees unless there are more than three lessees, in which case the Lessees will designate one Lessee to whom the check will be paid by Lessee under this Leaseissued.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Security Deposit. Lessee shall deposit with Lessor upon Lessee's ’s execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges changes due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Emmaus Holdings, Inc.), Standard Industrial/Commercial Multi Tenant Lease (Emmaus Holdings, Inc.)

Security Deposit. Upon signature of this Lease by the Lessee, the Lessee must provide the Lessor with a security deposit in the amount of Ten Thousand Dollars ($10,000.00) including G.S.T. and Q.S.T., (the “Security Deposit”). The Security Deposit is payable by certified cheque. The Lessor shall deposit with Lessor upon Lessee's execution hereof hold the Security Deposit set forth in Paragraph 1.7 as security for the complete fulfilment of all of the Lessee's faithful performance of Lessee's ’s obligations under this the Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases at anytime during the term Term, an amount for which the Lessee is responsible in virtue of this Leasethe Lease is not paid when due, Lessee shallthe Lessor may, upon written request from Lessorat its option and total discretion, deposit additional monies with Lessor as an in addition to its other rights or remedies in virtue of the Lease or by law, take and apply the Security Deposit so that or any part thereof towards the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the amount for which the Lessee is responsible, including expenses in this respect, the whole without prejudice to its other rights or remedies in virtue of the Lease or by law. In such event, the Lessee must, within five (5) days following the Lessor’s written demand, remit to the Lessor the necessary amount that will restore the Security Deposit separate to the amount initially deposited. If the Security Deposit or any part thereof is less than the amount or any part of the amount for which the Lessee is responsible in virtue of the Lease, the Lessee must pay any difference and must indemnify and save harmless the Lessor from all responsibility in this respect. However, the Lessor may, at its general accountsoption and total discretion and without prejudice to its other rights or remedies in virtue of the Lease or by law, pay the amount or any part of the amount that exceeds the Security Deposit or any part thereof, and in such event, the Lessee must reimburse the Lessor any excess, including expenses in this respect, within five (5) days following the Lessor’s written demand. If the Lessee is not in default at the expiration of the Term, and if the Premises are surrendered to the Lessor shallin accordance with the Lease, the Security Deposit or any part thereof still remaining shall be returned to the Lessee within thirty (30) five (5) days following the expiration of the Term. If the Premises are not surrendered to the Lessor in accordance with the Lease, and if the Lessor must clean and/or repair the Premises or remove Lessee’s signage and repair the Building in consequence thereof, at the expiration or earlier termination of the term hereof Term, the Lessor may, at its option and after Lessee has vacated total discretion, in addition to its other rights or remedies in virtue of the Lease or by law, take and apply the Security Deposit or any part thereof still remaining towards any expenses incurred by the Lessor for the cleaning and/or the repairing of the Premises. If the Security Deposit or any part thereof still remaining is less than the expenses incurred by the Lessor for the cleaning and/or the repairing of the Premises, return to the Lessee (or, at Lessor's option, must pay to the last assignee, if any, of Lessee's interest herein), that portion Lessor any difference within five (5) days following the Lessor’s written demand. In the event of the Security Deposit not used early termination or applied cancellation of this Lease or any extension or renewal thereof prior to the contractual termination date by either the Lessee or the Lessor and/or any third party, then any prepaid rent or sums remitted to the Lessor as security shall become the sole property of the Lessor without prejudice to the Lessor’s claim for accelerated rent or damages or other sums due. Unless otherwise expressly agreed in writing Any and all references to: expenses incurred by the Lessor, no part in this present article and/or anywhere else in the Lease shall be interpreted as follows: “Expenses incurred by the Lessor” include, without restriction, the sums spent by the Lessor for the cleaning and/or the repairing of the Security Deposit shall be considered Premises, the expenses in this respect, as well as an administration fee equal to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leasefifteen percent (15%).

Appears in 2 contracts

Sources: Lease Agreement (DAVIDsTEA Inc.), Lease Agreement (DAVIDsTEA Inc.)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Gametech International Inc), Lease Addendum (Gametech International Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Formfactor Inc), Standard Industrial/Commercial Multi Tenant Lease (Formfactor Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, shall at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), ) that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Homestead Com Inc), Standard Industrial/Commercial Multi Tenant Lease (Homestead Com Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), . Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Arterial Vascular Engineering Inc), Lease Agreement (Arterial Vascular Engineering Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in In Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this This Lease. If II Lessee fails falls to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including Including attorneys' fees) which Lessor may suffer or incur Incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full lull amount required by this Lease. Any time the Base Rent increases Increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in In Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its Its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after alter Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest Interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest Interest or other increment Increment for its Its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Amexdrug Corp), Lease Agreement (Amexdrug Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderafter any applicable cure period, or otherwise Defaults Breaches under this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time Should the Base Rent increases during Agreed Use be amended to accommodate a material change in the term business of this LeaseLessee or to accommodate a sublessee or assignee, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition shall have the right to increase the Security Deposit so to the extent necessary, in Lessor's reasonable judgment, to account for any increased wear and tear that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent Premises may suffer as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5a result thereof. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at Within fourteen (14) days after the expiration or earlier termination of this Lease, if Lessor elects to apply the term hereof Security Deposit only to unpaid Rent, and otherwise within thirty (30) days after Lessee has the Premises have been vacated the Premisespursuant to Paragraph 7.4(c) below, Lessor shall return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)

Security Deposit. Lessee shall deposit pay the Security Deposit to Lessor concurrently with Lessor upon Lessee's execution hereof and delivery of this Lease. Lessor shall hold the Security Deposit set forth in Paragraph 1.7 as security for Lessee's to secure the faithful performance by Lessee of Lessee's obligations under all of the terms, covenants, and conditions of this LeaseLease to be kept and performed by Lessee during the Term hereof. If Lessee fails defaults with respect to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under any provision of this Lease (as defined in Paragraph 13.1)beyond any applicable grace or cure periods, Lessor may (but shall not be required to) use, apply or retain all or any portion part of said this Security Deposit for the payment of rent or any amount due which Lessor may spend by reason of Lessee's default or to reimburse or compensate Lessor for any liability, cost, expense, other loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofof Lessee's default. If Lessor uses or applies all or any portion of said the Security DepositDeposit is so used or applied, Lessee shall shall, within ten (10) days after written request therefore demand therefor, deposit monies cash with Lessor in an amount sufficient to restore said the Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5its original amount. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accountsfunds, and Lessee shall not be entitled to interest on such deposit. Lessor shallIf Lessee fully and faithfully performs every obligation of Lessee under this Lease, at the expiration Security Deposit or earlier termination of the term hereof and after Lessee has vacated the Premises, return any balance thereof shall be returned to Lessee (or, at Lessor's option, to the last assignee, if any, assignee of Lessee's interests hereunder) within 30 days after the expiration of the Lease Term and after Lessee has vacated the Premises. In the event of termination of Lessor's interest herein)in this Lease, that portion of Lessor shall transfer the Security Deposit not used to Lessor's successor-in-interest, whereupon Lessor shall have no further liability for the return of or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of any accounting for the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 2 contracts

Sources: Lease (Infospace Inc), Lease Agreement (Go2net Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall shall, within ten (10) days after written request therefore therefor, deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Modtech Inc), Standard Industrial/Commercial Single Tenant Lease (Modtech Inc)

Security Deposit. Lessee shall shall, deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's the full and faithful payment and performance by Lessee of Lessee's its obligations under this Lease, and not as a prepayment of Rent. The Security Deposit shall be deposited with Lessor simultaneously with the execution and delivery of this Lease. For purposes of this Lease, the term “Security Deposit” shall mean and include all cash security deposited with Lessor pursuant to this Section. Any cash security held by Lessor pursuant to this section may be commingled with Lessor’s other funds. Lessor shall assign and deliver the Security Deposit to any transferee of the Building and thereafter Lessor shall have no further responsibility therefor. Upon the expiration (or earlier termination) of the Term of this Lease, Lessor shall inspect the Premises, make such deductions from the Security Deposit as may be required to cure any default by Lessee hereunder, and, if Lessee is not then in default hereunder, return the cash security then held by Lessor to Lessee within thirty (30) days of such expiration or termination. If Lessee fails is in default at the time of such expiration or termination, the Lessor shall be entitled to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults retain so much of the Security Deposit as Lessor reasonably estimates to be Lessee’s liability to Lessor under this Lease (as defined in Paragraph 13.1)and shall pay the balance, if any, to Lessee within such 30-day period. In the event that Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Depositthe cash security, towards the cure of an Event of Default by Lessee hereunder or towards damages payable by Lessee to Lessor by reason of the occurrence of an Event of Default by Lessee hereunder, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient pay to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with as Additional Rent, the amount so expended by Lessor as an addition to the Security Deposit within thirty (30) business days of notice given by Lessor so that the total amount of the Security Deposit shall at all times bear the same proportion (subject to the then current Base Rent thirty (30)-business day grace period herein referenced) Lessor shall be entitled to hold the full cash security required to be deposited with Lessor hereunder. Any failure of Lessee to deliver to Lessor the cash security as prescribed herein or any amounts expended from the initial cash security within the time and manner specified in this Section shall constitute an Event of Default under the Lease and Lessor shall retain such cash amounts (or the cash security, as appropriate) as a Security Deposit bears pursuant to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part provisions of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseSection.

Appears in 2 contracts

Sources: Lease (Aura Biosciences, Inc.), Lease (Aura Biosciences, Inc.)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), . Lessor may use, apply or retain all or any portion of said Security Deposit Deposit, for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, ; upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those melts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (American Custom Components Inc), Standard Industrial/Commercial Single Tenant Lease Gross (American Custom Components Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including reasonable attorneys' fees) which Lessor may suffer or incur by direct proximate reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies with moneys wit Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Ddi Corp), Standard Industrial/Commercial Single Tenant Lease Gross (Details Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (Spectratek Technologies Inc), Lease Agreement (Phoenix International Life Sciences Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 $1,656.00 as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request demand therefore deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount required by hereinabove stated and Lessee's failure to do so shall be a material breach of this Lease. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessor, shall thereupon deposit additional monies with Lessor as an addition to the Security Deposit additional security deposit so that the total amount of the Security Deposit security deposit held by lessor shall at all times bear the same proportion to the then current Base Rent rent as the initial Security Deposit original security deposit bears to the initial Base Rent original monthly rent set forth in Paragraph 1.54.1 hereof. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premises, return interest or other increment for its use to Lessee (or, at LessorLessee's option, to the last assignee, if any, of Lessee's interest herein)hereunder) within thirty (30) days after the expiration f the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit. The $1,684.00 security despot that portion was paid for lease dated 10/3/00 will be transferred and used for damages against this lease. The difference of the Security Deposit not used or $28.00 will be applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseSeptember rent.

Appears in 2 contracts

Sources: Industrial Lease (Viper Networks Inc), Industrial Lease (Viper Networks Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Leaselease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, any of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Single Tenant Lease (Microage Inc /De/), Single Tenant Lease Net (Southwall Technologies Inc /De/)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 $5472.88 as security for Lessee's faithful performance of Lessee's Lessees obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any other provision of this Lease (as defined in Paragraph 13.1)lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent, change for repair(s), cleaning, or replacement of damaged equipment, or other charge in default, or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request demand therefore deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 4. 1. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessees obligations, at the expiration said deposit or earlier termination so much thereof as has not theretofore been applied by lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 2 contracts

Sources: Commercial Lease (Quadrax Corp), Commercial Lease (Quadrax Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor In an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, Increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such Increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit shall security deposit held by Lessor shell at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's optionoptions, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 2 contracts

Sources: Standard Office Lease (San Diego Soccer Development Corp), Lease Agreement (San Diego Soccer Development Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee▇▇▇▇▇▇'s execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee▇▇▇▇▇▇'s faithful performance of Lessee▇▇▇▇▇▇'s obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee ▇▇▇▇▇▇ has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee▇▇▇▇▇▇'s interest Interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor▇▇▇▇▇▇, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Renewal (Egghead Inc /Wa/)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default, for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current than Current Base Rent as the initial Security Deposit security deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Sources: Office Lease (Country Star Restaurants Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit to the full amount then required by this Leaseof Lessee. Any time If the Monthly Base Rent increases shall from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the a Security Deposit so that the total amount of the Security Deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.51.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the said Security Deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said Deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Sources: Standard Office Lease (Nettaxi Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, ; upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Microtel International Inc)

Security Deposit. Lessee shall pay a security deposit with in the amount of $2500.00, which sum shall be held by Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's the faithful performance by Lessee of Lessee's obligations under all of the terms, covenants, conditions and agreements of this Lease. If Lessee fails defaults with respect to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may useretain, use or apply or retain all or any portion part of said the Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which suffered by Lessee’s default including, but not limited to, the failure of Lessee to pay any rent due hereunder, and for the repayment of amounts Lessor is obligated to spend by reason of Lessee’s default. Lessor may suffer claim from a Security Deposit those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Lessee, to clean the premises, and to compensate Lessor for any other foreseeable or incur unforeseeable loss or damage caused by reason thereofthe act or omission of Lessee or any person acting at the direction or under the authority or with the permission of Lessee. If Lessor uses or applies all or any portion of said Security Depositis so retained, Lessee shall used or applied, Lessee, within ten five (105) days after written request therefore following demand by Lessor, shall deposit monies with Lessor an amount sufficient to restore said the Security Deposit to the full original amount plus any increased amounts as required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accountsfunds, and Lessee shall not be entitled to interest on it. Lessor shallIf Lessee fully and faithfully performs every provision of this Lease, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessorshall be returned to Lessee within sixty (60) days following the expiration of the Lease Term and the surrender of the Premises. Unless otherwise expressly agreed in writing by Lessor, In no event shall Lessee have the right to apply any part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee rent payable under this Lease.

Appears in 1 contract

Sources: Lease Agreement

Security Deposit. Lessee shall deposit with Lessor upon Lessee's ’s execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Parametric Sound Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Commercial Lease Agreement (Openwave Systems Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.. (SEE ADDENDUM A, ADDITIONAL PROVISIONS, PARAGRAPH V)

Appears in 1 contract

Sources: Commercial Single Tenant Lease (Cryenco Sciences Inc)

Security Deposit. 9.1 Lessee shall currently has on deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 sum of $3,200. Said sum shall be held by Lessor as security for Lessee's the faithful performance by Lessee of all terms, covenants, and conditions of this Lease to be kept and performed by Lessee's obligations . Upon each notification of increase of Base Rent under this LeaseLease or any renewals or extensions hereof, Lessee may be asked to increase its security deposit so that the dollar amount of said security deposit is equal to or more than Base Rent. If Lessee fails to pay Base Rent defaults in the payment, performance or other rent or charges due hereunder, or otherwise Defaults observance of any of its obligations under this Lease (as defined in Paragraph 13.1including, but not limited to rent payment obligations hereunder), Lessor may (but shall not be required to) use, apply or retain all or any portion of said Security Deposit the security deposit for the payment of any rent or sum in default, or for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer spend or incur become obligated to spend by reason thereofof Lessees’ default. If Lessor uses or applies all or any portion of said Security Depositthe security deposit is so used or applied, Lessee shall shall, within ten five (105) days after written request therefore demand therefore, deposit monies cash with Lessor Lessee in an amount sufficient to restore said Security Deposit the security deposit to the full amount required by this Lease. Any time the Base Rent increases during the term its original amount, and Lessee’s failure to do so shall be a material breach of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit security deposit separate from its general accountsfunds and Lessee shall not be entitled to interest on said deposit. Lessor shallIf Lessee shall fully and faithfully perform each of its obligations under this Lease, at the expiration security deposit or earlier termination of the term hereof and after Lessee has vacated the Premises, return any balance thereof shall be returned to Lessee (or, at Lessor's ’s option, to the last assignee, if any, assignee of Lessee's ’s interest herein), that portion hereunder) at the expiration of the Security Deposit not used Term of this Lease (or applied by Lessorany renewal term which Lessor has agreed to in writing). Unless otherwise expressly agreed in writing by Lessor, no part In the event of the Security Deposit shall be considered to be held termination of Lessor’s interest in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease, Lessor shall transfer the security deposit to Lessor’s successor in interest, and Lessor shall thereafter have no further liability to Lessee with respect thereto.

Appears in 1 contract

Sources: Office Lease (Canyon Bancorp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this the Lease (as defined in Paragraph 13.1), . Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease (La Jolla Pharmaceutical Co)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, costcost , expense, loss or damage (including attorneys' attorney's fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit deposits monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Pacific Biometrics Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorney' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Iown Holdings Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's ’s execution hereof the Security Deposit set forth in Paragraph paragraph 1.7 as security for Lessee's faithful performance of Lessee's ’s obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If thereof Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall shall, at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease (Interactive Health, Inc.)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof h▇▇▇▇▇ the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance pe▇▇▇▇▇▇nce of Lessee's obligations under ▇▇▇▇▇ this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premisest▇▇ ▇▇▇mises, return return-to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest hereinhe▇▇▇▇), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part pan of the Security Deposit th▇ ▇▇▇▇rity Depose shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease (Empyrean Bioscience Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofhereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Sublease Agreement (Exodus Communications Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' feesfee) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, . Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to the Security Deposit so that the total amount of the Security Deposit shall at all times bear maintain the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of ration between the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Clontech Laboratories Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lesseelessee's execution hereof the Security Deposit as set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expenseexpense including but not limited to the cleaning of the Premises after Lessee vacates, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Canmax Inc /Wy/)

Security Deposit. Lessee shall deposit with Lessor upon Lessee▇▇▇▇▇▇'s execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee▇▇▇▇▇▇'s faithful performance of Lessee▇▇▇▇▇▇'s obligations under this Lease. If Lessee fails to pay Base Bass Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee ▇▇▇▇▇▇ has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee▇▇▇▇▇▇'s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor▇▇▇▇▇▇, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Supergen Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's its obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderRent, or otherwise Defaults under this Lease (as defined in Paragraph 13.1{see Section 14.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount already due Lessor Lessor, for Rents which will be due in the future, and/ or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said the Security Deposit, Lessee shall within ten (10) 1O days after written request therefore therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time Should the Base Rent increases Agreed Use be amended to accommodate a material change in the business of Lessee or to accommodate a sublessee or assignee, Lessor shall have the right to increase the Security Deposit to the extent necessary, in Lessor's reasonable judgment, to account for any increased wear and tear that the Premises may suffer as a result thereof. If a change in control of Lessee occurs during the term this Lease and following such change tre financial condition of this LeaseLessee is, in Lessor's reasonable judgment, significantly reduced, Lessee shall, upon written request from Lessor, shall deposit such additional monies with Lessor as an addition shall be sufficient to cause the Security Deposit so that the total amount of the Security Deposit shall to be at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth a commercially reasonable level based on such change in Paragraph 1.5financial condition. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at Within 30 days after the expiration or earlier termination of the term hereof and after Lessee has vacated the Premisesthis Lease, Lessor shall return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Assignment of Lease (Vital Therapies Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, cost expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within with ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by LessorLessor , no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.. (See Addendum, Paragraph #52)

Appears in 1 contract

Sources: Lease Agreement (Objectshare Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest Interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Aetrium Inc)

Security Deposit. Within ten (10) business days after full execution of this Lease, Lessee shall deposit with Lessor upon Lessee's execution hereof the sum of $12,022.65 as a security deposit (the “Security Deposit”). Lessor shall have no obligation to deliver possession of the Premises to Lessee until the Security Deposit set forth is paid but all obligations of this Lease, including the obligation to pay Base Monthly Rent, shall be in Paragraph 1.7 full force and effect. The Security Deposit shall be held by Lessor as security for Lessee's the faithful performance by Lessee of all of the provisions of this Lease to be performed or observed by Lessee's obligations under . No portion of the Security Deposit may be used by Lessee for any monetary obligation owed by Lessee during the term of this LeaseLease and any extension thereof, particularly the rent due for the last month of the term of this Lease or any extension thereof. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said the Security Deposit for the payment of said obligation or of any amount due other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said the Security DepositDeposit during the term hereof or any extension thereof, Lessee shall within ten (10) business days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said the Security Deposit to the full amount required by this Leasethereof. Any time the Base Rent increases during the term Lessee's failure to do so shall be deemed a failure to pay rent and shall constitute a material breach of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shalllf Lessee performs all of Lessee's obligations hereunder, at the expiration Security Deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) within sixty (60) days after the expiration of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed term hereof and after Lessee has vacated the Premises and they are returned to Lessor in writing by the condition in which they are obliged to be returned to Lessor, no part of whichever is later. No trust relationship is created herein between Lessor and Lessee with respect to the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Sources: Net Commercial Lease (Audentes Therapeutics, Inc.)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon give written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term Lease hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Ventures National Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges charge due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if anyan, of or Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment increments for its use, or to be prepayment for any monies moneys to be paid by be Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Tmci Electronics Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten tell (10) days after written request therefore demand therefor deposit monies cash with Lessor sufficient in an amount sufficent to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this thus Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit held by Lessor shall at all times limes bear the same proportion to the die then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination If Lessee performs all of the term hereof and after Lessee Lessee's obligations hereunder, said deposit, or so much thereof as has vacated the Premisesnot heretofore been applied by Lessor, return 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 Lessee's interest herein)hereunder) at the expiration of the term hereof, that portion of and after Lessee has vacated tile Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit, and under no circumstances shall Lessor be required to keep the Security Deposit separate from its other funds or in an interest-bearing account, nor shall Lessee be entitled to any interest on such amounts regardless of whether or not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held is deposited in trustan interest-bearing account. Should Lessor sell or transfer, to bear voluntarily or othenvise, its interest in the Premises during the term hereof and if Lessor deposits with the purchaser or other increment for its use, or to be prepayment for any monies to be paid transferee thereof the then unappropriated funds deposited by Lessee under this Leaseas aforesaid, Lessor shall thereupon be discharged from any further liability with respect to such Security Deposit.

Appears in 1 contract

Sources: Office Lease (Sangui Biotech International Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security Security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, any of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease. NOTE: Security Deposit shall not be applied toward the last month's rent. In no event shall the Security Deposit on hand be less than an amount equal to the then current month's rent.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Who Vision Systems Inc /Fl)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's ' faithful performance of Lessee's obligations under this Lease. If It Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor Lessee may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, . Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Cmgi Inc)

Security Deposit. Lessee shall Lessor/Agent hereby acknowledges, by receipt hereof, the sum of $ , which ▇▇▇▇▇▇ agrees to hold as a deposit with Lessor upon Lessee's execution hereof the to secure ▇▇▇▇▇▇’s faithful performance hereunder. The Security Deposit set forth in Paragraph 1.7 may not be applied by Lessee as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount rent or damages due Lessor or to reimburse or compensate Lessor Lessor, and Lessee is liable for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion breach of said Security Deposit, Lessee this agreement and shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit not be limited to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount value of the Security Deposit for damages and/or loss. ▇▇▇▇▇▇ agrees to reimburse the Lessor immediately upon presentation of a bill for any damage and/or loss. If the following conditions are met, Lessor shall at return whatever is due Lessee within thirty (30) days after Lessee vacates by returning all times bear the same proportion keys to Lessor. Deposit refunds shall be made payable to the then current Base Rent Lessee(s) listed above. A) Return the premises in as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5good a condition and as clean as when ▇▇▇▇▇▇ took possession, or pay a minimum $350.00 cleaning fee. Lessor shall not be required to keep all or any part of charge against the Security Deposit separate for any work he deems necessary and shall make an accounting thereof. Damage from its general accounts. Lessor shallunreported water leaks, including, but not limited to, overflow of water due to stoppage of drain lines, open windows and a/c units shall be billed to the tenant. B) Give at the expiration or earlier termination least thirty (30) days written notice of the term hereof date of vacation, the date the keys will be returned, and after a forwarding address. The last rent payment shall be a full monthly payment through the last day of the final month with vacation prior to the first day of the following month. Lessee has vacated the Premises, return to Lessee (or, at shall be assessed a $100.00 fee for any key not returned. C) Allow Lessor's option/Agent, to show the last assignee, if any, of Lessee's interest herein)premises at reasonable times after any decision to vacate. If tenant vacates and fails to immediately remove personal property, that portion of property shall be deemed abandoned. D) ▇▇▇▇▇▇ agrees that Lessor may deduct any unpaid balances, damages and/or losses, services, utilities, late payment fees, and/or return check fees, from the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Sources: Lease Agreement

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee within 15 days (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease (Intertrust Technologies Corp)

Security Deposit. In the event of a change in control of Lessee, Lessee shall deposit with Lessor upon Lessee's execution hereof demand by Lessor the sum of $65,875 (the "Security Deposit set forth in Paragraph 1.7 Deposit") as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults defaults under this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said the Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' feesfees and expenses) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said the Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies with Lessor sufficient to restore said the Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this LeaseTerm, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current total Base Rent as the initial Security Deposit bears to the initial total Base Rent set forth in Paragraph 1.5Rent. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or on earlier termination of the term hereof Term, full performance by Lessee of all of its obligations under this Lease and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Cosmetic Center Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee Lessor fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as Lease(as defined in Paragraph paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore thereof deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for of its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Intellisys Group Inc)

Security Deposit. Subject to the terms and conditions of Paragraph 51 Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit in the form of a Letter of Credit set forth in Paragraph 1.7 51, as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Sublease Agreement (Genoptix Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 1.8 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term Term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Commercial Lease (American Consolidated Management Group Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so sot that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Big Dog Holdings Inc)

Security Deposit. Upon execution of this Lease Contract, Lessee shall agrees to deposit with Lessor, the receipt of which is hereby Acknowledged, the sum of $100.00. This deposit, which is non-interest bearing, is to be held by the Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's the full and faithful performance of all of the terms and conditions of this lease and shall be forfeited upon the violation or default of any of the covenants, agreements, terms or conditions herein made, assumed, or agreed to by Lessee's obligations under . Upon Lessee’s return of the asset at the termination of this Leaselease, payment of all rent due and owing in accordance with the terms of this lease and the surrender of all keys at the office of Lessor, Lessee shall be entitled to the return of said security deposit provided the leased asset is returned in as good condition as it was at the time the Lessee first took same. If Deductions will be made from this security deposit to reimburse Lessor for the cost of repairing any damage to the asset or equipment or replace or pay for any of the articles or equipment that may be broken, damaged beyond repair, lost or missing at the termination of the lease. Lessee fails agrees to deliver the asset clean and free of trash at the termination of this lease. In the event that such damages exceed the amount of the security deposit, Lessee agrees to pay Base Rent or other rent or charges due hereunderany excess cost to Lessor. This security deposit is not an advance rental, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor and Lessee may use, apply or retain all or not deduct any portion of said Security Deposit for the payment of any amount security deposit from the rent due to Lessor or to reimburse or compensate by Lessee. Lessor for any liabilityagrees that, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies provided all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term terms and conditions of this Leaselease are complied with, Lessee shall, upon written request from Lessor, Lessor will refund the security deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (orafter the asset has been returned, at Lessor's optionall keys returned, to and the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied asset has been inspected by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base _ [deleted] Rent increases during the term of this Lease, Lessee shall, upon written request from ____ [deleted] Lessor, ; deposit additional monies moneys with Lessor as an addition sufficient to maintain the Security Deposit so that _ [deleted] amounts are specified in the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (in a timely fashion or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Single Tenant Lease (Informix Corp)

Security Deposit. Upon execution of this Sublease, in addition to the installment of rent due under Article 3 and in addition to any other amounts that are due from Lessee upon the execution of this Sublease, Lessee shall deposit with Lessor upon Lessee's execution hereof deliver to Landlord a Security Deposit in the amount stated in Lease Information. Landlord may apply all or part of the Security Deposit set forth in Paragraph 1.7 as security to any unpaid rent, and damages and charges for Lessee's faithful performance of Lessee's obligations which Lessee is legally liable under this LeaseSublease, and damages and charges that result from a breach of this Sublease, including but not limited to any other provision that requires Lessee to leave the Leased Premises in a certain condition upon the expiration or termination of this Sublease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or Landlord uses any portion part of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall restore the Security Deposit to its full amount within ten (10) days after Landlord’s written request therefore deposit monies with Lessor sufficient demand. Lessee’s failure to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear within the same proportion to time specified will be a default under this Sublease. No interest will be paid on the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Deposit. Lessor shall Landlord will not be required to keep all or any part of the Security Deposit separate from its general other accounts, and no trust relationship is created with respect to the Security Deposit. Lessor shall, at After the expiration or earlier termination of this Sublease, Landlord shall refund the unused portion of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assigneeSecurity Deposit, if any, to Lessee within ten (10) days after the date Lessee surrenders possession of the Leased Premises and provides a written notice to Landlord of Lessee's ’s forwarding address for the purpose of refunding the Security Deposit. If Landlord transfers its interest herein)in the Leased Premises, that portion then Landlord may assign the Security Deposit to the transferee and Landlord thereafter shall have no further liability for the return of the Security Deposit not used Deposit. The provisions of this Article will survive the expiration or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part termination of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseSublease.

Appears in 1 contract

Sources: Sublease Agreement (AST SpaceMobile, Inc.)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof on or prior to July 1, 2004, a portion of the Security Deposit set forth in Paragraph 1.7 as security for the amount of Two Hundred Thousand and no/100 Dollars ($200,000.00). The remaining Four Hundred Thirty Thousand Dollars ($430,000.00) (together, the "Existing Tenant Deposit") of the Security Deposit shall be assigned, conveyed and transferred from the Existing Tenant to Lessor on or prior to the Commencement Date and Lessee hereby authorizes and consents to such assignment, conveyance and transfer. In the event that the Existing Tenant has use or applied all or any portion of the Existing Tenant Deposit portion of the Security Deposit pursuant to the Sublease, Lessee shall within ten (10) business days of written request therefor, deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. The Security Deposit shall secure Lessee's faithful performance of Lessee's its obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderRent, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time If the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current increased Base Rent as the initial Security Deposit bears bore to the initial Base Rent set forth Rent. Should the Agreed Use be amended to accommodate a material change in Paragraph 1.5the business of Lessee or to accommodate a sublessee or assignee, Lessor shall have the right to increase the Security Deposit to the extent necessary, in Lessor's reasonable judgment, to account for any increased wear and tear that the Premises may suffer as a result thereof. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Within thirty (30) days after the Premises have been vacated pursuant to Paragraph 7.4(c) below, Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, shall return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.. Lessee hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which provide that Lessor may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Lessee or to clean the Premises, it being agreed that Lessor may, in addition, claim those sums reasonably necessary to compensate Lessor for any other loss or damage, foreseeable or unforeseeable, caused by the acts or omissions of Lessee or any officer, employee, agent, contractor or invitee of Lessee. Initials ___ ___

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Overhill Farms Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails falls to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for for, any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases Increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part pad of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Sunrise Telecom Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined declined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. 1.5 Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated vacation the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be he held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Align Technology Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term terms hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease (Vantagemed Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's ’s execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), . Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required require by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its this use, or to be prepayment for any monies to be paid by Lessee Lessor under this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease (Align Technology Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' attorney's fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Software Technologies Corp/)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's Lessors option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Datron Systems Inc/De)

Security Deposit. In addition, the Lessee has deposited with the Lessor the sum of $ _ as a rental damage security deposit and as surety that he will return said Watercraft, and its equipment and furnishings to Lessor at the place where taken by Lessee(and promptly at the end of the lease period) in same condition as when taken, ordinary wear and tear excepted. In the event the Lessee shall comply with the terms of this agreement, said deposit with Lessor upon shall be refunded to Lessee's execution hereof . In the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance event of Lessee's obligations under this Lease. If Lessee fails damage to pay Base Rent or other rent or charges due hereunderloss of said craft, its furnishings and equipment, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)nonpayment of rental, Prop damage, or for gas and oil, or if Lessor may useis put to expenses of returning said Watercraft to the location from which taken, apply said deposit shall be applied toward the cost of compensating Lessor for such damage, loss or retain expense. Nothing herein contained shall absolve Lessee from responsibility for all negligent or willful acts causing loss to Lessor. Lessee shall also forfeit deposit if any portion of said Security Deposit the rental contract is violated hereunder. Lessee acknowledges that by signing this agreement agrees to a hold placed on Credit card provided as a surety and payment should any damages occur FUEL USAGE: Lessee is responsible for fuel usage and vessel must be returned full to the payment top with premium grade fuel only, if not returned full lessee will be charged for fuel and a $15 service fee Any violation of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee the above and foregoing requirements shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term constitute a breach of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition agreement and lessor is entitled to the Security Deposit so that the total amount immediate possession of the Security Deposit shall at all times bear rented vessel and lessee forfeits the same proportion to remainder of any time allotted on the then current Base Rent as rented vessel and the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5security deposit thereon. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseThis condition is without exception.

Appears in 1 contract

Sources: Pontoon Rental Agreement

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails falls to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear be the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Advanced Precision Technology Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee▇▇▇▇▇▇'s faithful performance of Lessee▇▇▇▇▇▇'s obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, hereunder or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Leaselease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee ▇▇▇▇▇▇ has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee▇▇▇▇▇▇'s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor▇▇▇▇▇▇, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (BGF Industries Inc)

Security Deposit. Lessor acknowledges deposit by Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 of $96,250 as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)lease, Lessor may use, apply or retain all or any portion of or said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee’s default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount required by herein above stated and Lessee’s failure to do so shall be a material breach or this Lease. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of or this Lease, Lessee shall, upon written request from Lessor, shall thereupon deposit additional monies with Lessor as an addition to the Security Deposit additional security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent rent as the initial Security Deposit original security deposit bears to the initial Base Rent original monthly rent set forth in Paragraph 1.5paragraph 4 hereof. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee’s obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of or Lessee's ’s interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Sources: Lease Agreement (TUTOR PERINI Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion potion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee within thirty (30) days (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Multi Tenant Lease (New Century Financial Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' attorney's fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, option to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Sublease Agreement (Inland Northwest Bancorporation Inc)

Security Deposit. On or before the Delivery Date, Lessee shall submit a security deposit with to Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Leasean amount equal to $13,367.90. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply apply, or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee’s default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which that Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any If the monthly rent increases, from time the Base Rent increases to time, during the term of this Lease, Lessee shall, upon written request from at Lessor’s request, at the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 4. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of its obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion hereunder) at the expiration of the Security Deposit not used or applied by Lessorterm hereof, and after Lessee has vacated the Premises. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered No trust relationship is created herein between Lessor and Lessee with respect to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leasesaid security deposit.

Appears in 1 contract

Sources: Industrial Lease (Transoma Medical Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this LeaseLessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Sources: Standard Office Lease (Sirf Technology Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Cmgi Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request demand therefore deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, . Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears security deposit hears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Base Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general 5 accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Sources: Standard Office Lease (Optimumcare Corp /De/)

Security Deposit. Lessee shall deposit with Lessor Lessor, concurrently upon Lessee's execution hereof hereof, the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default, for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's Lessors option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) within sixty (60) days following the expiration of the term hereof and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit Deposit. The Lessee shall not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part have the right to apply the security deposit against rent owning during the final month(s) of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseTerm. SEE PARAGRAPH 75.

Appears in 1 contract

Sources: Standard Office Lease (Yupi Internet Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, liability cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, should upon written request from Lessor, Lessor deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its 4 general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by LessorLessee, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment *** for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Consolidated Capital of North America Inc)